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MIGRATION REGULATIONS 1994 - SCHEDULE 13

Transitional arrangements

(regulation   5.45)

Part   1 -- Amendments made by Migration Amendment Regulation   2012 (No.   2)

 

101   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   2) apply in relation to:

  (a)   an application for a visa made on or after 1   July 2012; and

  (b)   an application for approval of a nomination made on or after 1   July 2012.

  (2)   However, the repeal of a provision of these Regulations by Schedule   1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1   July 2012 in accordance with regulation   2.08, 2.08A or 2.08B of these Regulations.

  (3)   Despite subregulations   5.19(1) to (7), an application to the Minister for approval of a nominated position as an approved appointment made before 1   July 2012 is to be dealt with in accordance with these Regulations as in force immediately before that day.

Note:   Regulation   5.19 was amended on 1   July 2012, including changes to terminology and concepts that had been used in that regulation before that day.

102   Operation of Schedule   2

  (1)   The amendments of these Regulations made by Schedule   2 to the Migration Amendment Regulation   2012 (No.   2) apply in relation to an application for a visa made on or after 1   July 2013.

  (2)   However, the repeal of a provision of these Regulations by Schedule   2 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1   July 2013 in accordance with regulation   2.08, 2.08A or 2.08B of these Regulations.

Part   2 -- Amendments made by Migration Legislation Amendment Regulation   2012 (No.   2)

 

201   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment Regulation   2012 (No.   2) apply in relation to a matter for which an obligation to pay a fee or charge is incurred on or after 1   July 2012.

Part   3 -- Amendments made by Migration Amendment Regulation   2012 (No.   3)

 

301   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   3) apply in relation to an application for a visa made on or after 1   July 2012.

  (2)   However, the repeal or amendment of a provision of these Regulations by Schedule   1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1   July 2012 in accordance with regulation   2.08 or 2.08B of these Regulations.

Part   4 -- Amendments made by Migration Legislation Amendment Regulation   2012 (No.   3)

 

401   Operation of amendments

    The amendments of these Regulations made by Schedules   1 and 2 to the Migration Legislation Amendment Regulation   2012 (No.   3) apply in relation to an application for a visa made on or after 1   July 2012.

Part   5 -- Amendments made by Migration Amendment Regulation   2012 (No.   5)

 

501   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items [1] to [7], [10], [11], [14] to [16] and [18] to [20] of Schedule   1 to the Migration Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa made on or after the day that regulation commences.

  (2)   The amendments of these Regulations made by items [8], [9], [12], [13], [17] and [21] of Schedule   1 to the Migration Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before the day that regulation commences; and

  (b)   made on or after the day that regulation commences.

Part   6 -- Amendments made by the igration Legislation Amendment Regulation   2012 (No.   4)

 

601   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment Regulation   2012 (No.   4) apply in relation to an application made on or after 24   November 2012 for:

  (a)   a visa; or

  (b)   approval as a sponsor; or

  (c)   approval of a nomination; or

  (d)   the variation of the terms of an approval as a sponsor.

  (2)   However, the amendments made by Schedule   1 do not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 24   November 2012 in accordance with regulation   2.08 of these Regulations.

602   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment Regulation   2012 (No.   4) apply in relation to:

  (a)   an application for:

  (i)   a visa; or

  (ii)   approval as a sponsor; or

  (iii)   approval of a nomination;

    made before 24   November 2012 but not finally determined before that date; and

  (b)   an application made on or after 24   November 2012 for a visa.

603   Operation of Schedule   3

  (1)   The amendments of these Regulations made by Schedule   3 to the Migration Legislation Amendment Regulation   2012 (No.   4) apply in relation to an application made on or after 24   November 2012 for:

  (a)   a visa; or

  (b)   approval as a sponsor.

  (2)   However, the amendments made by Schedule   3 do not apply in relation to an application made on or after 24   November 2012 for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.

  (3)   Also, the amendments made by Schedule   3 do not apply in relation to an application made on or after 24   November 2012 for approval as a sponsor made in relation to an application for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.

Part   7 -- Amendments made by Migration Legislation Amendment Regulation   2012 (No.   5)

 

701   Operation of amendments

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application made on or after 24   November 2012 for a visa by a person seeking to satisfy the secondary criteria for the grant of a Subclass 422 (Medical Practitioner) visa.

  (2)   The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa made on or after 24   November 2012.

  (3)   The amendments of these Regulations made by Schedule   3 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa made on or after 24   November 2012.

  (4)   The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 24   November 2012; or

  (b)   made on or after 24   November 2012.

  (5)   The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to a request to be given a prescribed form of evidence of a visa made on or after 24   November 2012.

  (6)   The amendments of these Regulations made by Schedule   6 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa made, but not finally determined, before 24   November 2012 if both of the following apply:

  (a)   on or after 24   November 2012, the alleged victim, or another person on the alleged victim's behalf, has provided a statutory declaration under regulation   1.25;

  (b)   the alleged victim, or another person on the alleged victim's behalf, has not previously provided a statutory declaration under regulation   1.25 in relation to that application.

  (7)   The amendments of these Regulations made by Schedule   6 to the Migration Legislation Amendment Regulation   2012 (No.   5) apply in relation to an application for a visa made on or after 24   November 2012.

Part   8 -- Amendments made by Migration Amendment Regulation   2012 (No.   7)

 

801   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   7) apply in relation to an application for a visa made on or after 24   November 2012.

Part   10 -- Amendments made by the igration Amendment Regulation   2012 (No.   8)

 

1001   Operation of amendments

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   8) apply in relation to a bridging visa to which the following apply:

  (a)   the visa is held on the basis of an application, or a purported application, for merits review;

  (b)   on 1   January 2013, the final review authority in relation to that merits review had not yet notified the holder of the bridging visa:

  (i)   of its decision on the merits review; or

  (ii)   that the application for merits review was not made in accordance with the law governing the making of applications to that review authority.

  (2)   The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   8) also apply in relation to a bridging visa that is held on the basis of an application, or a purported application, for merits review made on or after 1   January 2013.

  (3)   The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2012 (No.   8) also apply in relation to a bridging visa:

  (a)   that is held on the basis of an application for a substantive visa:

  (i)   made, but not finally determined, before 1   January 2013; or

  (ii)   made on or after 1   January 2013; and

  (b)   to which subclause   (1) or (2) does not apply.

  (4)   The amendments of these Regulations made by Schedule   2 to the Migration Amendment Regulation   2012 (No.   8) apply in relation to an application for a visa made on or after 1   January 2013.

  (5)   The amendments of these Regulations made by Schedule   3 to the Migration Amendment Regulation   2012 (No.   8) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 1   January 2013; or

  (b)   made on or after 1   January 2013.

Part   12 -- Amendments made by the Migration Amendment Regulation   2013 (No.   1)

 

1201   Operation of Schedules   1 to 7

    The amendments of these Regulations made by Schedules   1 to 7 to the Migration Amendment Regulation   2013 (No.   1) apply in relation to an application for a visa made on or after 23   March 2013.

Part   13 -- Amendments made by the Migration Legislation Amendment Regulation   2013 (No.   1)

 

1301   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   1 and 2 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   1) apply in relation to an application for review to the Migration Review Tribunal made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by items   3 and 4 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   1) apply in relation to an application for review to the Refugee Review Tribunal made on or after 1   July 2013.

1302   Operation of Schedule   2

  (1)   The amendments of these Regulations made by items   1 to 5 and 8 to 22 of Schedule   2 to the Migration Legislation Amendment Regulation   2013 (No.   1) apply in relation to an application for a visa made on or after 23   March 2013.

  (2)   The amendments of these Regulations made by items   6 and 7 of Schedule   2 to the Migration Legislation Amendment Regulation   2013 (No.   1) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 23   March 2013; or

  (b)   made on or after 23   March 2013.

1303   Operation of Schedule   3

  (1)   The repeal of subparagraph   2.43(2)(b)(i) by item   2 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   1) does not apply in relation to a person who:

  (a)   holds a student visa; and

  (b)   was sent a notice of proposed cancellation of the visa under section   119 of the Act for non - compliance with visa condition 8104 or 8105 before 13   April 2013.

  (2)   The repeal of subparagraph   2.43(2)(b)(ii) by item   2 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   1) does not apply in relation to a person who:

  (a)   holds a student visa; and

  (b)   was sent:

  (i)   a notice of proposed cancellation of the visa under section   119 of the Act for non - compliance with visa condition 8202 before 13   April 2013; or

  (ii)   a notice under section   20 of the Education Services for Overseas Students Act 2000 for non - compliance with visa condition 8202 in relation to the visa.

1304   Operation of Schedule   4

  (1)   The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment Regulation   2013 (No.   1) apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal if the decision to which the application relates is made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment Regulation   2013 (No.   1) also apply in relation to:

  (a)   a notice to appear before the Migration Review Tribunal or the Refugee Review Tribunal issued on or after 1   July 2013; and

  (b)   an invitation to provide comments or information to the Migration Review Tribunal or the Refugee Review Tribunal made on or after 1   July 2013; and

  (c)   an extension of time given by the Migration Review Tribunal or the Refugee Review Tribunal on or after 1   July 2013.

Part   14 -- Amendments made by Migration Amendment Regulation   2013 (No.   2)

 

1401   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment Regulation   2013 (No.   2) apply in relation to an application for a visa made on or after 1   June 2013.

Part   15 -- Amendments made by the igration Legislation Amendment Regulation   2013 (No.   2)

 

1501   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   2, 3 and 4 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   2) apply in relation to an application for a visa made on or after 1   June 2013.

  (2)   The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment Regulation   2013 (No.   2) apply in relation to an application for a visa made on or after 1   July 2013.

Part   16 -- Amendments made by the igration Amendment (Permanent Protection Visas) Regulation   2013

 

1601   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Permanent Protection Visas) Regulation   2013 apply in relation to a visa granted on or after 3   June 2013.

Part   16A -- Amendments made by the igration Amendment (Subclass 050 and Subclass 051 Visas) Regulation   2013

 

16A01   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation   2013 apply on and after the day that regulation commences.

Part   17 -- Amendments made by the igration Amendment (Visa Application Charge and Related Matters) Regulation   2013

 

1701   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Visa application Charge and Related Matters) Regulation   2013 apply in relation to an application for a visa made on or after 1   July 2013.

Part   19 -- Amendments made by the igration Legislation Amendment Regulation   2013 (No.   3)

 

1901   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   1 and 2 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for approval as a sponsor, or for the variation of the terms of approval as a sponsor:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by item   3 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a nomination under subsection   140GB(1) of the Act:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

  (3)   The amendments of these Regulations made by items   4 to 6 of Schedule   1 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a person who is or was a standard business sponsor on or after 1   July 2013.

1902   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to:

  (a)   an application for approval as a sponsor made on or after 1   July 2013; and

  (b)   an application for a variation of a term of an approval as a sponsor made on or after 1   July 2013; and

  (c)   a nomination under subsection   140GB(1) of the Act made on or after 1   July 2013; and

  (d)   an application for a visa made on or after 1   July 2013.

1903   Operation of Schedule   3

  (1)   The amendments of these Regulations made by item   1 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to:

  (a)   a nomination under subsection   140GB(1) of the Act made on or after 1   July 2013; and

  (b)   a nomination under regulation   5.19 made on or after 1   July 2013; and

  (c)   an application for a visa made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by items   2 and 3 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

  (3)   The amendments of these Regulations made by item   4 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply on and after 1   July 2013.

  (4)   The amendments of these Regulations made by items   5 and 6 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to:

  (a)   an application for approval as a sponsor:

  (i)   made, but not finally determined, before 1   July 2013; or

  (ii)   made on or after 1   July 2013; and

  (b)   an application for a variation of a term of an approval as a sponsor:

  (i)   made, but not finally determined, before 1   July 2013; or

  (ii)   made on or after 1   July 2013.

  (5)   The amendments of these Regulations made by items   7, 8 and 9 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a nomination under subsection   140GB(1) of the Act:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

  (6)   The amendments of these Regulations made by item   10 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a nomination under regulation   5.19 made on or after 1   July 2013.

  (7)   The amendments of these Regulations made by items   11 to 20 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

  (8)   The amendments of these Regulations made by items   21 and 22 of Schedule   3 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a visa that is:

  (a)   in effect on 1   July 2013; or

  (b)   granted on or after 1   July 2013.

1904   Operation of Schedule   4

    The amendments of these Regulations made by item   4 of Schedule   4 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a payment made for the purposes of the Act or these Regulations on or after 1   July 2013.

1905   Operation of Schedule   5

    The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa made on or after 1   July 2013.

1906   Operation of Schedule   6

  (1)   The amendments of these Regulations made by item   1 of Schedule   6 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for approval of a nomination made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by item   2 of Schedule   6 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa made on or after 1   July 2013.

1907   Operation of Schedule   7

    The amendments of these Regulations made by Schedule   7 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

1908   Operation of Schedule   8

    The amendments of these Regulations made by Schedule   8 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to a request made for regulation   2.08A or 2.08B on or after 1   July 2013.

1909   Operation of Schedule   9

    The amendments of these Regulations made by Schedule   9 to the Migration Legislation Amendment Regulation   2013 (No.   3) apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 1   July 2013; or

  (b)   made on or after 1   July 2013.

Part   20 -- Amendments made by the igration Amendment Regulation   2013 (No.   5)

 

2001   Operation of Schedule   1

  (1)   The amendments of these Regulations made by item   1 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to:

  (a)   an application for approval as a sponsor that:

  (i)   was made before 1   July 2013; and

  (ii)   had not been finally determined before 1   July 2013; and

  (b)   an application for approval as a sponsor made on or after 1   July 2013.

  (2)   The amendments of these Regulations made by item   2 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to:

  (a)   an application for variation of a term of approval as a sponsor that:

  (i)   was made before 1   July 2013; and

  (ii)   had not been finally determined before 1   July 2013; and

  (b)   an application for variation of a term of approval as a sponsor made on or after 1   July 2013.

  (3)   The amendments of these Regulations made by item   3 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to:

  (a)   a nomination under subsection   140GB(1) of the Act:

  (i)   made before 1   July 2013; and

  (ii)   not finally determined before 1   July 2013; and

  (b)   a nomination under subsection   140GB(1) of the Act made on or after 1   July 2013.

  (4)   The amendments of these Regulations made by item   4 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to a standard business sponsor on and after 1   July 2013.

  (5)   The amendments of these Regulations made by item   5 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1   July 2013.

  (6)   The amendments of these Regulations made by items   6, 7 and 9 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1   July 2013.

  (7)   The amendments of these Regulations made by item   8 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply on and after 1   July 2013.

  (8)   The amendments of these Regulations made by item   10 of Schedule   1 to the Migration Amendment Regulation   2013 (No.   5) apply in relation to a visa that is:

  (a)   in effect on 1   July 2013; or

  (b)   granted on or after 1   July 2013.

Part   22 -- Amendments made by the igration Amendment (Skills Assessment) Regulation   2013

 

2201   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items [5] to [7] of Schedule   1 to the Migration Amendment (Skills Assessment) Regulation   2013 apply in relation to an application for a visa made on or after 28   October 2013.

  (2)   The amendments of these Regulations made by items [2] to [4] and [8] to [11] of Schedule   1 to the Migration Amendment (Skills Assessment) Regulation   2013 apply in relation to an application for a visa made on or after 28   October 2013 as a result of an invitation in writing on or after 28   October 2013 by the inister to apply for the visa.

Part   23 -- Amendments made by the igration Amendment (Visa Application Charge and Related Matters No.   2) Regulation   2013

 

2301   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   1 and 2 of Schedule   1 to the Migration Amendment (Visa Application Charge and Related Matters No.   2) Regulation   2013 apply in relation to a nomination under subsection   140GB(1) of the Act:

  (a)   made, but not finally determined, before 23   November 2013; or

  (b)   made on or after 23   November 2013.

  (2)   The amendments of these Regulations made by items   7 and 8 of Schedule   1 to the Migration Amendment (Visa Application Charge and Related Matters No.   2) Regulation   2013 apply in relation to a visa application:

  (a)   made, but not finally determined, before 23   November 2013; or

  (b)   made on or after 23   November 2013.

Part   24 -- Amendments made by the igration Amendment (Internet Applications and Related Matters) Regulation   2013

 

2401   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Internet Applications and Related Matters) Regulation   2013 apply in relation to an application for a visa made on or after 23   November 2013.

