Document ID: chunk:federal_register_of_legislation:F2024L01652:clause:1_12
Version: federal_register_of_legislation:F2024L01652
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 10215–11600

12  Subclause 103.322(1) of Schedule 2
Repeal the subclause, substitute:
 (1) Either:
 (a) a sponsorship of the kind mentioned in clause 103.212, approved by the Minister, is in force and includes sponsorship of the applicant, whether or not the sponsor was the sponsor at the time of application; or
 (b) the applicant is sponsored in accordance with subclause (1A) and the sponsorship has been approved by the Minister and is in force.
 (1A) The applicant is sponsored:
 (a) by a child of the primary applicant mentioned in subclause 103.321(2), (3) or (4), if the child:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
 (b) by the child's cohabiting spouse or de facto partner, if the spouse or de facto partner:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
  (c) if the child or child's cohabiting spouse or de facto partner has not turned 18—by a relative or guardian of the child or child's cohabiting spouse or de facto partner, if the relative or guardian:
 (i) has turned 18; and
 (ii) is a settled Australian citizen, a settled Australian permanent resident or a settled eligible New Zealand citizen; or
 (d) if the child has not turned 18—by a community organisation.