Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 (F2017L00816)
Schedule 1 Retirement visas
Migration Regulations 1994
14 Subclause 410.321(5) of Schedule 2
Repeal the subclause, substitute:
(5) If the applicant is in Australia, the applicant has complied substantially with the conditions (the previous visa conditions ) that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa, unless:
(a) if condition 8303 was a previous visa condition - the applicant has complied substantially with that condition; and
(b) either:
(i) the applicant holds a Subclass 410 visa; or
(ii) the last substantive visa held by the applicant was a Subclass 410 visa; and
(c) the Minister is satisfied that the applicant was unable to comply substantially with the previous visa conditions (other than condition 8303) because of compassionate and compelling circumstances.