Part   25 -- Amendments made by the igration Amendment (Bridging Visas--Code of Behaviour) Regulation   2013

 

2501   Operation of Schedule   1

  (1)   The amendment of these Regulations made by item   1 of Schedule   1 to the Migration Amendment (Bridging Visas--Code of Behaviour) Regulation   2013 applies in relation to an application for a visa made on or after 14   December 2013.

  (2)   The amendments of these Regulations made by items   2 to 6 of Schedule   1 to the Migration Amendment (Bridging Visas--Code of Behaviour) Regulation   2013 apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 14   December 2013; or

  (b)   made on or after 14   December 2013.

Part   27 -- Amendments made by the igration Amendment (2014 Measures No.   1) Regulation   2014

 

2701   Operation of Schedules   1 to 3

    The amendments of these Regulations made by Schedules   1 to 3 to the Migration Amendment (2014 Measures No.   1) Regulation   2014 apply in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 22   March 2014;

  (b)   an application made on or after 22   March 2014.

2702   Operation of Schedule   4

    The amendment of these Regulations made by Schedule   4 to the Migration Amendment (2014 Measures No.   1) Regulation   2014 applies in relation to a person covered by a residence determination on or after 22   March 2014.

2703   Operation of Schedule   5

    The amendments of these Regulations made by Schedule   5 to the Migration Amendment (2014 Measures No.   1) Regulation   2014 apply in relation to:

  (a)   the following applications for a visa:

  (i)   an application made, but not finally determined, before 22   March 2014;

  (ii)   an application made on or after 22   March 2014; and

  (b)   the following nominations by an approved sponsor under section   140GB of the Act:

  (i)   a nomination made, but not finally determined, before 22   March 2014;

  (ii)   a nomination made on or after 22   March 2014.

Part   28 -- Amendments made by the igration Amendment (Redundant and Other Provisions) Regulation   2014

 

2801   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Parts   1, 3, 4, 5 and 7 of Schedule   1 to the Migration Amendment (Redundant and Other Provisions) Regulation   2014 (the amending regulation ) apply in relation to an application for a visa made on or after 22   March 2014.

  (2)   Despite the repeal of provisions of these Regulations by Part   1, 3, 4, 5 or 7 of the amending regulation, those provisions, as in force immediately before those repeals, continue to apply in relation to an application for a visa if:

  (a)   the visa application is taken to have been made by a person before, on or after 22   March 2014 in accordance with regulation   2.08, 2.08A or 2.08B; and

  (b)   for an application taken to have been made in accordance with regulation   2.08--the non - citizen mentioned in paragraph   2.08(1)(a) applied for his or her visa before 22   March 2014; and

  (c)   for an application taken to have been made in accordance with regulation   2.08A or 2.08B--the original applicant mentioned in paragraph   2.08A(1)(a) or 2.08B(1)(a), as the case requires, applied for his or her visa before 22   March 2014.

  (3)   Despite the repeal of Division   2.7 of these Regulations by Part   1 of Schedule   1 to the amending regulation, that Division, as in force immediately before that repeal, continues to apply after 22   March 2014 to an assurance of support accepted by the Minister before 1   July 2004.

  (4)   The amendments of these Regulations made by Part   6 of Schedule   1 to the amending regulation apply in relation the following applications for a visa:

  (a)   an application made, but not finally determined, before 22   March 2014;

  (b)   an application made on or after 22   March 2014.

  (5)   If:

  (a)   an instrument is in force immediately before the commencement of Part   2 of Schedule   1 to the amending regulation; and

  (b)   the instrument was made (whether wholly or partly) under a provision amended by that Part;

then, the instrument has effect after that commencement as if it had been made under that provision as amended.

Part   29 -- Amendments made by the igration Amendment (Credit Card Surcharge) Regulation   2014

 

2901   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Credit Card Surcharge) Regulation   2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19   April 2014.

Part   31 -- Amendments made by the igration Legislation Amendment (2014 Measures No.   1) Regulation   2014

 

3101   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2014 Measures No.   1) Regulation   2014 apply in relation to a request under section   70 of the Act for evidence of a visa, made on or after 1   July 2014.

3102   Operation of Schedules   2 and 3

    The amendments of these Regulations made by Schedules   2 and 3 to the Migration Legislation Amendment (2014 Measures No.   1) Regulation   2014 apply in relation to an application for a visa made on or after 1   July 2014.

3103   Operation of Schedule   5

    The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment (2014 Measures No.   1) Regulation   2014 apply in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 1   July 2014;

  (b)   an application made on or after 1   July 2014.

3104   Operation of Schedule   7

    The amendments of these Regulations made by Schedule   7 to the Migration Legislation Amendment (2014 Measures No.   1) Regulation   2014 apply on and after 1   July 2014 in relation to an infringement notice served before, on or after that date.

Part   32 -- Amendments made by the igration Amendment (Credit Card Surcharge Additional Measures) Regulation   2014

 

3201   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation   2014 apply in relation to a payment of a fee or charge on or after 1   July 2014.

Part   33 -- Amendments made by the igration Amendment (Temporary Graduate Visas) Regulation   2014

 

3301   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Amendment (Temporary Graduate Visas) Regulation   2014 apply in relation to the following applications for a visa:

  (a)   an application made on or after 1   July 2014, but not finally determined before 6   October 2014;

  (b)   an application made on or after 6   October 2014.

Part   34 -- Amendments made by the igration Amendment (Bridging Visas) Regulation   2014

 

3401   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Amendment (Bridging Visas) Regulation   2014 apply in relation to a Bridging E (Class WE) visa:

  (a)   granted as a result of an application for the visa made on or after 6   October 2014; or

  (b)   granted by the Minister under subsection   195A(2) of the Act, or under regulation   2.25, on or after 6   October 2014.

Part   35 -- Amendments made by the igration Legislation Amendment (2014 Measures No.   2) Regulation   2014

 

3501   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to an application for a visa made on or after 23   November 2014.

3502   Operation of Schedules   2 and 3

    The amendments of these Regulations made by Schedules   2 and 3 to the Migration Legislation Amendment (2014 Measures No.   2) Regulation   2014 apply on and after 23   November 2014.

3503   Operation of Schedule   4

    The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to an application for a Student (Temporary) (Class TU) visa made on or after 23   November 2014.

3504   Operation of Schedule   5

    The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 23   November 2014;

  (b)   an application made on or after 23   November 2014.

3505   Operation of Schedule   7

    The amendments of these Regulations made by Schedule   7 to the Migration Legislation Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to an application for a student visa made on or after 23   November 2014.

Part   37 -- Amendments made by the igration Amendment (Subclass 050 Visas) Regulation   2014

 

3701   Operation of Part   1 of Schedule   1

  (1)   The amendment of these Regulations made by item   1 of Part   1 of Schedule   1 to the Migration Amendment (Subclass 050 Visas) Regulation   2014 applies in relation to an application for a Subclass 050 (Bridging (General)) visa made on or after 23   November 2014.

  (2)   The amendments of these Regulations made by items   2 and 3 of Part   1 of Schedule   1 to the Migration Amendment (Subclass 050 Visas) Regulation   2014 apply in relation to a Subclass 050 (Bridging (General)) visa granted under section   195A of the Act on or after 23   November 2014.

Part   38 -- Amendments made by the igration Amendment (2014 Measures No.   2) Regulation   2014

 

3801   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to the following invitations to a visa applicant given on or after 1   January 2015:

  (a)   an invitation, under subsection   56(2) of the Act, to give additional information;

  (b)   an invitation, under paragraph   57(2)(c) of the Act, to comment on information.

3802   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to the following applications for a Subclass 188 (Business Innovation and Investment (Provisional)) visa:

  (a)   an application made, but not finally determined, before 12   December 2014;

  (b)   an application made on or after 12   December 2014.

3803   Operation of Schedule   3

  (1)   The amendments of these Regulations made by items   1 to 3 of Schedule   3 to the Migration Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before the commencement of the items;

  (b)   an application made on or after the commencement of the items.

  (2)   The amendments of these Regulations made by items   4 to 12 and 16 to 21 of Schedule   3 to the Migration Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to a decision to grant or not to grant a visa, or to cancel a visa, made on or after the commencement of the items.

