Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p17
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 17/178)
Character Range: 1466317–1469091

of a passport.
161.3—Secondary criteria
Note: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
161.31—Criteria to be satisfied at time of application

161.311
  The applicant is a member of the family unit of a person who:
 (a) satisfies the primary criteria in Subdivision 161.21; or
 (b) holds a Subclass 161 visa.
161.32—Criteria to be satisfied at time of decision

161.321
  The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 161 visa.

161.322
  The applicant:
 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021; and
 (b) if the applicant had turned 18 at the time of application—satisfies public interest criterion 4019.

161.323
  If the applicant has previously been in Australia, the applicant satisfies special return criteria 5001, 5002 and 5010.

161.324
  If the applicant has not turned 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
161.4—Circumstances applicable to grant

161.411
 (1) If the applicant:
 (a) satisfies the secondary criteria; and
 (b) holds a student visa at the time of application;
  the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.
 (2) In any other case, the applicant must be outside Australia when the visa is granted.
Note: The second instalment of the visa application charge must be paid before the visa can be granted.
161.5—When visa is in effect

161.511
  Temporary visa permitting the holder to travel to, enter and remain in Australia until a date specified by the Minister.
161.6—Conditions

161.611
  If the applicant is outside Australia when the visa is granted, first entry must be made before a date specified by the Minister for the purpose.

161.612
  If the applicant is outside Australia when the visa is granted, either or both of conditions 8502 and 8515 may be imposed.

Subclass 162—Investor (Provisional)
162.1—Interpretation

162.111
  In this Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
eligible investment, for a person, means:
 (a) an ownership interest in a business; or
 (b) a loan to a business; or
 (c) cash on deposit; or
 (d) stocks and bonds; or
 (e) real estate; or
 (f) gold or silver bullion;
that is owned by the person for the purpose of producing a return by way of income or capital gain and is not held for personal use.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset,