Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_4:p1
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/5)
Character Range: 118278–121050

4                  Any other applicant                                                                               Nil

 (3) For the purposes of determining the application on or after 17 December 2024, apply clauses 132.211, 132.213 and 132.214 of Schedule 2 as if those clauses (as in force immediately before 1 July 2021) had been replaced with the following:

"132.211
 (1) The following persons must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia:
 (a) the applicant (the primary applicant);
 (b) the primary applicant's spouse or de facto partner;
 (c) the person covered by subclause (2).
 (2) This subclause covers a person if:
 (a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and
 (b) the relationship between the primary applicant and the person has ceased; and
 (c) one or more of the following has experienced family violence committed by the primary applicant:
 (i) the person;
 (ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant;
 (iii) a dependent child of the person or of the primary applicant."

"132.213
 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021.
 (2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019.
 (3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020.
 (4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 132 visa.
 (5) This subclause covers a person (the relevant person) if:
 (a) the relevant person was, at the time of the primary applicant's application, a member of the family unit of the primary applicant; and
 (b) the relevant person is an applicant for a Subclass 132 visa; and
 (c) the Minister is satisfied that:
 (i) the relevant person; or
 (ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or
 (iii) a dependent child of the relevant person or of the primary applicant;
  has experienced family violence committed by the primary applicant.
Note: For special provisions relating to family violence, see Division 1.5.
 (6) This subclause covers a person if:
 (a) the person was, at the time of the primary applicant's application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and
 (b) the person