  (3)   The amendments of these Regulations made by items   13, 14 and 15 of Schedule   3 to the Migration Amendment (2014 Measures No.   2) Regulation   2014 apply in relation to a decision to cancel a visa made on or after the commencement of the items.

Part   39 -- Amendments made by the igration Amendment (Partner Visas) Regulation   2014

 

3901   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Amendment (Partner Visas) Regulation   2014 apply in relation to an application for a visa made on or after 1   January 2015.

Part   40 -- Amendments made by the igration Amendment (Resolving the Asylum Legacy Caseload) Regulation   2015

 

4001   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation   2015 apply in relation to the review of an RRT - reviewable decision made on or after the commencement of that Schedule in relation to an application for a protection visa made on or after 16   December 2014.

Part   41 -- Amendments made by the Migration Amendment (2015 Measures No.   1) Regulation   2015

 

4101   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 apply in relation to a special purpose visa taken to have been granted on or after 18   April 2015.

4102   Operation of Schedule   2

  (1)   The amendments of these Regulations made by items   1 to 10 of Schedule   2 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 apply in relation to the following applications for a visa:

  (a)   an application made on or after 1   July 2012, but not finally determined before 18   April 2015;

  (b)   an application made on or after 18   April 2015.

  (3)   The amendments of these Regulations made by items   11 to 14 of Schedule   2 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 apply in relation to an application for a visa made on or after 18   April 2015.

4103   Operation of Schedule   3

  (1)   The amendment of these Regulations made by item   1 of Schedule   3 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 applies in relation to a notice given on or after 18   April 2015.

  (2)   The amendment of these Regulations made by item   2 of Schedule   3 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 applies in relation to the following applications:

  (a)   an application for a visa made, but not finally determined, before 18   April 2015;

  (b)   an application for a visa made on or after 18   April 2015.

4104   Operation of Schedule   4

    The amendments of these Regulations made by Schedule   4 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 apply in relation to an event mentioned in regulation   2.84 that occurs on or after 18   April 2015.

4105   Operation of Schedule   5

    The amendment of these Regulations made by Schedule   5 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 applies in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 18   April 2015;

  (b)   an application made on or after 18   April 2015.

4106   Operation of Schedule   6

    The amendments of these Regulations made by Schedule   6 to the Migration Amendment (2015 Measures No.   1) Regulation   2015 apply in relation to an application for a visa made on or after 18   April 2015.

Part   42 -- Amendments made by the igration Amendment (Protection and Other Measures) Regulation   2015

 

4201   Operation of Schedule   1

    The amendment of these Regulations made by item   2 of Schedule   1 to the Migration Amendment (Protection and Other Measures) Regulation   2015 applies in relation to the following applications for protection visas:

  (a)   an application made, but not finally determined, before the commencement of that item;

  (b)   an application made on or after the commencement of that item.

Part   43 -- Amendments made by the igration Legislation Amendment (2015 Measures No.   2) Regulation   2015

 

4301   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2015 Measures No.   2) Regulation   2015 apply in relation to an application for a visa made on or after 1   July 2015.

4302   Operation of Schedule   5

    The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment (2015 Measures No.   2) Regulation   2015 apply in relation to an application for approval of a nomination of a position made on or after 1   July 2015.

4303   Operation of Schedule   7

    The amendments of these Regulations made by Schedule   7 to the Migration Legislation Amendment (2015 Measures No.   2) Regulation   2015 apply in relation to an application for a visa made on or after 1   July 2015.

4304   Operation of Schedule   9

    The amendment of these Regulations made by item   1 of Schedule   9 to the Migration Legislation Amendment (2015 Measures No.   2) Regulation   2015 does not affect the continuity of any instrument that is in force under subregulation   5.40(1) immediately before the commencement of the item.

Part   44 -- Amendments made by the igration Amendment (Investor Visas) Regulation   2015

 

4401   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Investor Visas) Regulation   2015 apply in relation to an application for a visa made on or after 1   July 2015.

Part   45 -- Amendments made by the igration Amendment (Visa Labels) Regulation   2015

 

4501   Operation of Schedule   1

    Despite the repeal of Division   2.4 of Part   2 of these Regulations by Schedule   1 to the Migration Amendment (Visa Labels) Regulation   2015 , that Division, as in force immediately before the repeal, continues to apply on and after 1   September 2015 in relation to a request made under section   70 of the Act for evidence of a visa if:

  (a)   the request was made before 1   September 2015; and

  (b)   the visa evidence charge for the request had been paid before 1   September 2015.

Part   46 -- Amendments made by the igration Amendment (Conversion of Protection Visa Applications) Regulation   2015

 

4601   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Conversion of Protection Visa Applications) Regulation   2015 (the amending regulation ) apply in relation to any pre - conversion application (within the meaning of subregulation   2.08F(1)) including, but not limited to, a pre - conversion application that is the subject of a proceeding in any court that has not been concluded immediately before the commencement of Schedule   1 to the amending regulation.

Part   47 -- Amendments made by the igration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation   2015

 

4701   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation   2015 apply in relation to an application for a visa made on or after the day that regulation commences.

Part   48 -- Amendments made by the igration Legislation Amendment (2015 Measures No.   3) Regulation   2015

 

4801   Operation of Schedules   1 to 4

    The amendments of these Regulations made by Schedules   1 to 4 to the Migration Legislation Amendment (2015 Measures No.   3) Regulation   2015 apply in relation to an application for a visa made on or after 21   November 2015.

Note:   Schedules   1 to 4 to the Migration Legislation Amendment (2015 Measures No.   3) Regulation   2015 commence on 21   November 2015.

4802   Operation of Schedule   5

  (1)   The amendments of these Regulations made by Schedule   5 to the Migration Legislation Amendment (2015 Measures No.   3) Regulation   2015 apply in relation to an application for a visa made on or after 1   December 2015.

  (2)   However, to the extent that the application relates to work carried out before 1   December 2015, paragraph   417.211(5)(c) of Schedule   2 (as amended by the amendments referred to in subclause   (1)) does not apply in relation to that work.

Note:   Schedule   5 to the Migration Legislation Amendment (2015 easures No.   3) Regulation   2015 commences on 1   December 2015.

4803   Operation of Schedule   6

    The amendments of these Regulations made by Schedule   6 to the Migration Legislation Amendment (2015 Measures No.   3) Regulation   2015 apply in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 21   November 2015;

  (b)   an application made on or after 21   November 2015.

Note:   Schedule   6 to the Migration Legislation Amendment (2015 easures No.   3) Regulation   2015 commences on 21   November 2015.

Part   49 -- Amendments made by the igration Amendment (Clarifying Subclass 457 Requirements) Regulation   2015

 

4901   Operation of amendments

  (1)   The amendment of these Regulations made by item   1 of Schedule   1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation   2015 applies in relation to an application for approval of a nomination made on or after the commencement of the item.

  (2)   The amendment of these Regulations made by item   2 of Schedule   1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation   2015 applies to a work agreement entered into on or after the commencement of the item.

  (3)   The amendments of these Regulations made by items   3 and 4 of Schedule   1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation   2015 apply in relation to a visa granted on or after the commencement of the items.

Part   50 -- Amendments made by the igration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014

 

5000   Operation of Divisions   1 and 3 of Part   4 of Schedule   2

    The amendments of these Regulations made by Divisions   1 and 3 of Part   4 of Schedule   2 to the Migration Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 apply in relation to:

  (a)   a visa application made on or after the commencement of Division   1 of that Part; and

  (b)   a visa application that is taken to be, and always to have been, a valid application for a Temporary Protection (Class XD) visa by the operation of paragraph   2.08F(1)(b) of these Regulations (as inserted by Division   2 of that Part).

Note:   Regulation   2.08F applies, by its own terms, in relation to some protection visa applications made before the commencement of that Part.

Part   51 -- Amendments made by the igration Amendment (Charging for a Migration Outcome and Other Measures) Regulation   2015

 

5101   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   9 and 11 to 14 of Schedule   1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation   2015 apply in relation to a nomination made after the commencement of those items.

  (2)   The amendment of these Regulations made by item   15 of Schedule   1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation   2015 applies in relation to an application for approval of a nomination made after the commencement of that item.

  (3)   The amendments of these Regulations made by items   21 to 27 of Schedule   1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation   2015 apply in relation to an application for a visa made after the commencement of those items.

  (4)   The amendments of these Regulations made by items   28, 29, 31 to 35, 37 to 39, 41, 42, 44 to 47 and 49 to 51 of Schedule   1 to the Migration Amendment (Charging for a Migration Outcome and Other easures) Regulation   2015 apply in relation to:

  (a)   an application for a visa made, but not finally determined, before the commencement of those items; and

  (b)   an application for a visa made after the commencement of those items.

Part   52 -- Amendments made by the igration Legislation Amendment (2015 Measures No.   4) Regulation   2015

 

5201   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Legislation Amendment (2015 Measures No.   4) Regulation   2015 apply in relation to an application for a visa made on or after 14   December 2015.

  (2)   The amendment of these Regulations made by Part   2 of Schedule   1 to the Migration Legislation Amendment (2015 Measures No.   4) Regulation   2015 applies in relation to:

  (a)   a decision (a remittal decision ) by the Immigration Assessment Authority to remit a fast track reviewable decision for reconsideration, if the remittal decision is made on or after 14   December 2015; and

  (b)   a fast track reviewable decision that is the subject of a remittal decision, whether the fast track reviewable decision is made before, on or after 14   December 2015.

  (3)   The amendments of these Regulations made by Part   3 of Schedule   1 to the Migration Legislation Amendment (2015 Measures No.   4) Regulation   2015 apply in relation to an application for a visa made on or after 14   December 2015.

Note:   Schedule   1 to the Migration Legislation Amendment (2015 easures No.   4) Regulation   2015 commences on 14   December 2015.

5202   Operation of Schedule   2

Personal identifier required before 16   February 2016

  (1)   Subitem   (2) applies if:

  (a)   before 16   February 2016, a person was required to provide a personal identifier under:

  (i)   section   46, 166, 170, 175 or 188 of the Act; or

  (ii)   regulation   2.04; and

  (b)   immediately before 16   February 2016, both of the following apply:

  (i)   the person had not complied with the requirement;

  (ii)   the period for complying with the requirement had not ended.

  (2)   Despite the amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment (2015 Measures No.   4) Regulation   2015 , these Regulations continue to apply in relation to the requirement as if those amendments had not been made.

Visa application made (but not finally determined) before 16   February 2016, but personal identifier not required

  (3)   The amendment of these Regulations made by item   1 of Schedule   2 to the Migration Legislation Amendment (2015 Measures No.   4) Regulation   2015 applies, subject to subitem   (2), to the following applications for visas:

  (a)   an application made, but not finally determined, before 16   February 2016;

  (b)   an application made on or after 16   February 2016.

Note:   Schedule   2 to the Migration Legislation Amendment (2015 easures No.   4) Regulation   2015 commences on 16   February 2016.

Part   53 -- Amendments made by the igration Amendment (Priority Consideration of Certain Visa Applications) Regulation   2016

 

5301   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation   2016 apply in relation to an application for a visa made on or after 15   March 2016.

Note:   Schedule   1 to the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation   2016 commences on 15   March 2016.

Part   54 -- Amendments made by the igration Legislation Amendment (2016 Measures No.   1) Regulation   2016

 

5401   Operation of Schedule   1

  (1)   The amendment of these Regulations made by item   1 of Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 applies on and after 19   April 2016.

  (2)   The amendments of these Regulations made by items   2 and 3 of Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 apply in relation to:

  (a)   an application for approval of a sponsor:

  (i)   made, but not finally determined, before 19   April 2016; or

  (ii)   made on or after 19   April 2016; and

  (b)   an application for the variation of the terms of an approval of a sponsor:

  (i)   made, but not finally determined, before 19   April 2016; or

  (ii)   made on or after 19   April 2016.

  (3)   The amendment of these Regulations made by item   4 of Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 applies in relation to discriminatory recruitment practices engaged in on or after 19   April 2016 by a standard business sponsor or a former standard business sponsor.

Note:   Schedule   1 to the Migration Legislation Amendment (2016 easures No.   1) Regulation   2016 commences on 19   April 2016.

5402   Operation of Schedule   2

  (1)   The amendment of these Regulations made by item   1 of Schedule   2 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 applies in relation to an application for a visa made on or after 19   April 2016.

  (2)   The amendments of these Regulations made by items   2 to 4 of Schedule   2 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 apply in relation to the following:

  (a)   an application for a visa made, but not finally determined, before 19   April 2016;

  (b)   an application for a visa made on or after 19   April 2016.

Note:   Schedule   2 to the Migration Legislation Amendment (2016 easures No.   1) Regulation   2016 commences on 19   April 2016.

5403   Operation of Schedule   3

    The amendment of these Regulations made by item   1 of Schedule   3 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 applies in relation to the following applications for a visa:

  (a)   an application made, but not finally determined, before 19   April 2016;

  (b)   an application made on or after 19   April 2016.

Note:   Schedule   3 to the Migration Legislation Amendment (2016 easures No.   1) Regulation   2016 commences on 19   April 2016.

5404   Operation of Schedule   4

  (1)   The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 (other than items   44, 48 and 49 of that Schedule) apply in relation to an application for a visa made on or after 1   July 2016.

  (2)   The amendments of these Regulations made by items   44, 48 and 49 of Schedule   4 to the Migration Legislation Amendment (2016 Measures No.   1) Regulation   2016 apply in relation to a visa granted before, on or after 1   July 2016.

Note:   Schedule   4 to the Migration Legislation Amendment (2016 easures No.   1) Regulation   2016 commences on 1   July 2016.

Part   55 -- Amendments made by the igration Legislation Amendment (2016 Measures No.   3) Regulation   2016

 

5501   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   3) Regulation   2016 apply to the making of applications for Return (Residence) (Class BB) visas on or after 10   September 2016.

5502   Operation of Schedules   2 and 3

    The amendments of these Regulations made by Schedules   2 and 3 to the Migration Legislation Amendment (2016 Measures No.   3) Regulation   2016 apply in relation to payment of fees and charges on or after 10   September 2016.

5503   Operation of Schedule   4

    The amendment of these Regulations made by Schedule   4 to the Migration Legislation Amendment (2016 Measures No.   3) Regulation   2016 applies to non - citizens born before, on or after 10   September 2016.

5504   Operation of Schedule   6

    The amendments of these Regulations made by Schedule   6 to the Migration Legislation Amendment (2016 Measures No.   3) Regulation   2016 apply in relation to an application for any of the following visas made on or after 18   November 2016:

  (a)   a Prospective Marriage (Temporary) (Class TO) visa;

  (b)   a Partner (Provisional) (Class UF) visa;

  (c)   a Partner (Temporary) (Class UK) visa.

Note:   Schedule   6 to the Migration Legislation Amendment (2016 easures No.   3) Regulation   2016 commences on 18   November 2016.

Part   56 -- Amendments made by the igration Amendment (Entrepreneur Visas and Other Measures) Regulation   2016

 

5601   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation   2016 apply in relation to an application for a visa made on or after 10   September 2016.

Note:   Schedule   1 to the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation   2016 commences on 10   September 2016.

Part   57 -- Amendments made by the igration Legislation Amendment (2016 Measures No.   4) Regulation   2016

 

5701   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   4) Regulation   2016 apply to a visa granted on or after 19   November 2016.

5702   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment (2016 Measures No.   4) Regulation   2016 apply in relation to an application for a visa made on or after 19   November 2016.

5703   Operation of Schedule   3

    The amendments of these Regulations made by Schedule   3 to the Migration Legislation Amendment (2016 Measures No.   4) Regulation   2016 apply to the provision of information in connection with an identification test carried out on or after 19   November 2016.

5704   Operation of Schedule   4

  (1)   The amendments of these Regulations made by Schedule   4 to the Migration Legislation Amendment (2016 Measures No.   4) Regulation   2016 apply in relation to:

  (a)   an application for a visa made on or after 19   November 2016; or

  (b)   a visa granted as a result of such an application.

  (2)   To avoid doubt, despite the amendment of subparagraph   3.01(2)(e)(ii), regulation   3.01 (as amended) does not apply to a person who:

  (a)   enters Australia on a non - military ship; and

  (b)   holds a Subclass 988 (Maritime Crew) visa that was granted (before, on or after 19   November 2016):

  (i)   as a result of an application made before 19   November 2016; and

  (ii)   on the basis that the person was a dependent child of a member of the crew of that non - military ship.

  (3)   Despite subclause   (1), the amendment of subparagraph   457.511(d)(iv) of Schedule   2 applies to a visa granted to a person on or after 19   November 2016, whether it was granted:

  (a)   on the basis that he or she was a member of the family unit of the holder of a visa in the circumstances described in subregulation   1.12(10) (as in force before 19   November 2016); or

  (b)   as a result of an application made on or after 19   November 2016.

Part   58 -- Amendments made by the igration Legislation Amendment (2016 Measures No.   5) Regulation   2016

 

5801   Operation of Schedule   1

  (1)   The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   5) Regulation   2016 apply in relation to an application for a visa made on or after 19   November 2016.

  (2)   To avoid doubt, an instrument in force under subregulation   2.07(5) immediately before 19   November 2016 continues in force on and after that day regardless of the amendments of that subregulation   made by Schedule   1 to the Migration Legislation Amendment (2016 Measures No.   5) Regulation   2016 .

5802   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment (2016 Measures No.   5) Regulation   2016 apply in relation to a bridging visa granted on or after 19   November 2016.

Part   59 -- Amendments made by the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016

 

5901   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016 apply in relation to an application for a visa made on or after the commencement of that Schedule.

Part   60 -- Amendments made by the igration Amendment (Temporary Activity Visas) Regulation   2016

 

6001   Operation of Parts   3 and 4 of Schedule   1

    The amendments of these Regulations made by Parts   3 and 4 of Schedule   1 to the Migration Amendment (Temporary Activity Visas) Regulation   2016 apply in relation to an application for a visa made on or after 19   November 2016.

Note:   Parts   3 and 4 of Schedule   1 to the Migration Amendment (Temporary Activity Visas) Regulation   2016 commence on 19   November 2016.

6002   Operation of Parts   5 and 6 of Schedule   1

  (1)   The amendments of these Regulations made by Parts   5 and 6 of Schedule   1 to the Migration Amendment (Temporary Activity Visas) Regulation   2016 apply in relation to the following:

  (a)   an application for a visa made on or after 19   November 2016;

  (b)   an application for approval as a sponsor made on or after 19   November 2016;

  (c)   an application for a variation of a term of an approval as a sponsor made on or after 19   November 2016;

  (d)   a nomination made under subsection   140GB(1) of the Act on or after 19   November 2016, including such a nomination made:

  (i)   by an approved sponsor that was approved as a sponsor as a result of an application for approval made before, on or after 19   November 2016; or

  (ii)   in relation to an application for a visa made before, on or after 19   November 2016.

  (2)   If:

  (a)   before 19   November 2016, a person applies for approval in relation to any of the following classes of sponsor:

  (i)   a long stay activity sponsor;

  (ii)   a training and research sponsor;

  (iii)   a special program sponsor;

  (iv)   an entertainment sponsor;

  (v)   a superyacht crew sponsor;

  (vi)   a professional development sponsor; and

  (b)   the Minister has not approved, or refused to approve, the person as a sponsor in relation to that class of sponsor; and

  (c)   after 18   May 2017, the person gives the Minister a written notice withdrawing the application;

the application is taken to be withdrawn, and the Minister may refund the fee paid in accordance with regulation   2.61 in relation to the application.

  (3)   If:

  (a)   before 19   November 2016, an approved sponsor makes a nomination under subsection   140GB(1) of the Act identifying a proposed applicant for:

  (i)   a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

  (ii)   a Subclass 402 (Training and Research) visa; or

  (iii)   a Subclass 420 (Temporary Work (Entertainment)) visa; and

  (b)   the proposed applicant does not apply for the visa before 19   November 2016; and

  (c)   the Minister has not approved, or refused to approve, the nomination; and

  (d)   the approved sponsor gives the Minister a written notice withdrawing the nomination;

the nomination is taken to be withdrawn, and the Minister may refund the fee paid in accordance with regulation   2.73A in relation to the nomination.

Note:   Parts   5 and 6 of Schedule   1 to the Migration Amendment (Temporary Activity Visas) Regulation   2016 commence on 19   November 2016.

Part   61 -- Amendments made by the igration Amendment (Working Holiday Maker Visa Application Charges) Regulations   2017

 

6101   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations   2017 apply in relation to an application for a visa made on or after the commencement of that Schedule.

Part   62 -- Amendments made by the igration Legislation Amendment (2017 Measures No.   1) Regulations   2017

 

6201   Operation of Schedule   1

  (1)   The amendments of item   1216 of Schedule   1 to these Regulations made by Schedule   1 to the Migration Legislation Amendment (2017 Measures No.   1) Regulations   2017 apply in relation to the following:

  (a)   an application for a visa which, in accordance with subregulation   (2), is taken to have been made before 18   April 2017;

  (b)   an application for a visa made on or after 18   April 2017.

  (2)   If:

  (a)   before 18   April 2017, an applicant (the child ) made or purported to make an application for a visa on the basis that clause   159.311 of Schedule   2 is satisfied in relation to another applicant whose application was covered by paragraph   1216(3A)(a) or (b) of Schedule   1; and

  (b)   clause   159.311 of Schedule   2 would not be satisfied only because the child's application could not be combined with the application made by the other applicant as referred to in paragraph   1216(3B)(c) as in force at the time the child's application was made or purportedly made; and

  (c)   had the child's application been made on 18   April 2017, it could have been combined with the application made by the other applicant as referred to in paragraph   1216(3B)(ca) as inserted by Schedule   1 to the Migration Legislation Amendment (2017 Measures No.   1) Regulations   2017 ;

the child's application is taken to have been made at the same time and place as, and combined with, the application made by the other applicant.

6202   Operation of Schedule   2

  (1)   The amendments of clauses   785.511 and 790.511 of Schedule   2 to these Regulations made by Schedule   2 to the Migration Legislation Amendment (2017 Measures No.   1) Regulations   2017 apply in relation to visas granted before, on or after 18   April 2017.

  (2)   Other amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment (2017 Measures No.   1) Regulations   2017 apply in relation to the following:

  (a)   an application for a visa made before, but not finally determined by, 18   April 2017;

  (b)   an application for a visa made on or after 18   April 2017.

Part   63 -- Amendments made by Migration Legislation Amendment (2017 Measures No.   2) Regulations   2017

 

6301   Amendments relating to Subclass 189 (Skilled--Independent) visas

  (1)   The amendments to these Regulations made by Schedule   1 to the Migration Legislation Amendment (2017 Measures No.   2) Regulations   2017 apply in relation to an application for a Subclass 189 (Skilled--Independent) visa made on or after 1   July 2017, subject to subclause   (2).

Note:   Schedule   1 to the Migration Legislation Amendment (2017 easures No.   2) Regulations   2017 commences on 1   July 2017.

  (2)   However, the amendments do not apply in relation to an application for a Subclass 189 (Skilled--Independent) visa, if:

  (a)   both:

  (i)   the application is made in response to an invitation given by the Minister before 1   July 2017; and

  (ii)   the application is made on or after 1   July 2017; or

  (b)   both:

  (i)   the applicant claims to be a member of the family unit of an applicant (the primary applicant ) to whom paragraph   (a) applies; and

  (ii)   the application is combined with the application made by the primary applicant.

6302   Operation of Schedule   2

    The amendments made by Schedule   2 to the Migration Legislation Amendment (2017 Measures No.   2) Regulations   2017 apply in relation to departures from Australia occurring on or after 1   July 2017.

Part   64 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2017

 

6401   Operation of amendments

  (1)   The amendments of these Regulations made by the Migration Amendment (Visa Application Charges) Regulations   2017 apply in relation to applications for visas made on or after 1   July 2017.

  (2)   To avoid doubt, subclause   (1) applies despite clause   6301 of this Schedule.

Part   65 -- Amendments made by the igration Legislation Amendment (2017 Measures No.   3) Regulations   2017

 

6501   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to:

  (a)   an application for a visa made, but not finally determined, before 1   July 2017; and

  (b)   an application for a visa made on or after 1   July 2017.

6502   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to cancellation of a visa on or after 1   July 2017, whether the visa was granted before, on or after that day.

6503   Operation of Schedule   3

    The amendments of these Regulations made by Schedule   3 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a Medical Treatment (Visitor) (Class UB) visa made on or after 1   July 2017.

6504   Operation of Schedule   5

  (1)   The amendments of regulation   1.03 and paragraphs 461.212(2)(a) and (b) of Schedule   2 made by Schedule   5 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a visa made on or after 1   July 2017.

  (2)   The amendments of regulation   2.16 made by Schedule   5 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to the grant of a visa on or after 1   July 2017.

6505   Operation of Schedule   6

Employer nominations

  (1)   The amendments of these Regulations made by Part   1 of Schedule   6 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for the approval of a nomination, if the application is made on or after 1   July 2017.

Nominated and sponsored skilled visas

  (2)   Subject to subclause   (3), the amendments of these Regulations made by Part   2 of Schedule   6 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a visa made on or after 1   July 2017.

  (3)   However, the amendments of subitems   1138(4) and 1230(4) of Schedule   1 to these Regulations made by that Part do not apply in relation to an application for a visa if:

  (a)   both:

  (i)   the application is made in response to an invitation given by the Minister before 1   July 2017; and

  (ii)   the application is made on or after 1   July 2017; or

  (b)   both:

  (i)   the applicant claims to be a member of the family unit of an applicant (the primary applicant ) to whom paragraph   (a) applies; and

  (ii)   the application is combined with the application made by the primary applicant.

Refunds

  (4)   The amendments of these Regulations made by Part   3 of Schedule   6 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to withdrawing a visa application on or after 1   July 2017, whether the visa application was made before, on or after 1   July 2017.

6506   Operation of Schedule   8

  (1)   The amendments of these Regulations made by items   1 and 2 of Schedule   8 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a visa made on or after 1   July 2017.

  (2)   The amendment of these Regulations made by item   3 of Schedule   8 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 applies in relation to an application for a visa made on or after 1   July 2017, whether the relevant employment or study occurred before, on or after 1   July 2017.

6507   Operation of Schedule   9

    The amendments of these Regulations made by Schedule   9 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a visa made on or after 1   July 2017.

6508   Operation of Schedule   11

    The amendments of these Regulations made by Schedule   11 to the Migration Legislation Amendment (2017 Measures No.   3) Regulations   2017 apply in relation to an application for a visa made on or after 1   July 2017.

Part   66 -- Amendments made by the igration Amendment (Specification of Occupations) Regulations   2017

 

6601   Application of instruments made for purposes of paragraph   2.72(10)(aa)

  (1)   This clause applies to an instrument made:

  (a)   for the purposes of paragraph   2.72(10)(aa) of these Regulations as amended by Schedule   1 to the Migration Amendment (Specification of Occupations) Regulations   2017 ; and

  (b)   after the Migration Amendment (Specification of Occupations) Regulations   2017 are made.

  (2)   The instrument may be expressed to apply in relation to nominations of occupations:

  (a)   made on or after the day the instrument commences; or

  (b)   made and not finally determined before the day the instrument commences;

regardless of whether, for a nomination in relation to an applicant for a visa, the application was made before, on or after that day.

  (3)   If the instrument is expressed to apply in that way, the instrument has effect accordingly.

Part   67 -- Amendments made by the igration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations   2018

 

6701   Definitions

    In this Part:

"amending regulations" means the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations   2018 .

"commencement day" means 18   March 2018.

6702   Application provisions in relation to visa applications

  (1)   The amendments of regulations   1.12, 2.06AAB and 2.25A made by the amending regulations apply in relation to an application for a visa made on or after the commencement day.

  (2)   Despite the repeal of the following provisions by the amending regulations, those provisions (including any instruments made under them), as in force immediately before the commencement of Schedule   1 to the amending regulations, continue to apply in relation to an application for a visa made before the commencement day:

  (a)   the definition of base rate of pay in regulation   2.57;

  (b)   item   1223A of Schedule   1;

  (c)   Part   457 of Schedule   2;

  (d)   clause   4006A of Schedule   4.

  (3)   These Regulations and the provisions mentioned in subclause   (2) (including any instruments made under them) apply on and after the commencement day as if section   8 of the Migration (IMMI 17/057: English Language Requirements for Subclass 457 visas) Instrument 2017 specified "Total band score 35" as the minimum band score for the TOEFL iBT English test.

6703   Application provision in relation to adverse information and adverse supporter information

    Despite the amendments of regulations   1.13A and 1.13B and clause   408.112 of Schedule   2 made by the amending regulations, those provisions, as in force immediately before the commencement of Schedule   1 to the amending regulations, continue to apply in relation to any of the following made before the commencement day:

  (a)   an application for approval as a standard business sponsor or temporary activities sponsor;

  (b)   a nomination under subsection   140GB(1) of the Act;

  (c)   an application under regulation   5.19;

  (d)   an application for a visa.

6704   Application and transitional provisions in relation to amendments of Part   2A

  (1)   The amendments of Divisions   2.13 and 2.14 made by the amending regulations apply in relation to an application for approval as a standard business sponsor or temporary activities sponsor made on or after the commencement day.

  (2)   Paragraphs 2.59(d), (e), (i) and (j) do not apply in relation to an application for approval as a standard business sponsor made, but not finally determined, before the commencement day.

  (3)   The amendments of Division   2.15 made by the amending regulations apply in relation to an approval as a standard business sponsor, temporary activities sponsor or temporary work sponsor if the application for the approval was made on or after the commencement day.

  (4)   The amendments of Division   2.16 made by the amending regulations apply in relation to an application made on or after the commencement day for a variation of a term of an approval.

  (5)   Paragraphs 2.68(e), (f), (j) and (k) do not apply in relation to an application made, but not finally determined, before the commencement day for a variation of a term of an approval as a standard business sponsor.

  (6)   Despite:

  (a)   the repeal of the definition of base rate of pay in subregulation   2.57(1); and

  (b)   the amendments of regulation   2.72;

by the amending regulations, those provisions (including any instruments made under them), as in force immediately before the commencement of Schedule   1 to the amending regulations, continue to apply in relation to a nomination of an occupation made before the commencement day in relation to:

  (c)   a holder of a Subclass 457 (Temporary Work (Skilled)) visa; or

  (d)   an applicant or a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa, if the applicant or proposed applicant applied for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day.

  (7)   Despite the amendments of regulation   2.73 made by the amending regulations, that regulation (including any instruments made under it), as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply in relation to a nomination made before the commencement day of an occupation in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Temporary Work (Skilled)) visa.

  (8)   Regulation   2.73AA, as inserted by the amending regulations, applies in relation to a nomination made on or after the commencement day.

  (9)   The Minister may refund the fee paid in relation to a nomination made before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if:

  (a)   the nomination is approved under section   140GB of the Act before the commencement day; and

  (b)   the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day; and

  (c)   the Minister:

  (i)   receives a written request for a refund from the person who paid the fee; or

  (ii)   considers it is reasonable in the circumstances to refund the amount to the person who paid the fee without receiving a written request for a refund.

  (10)   The Minister may refund the fee paid in relation to a nomination made, but not finally determined, before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day.

  (11)   A refund under subclause   (9) or (10) must be paid to the person who paid the fee.

  (12)   A refund under subclause   (9) or (10) may be paid:

  (a)   in Australian currency; or

  (b)   if the amount of the fee in respect of which the refund is being paid was paid in another currency, in that other currency.

  (13)   The amendments of regulation   2.74 made by the amending regulations apply in relation to a nomination made on or after the commencement day.

  (14)   Despite the amendments of regulation   2.75 made by the amending regulations, that regulation, as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply in relation to a nomination made before the commencement day.

  (15)   However, paragraph   2.75(2)(b) does not apply in relation to a nomination made before the commencement day if:

  (a)   before the commencement day, the person identified in the nomination applied for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination; and

  (b)   within 12 months after the day on which the nomination is approved, the person applies to the Tribunal for review of a decision to refuse to grant the visa.

  (16)   Despite the repeal of subregulation   4.02(4C) by the amending regulations, that subregulation, as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply, on and after the commencement day, in relation to a decision under subsection   140GA(2) of the Act not to vary a term specified in an approval, if the application for the variation was made before the commencement day, as if the reference in that subregulation   to the criteria in paragraphs 2.68(e) and (f) were a reference to the criterion in paragraph   2.68(g).

6705   Application provisions in relation to nominations under regulation   5.19

  (1)   Despite the amendments of regulation   5.19 made by the amending regulations, that regulation (including any instruments made under it), as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply in relation to an application for approval of the nomination of a position made before the commencement day.

  (2)   Despite the amendments of paragraph   1114B(3)(d) of Schedule   1 made by the amending regulations, that paragraph, as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply in relation to a position nominated, before the commencement day, in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.

  (3)   Despite the amendments of clauses   186.223, 186.233, 187.223 and 187.233 of Schedule   2 made by the amending regulations, those clauses, as in force immediately before the commencement of Schedule   1 to the amending regulations, continue to apply in relation to a position nominated in an application made under regulation   5.19 before the commencement day.

  (4)   Despite the amendments of clause   186.242 of Schedule   2 made by the amending regulations, that clause, as in force immediately before the commencement of Schedule   1 to the amending regulations, continues to apply in relation to a position nominated, before the commencement day, in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.

  (5)   Despite the amendments of clauses   186.221, 186.241, 186.243, 187.221 and 187.234 of Schedule   2 made by the amending regulations, those clauses, as in force immediately before the commencement of Schedule   1 to the amending regulations, continue to apply in relation to a visa application made before the commencement day.

  (6)   Clauses   186.225 and 187.225 of Schedule   2, as inserted by the amending regulations, apply in relation to a visa application made on or after the commencement day.

Part   68 -- Amendments made by the igration Legislation Amendment (2018 Measures No.   1) Regulations   2018

 

6801   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Legislation Amendment (2018 Measures No.   1) Regulations   2018 apply in relation to an application for a visa made on or after 13   April 2018.

6802   Operation of Schedule   2

    The amendment of regulation   2.06AAB made by Schedule   2 to the Migration Legislation Amendment (2018 Measures No.   1) Regulations   2018 applies in relation to an application for a visa made on or after 13   April 2018.

Part   69 -- Amendments made by the igration Amendment (Offshore Resources Activity) Regulations   2018

 

6901   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Offshore Resources Activity) Regulations   2018 apply in relation to maritime crew visas granted before, on or after the commencement of that Schedule.

Part   70 -- Amendments made by the igration Amendment (Investor Retirement Visa) Regulations   2018

 

7001   Operation of Schedule   1

    The amendment of these Regulations made by Schedule   1 to the Migration Amendment (Investor Retirement Visa) Regulations   2018 applies in relation to a visa application made on or after 1   June 2018.

Part   71 -- Amendments made by the Home Affairs Legislation Amendment (2018 Measures No.   1) Regulations   2018

 

7101   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Home Affairs Legislation Amendment (2018 Measures No.   1) Regulations   2018 apply in relation to an application for a visa made on or after 1   July 2018.

7102   Operation of Schedule   2

    The amendment of these Regulations made by Schedule   2 to the Home Affairs Legislation Amendment (2018 Measures No.   1) Regulations   2018 applies in relation to an application for a visa made on or after 1   July 2018 in response to an invitation given by the Minister on or after that day.

Part   72 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2018

 

7201   Operation of amendments

    The amendments of these Regulations made by the Migration Amendment (Visa Application Charges) Regulations   2018 apply in relation to visa applications made on or after 1   July 2018.

Part   73 -- Amendments made by the igration Amendment (Pacific Labour Scheme) Regulations   2018

 

7301   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Pacific Labour Scheme) Regulations   2018 apply in relation to visa applications made on or after 1   July 2018.

Part   74 -- Amendments made by the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations   2018

 

7401   Operation of Schedule   1

    The amendments of regulations   4.13 and 4.31B made by Schedule   1 to the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations   2018 apply in relation to an application for review made on or after 1   July 2018.

Part   75 -- Amendments made by the igration Amendment (Machinery of Government) Regulations   2018

 

7501   Operation of Schedule   1

  (1)   The amendment of these Regulations made by item   6 of Schedule   1 to the Migration Amendment (Machinery of Government) Regulations   2018 applies in relation to visa applications made on or after 5   August 2018.

  (2)   The amendments of these Regulations made by items   7 and 8 of Schedule   1 to the Migration Amendment (Machinery of Government) Regulations   2018 apply in relation to:

  (a)   visa applications made, but not finally determined, before 5   August 2018; and

  (b)   visa applications made on or after 5   August 2018.

Part   76 -- Amendments made by the igration Amendment (Skilling Australians Fund) Regulations   2018

 

7601   Definitions

    In this Part:

"amending regulations" means the Migration Amendment (Skilling Australians Fund) Regulations   2018 .

"commencement day" means 12   August 2018.

7602   Operation of amendments

  (1)   Subregulation   2.72(10A), as inserted by the amending regulations, applies in relation to a nomination made on or after 18   March 2018 that is not finally determined before the commencement day.

  (2)   The amendments of subregulation   2.72(16) made by the amending regulations apply in relation to a nomination made on or after 18   March 2018 that is not finally determined before the commencement day.

  (3)   The amendments of regulation   2.73AA made by the amending regulations apply in relation to a nomination made on or after the commencement day.

  (4)   The amendments of regulation   2.75 made by the amending regulations apply in relation to a nomination made on or after 18   March 2018.

  (5)   A person is not required to comply with subregulation   2.87B(2) or (3) in relation to a period of 12 months ending on or after the commencement day.

  (6)   Despite the repeal of paragraphs 5.19(5)(i) and 5.19(10)(c) by the amending regulations, those paragraphs, as in force immediately before the commencement day, continue to apply in relation to an application for approval of a nomination made before the commencement day.

  (7)   Regulation   5.37A, as inserted by the amending regulations, applies in relation to a nomination the application for approval of which is made on or after the commencement day.

Part   78 -- Amendments made by the igration Amendment (Pathway to Permanent Residence for Retirees) Regulations   2018

 

7801   Operation of Schedule   1

    The amendments of these Regulations made by items   1 to 76 of Schedule   1 to the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations   2018 apply in relation to visa applications made on or after 17   November 2018.

Part   80 -- Amendments made by the igration Amendment (Enhanced Integrity) Regulations   2018

 

8001   Operation of Part   2 of Schedule   1

    The amendments of these Regulations made by Part   2 of Schedule   1 to the Migration Amendment (Enhanced Integrity) Regulations   2018 apply in relation to decisions made after that Part   commences.

Part   81 -- Amendments made by the igration Amendment (New Skilled Regional Visas) Regulations   2019

 

8101   Transitional provisions in relation to Subclass 187 (Regional Sponsored Migration Scheme) visa

  (1)   This clause applies in relation to a nomination under regulation   5.19 if:

  (a)   the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa; and

  (b)   the person identified in the nomination:

  (i)   did not apply for a Subclass 187 (Regional Sponsored Migration Scheme) visa on the basis of the nomination on or before 16   November 2019; and

  (ii)   if the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream--is not a transitional 457 worker, or transitional 482 worker, on 16   November 2019.

Applications for approval of nominations that are not decided before 16   November 2019

  (2)   An application for approval of the nomination is taken to be withdrawn on 16   November 2019 if:

  (a)   the Minister did not approve, and did not refuse to approve, the nomination under subregulation   5.19(3) on or before 15   November 2019; and

  (b)   the application was not withdrawn on or before 15   November 2019.

Refund of nomination training contribution charge

  (3)   The Minister must refund any nomination training contribution charge mentioned in paragraph   5.19(2)(fa) paid in relation to the nomination if:

  (a)   either:

  (i)   the application for approval of the nomination is taken to be withdrawn under subclause   (2) of this clause; or

  (ii)   the Minister refused to approve the nomination under subregulation   5.19(3)(b), and on 16   November 2019 the application for approval is not finally determined; and

  (b)   the Minister:

  (i)   receives a written request for a refund from the person who paid the charge; or

  (ii)   considers it is reasonable in the circumstances to refund the charge to the person who paid the charge without receiving a written request for a refund.

  (4)   The Minister may refund any nomination training contribution charge mentioned in paragraph   5.19(2)(fa) paid in relation to the nomination if:

  (a)   the Minister approved the nomination under paragraph   5.19(3)(a) on or before 15   November 2019; and

  (b)   the Minister:

  (i)   receives a written request for a refund from the person who paid the charge; or

  (ii)   considers it is reasonable in the circumstances to refund the charge to the person who paid the amount without receiving a written request for a refund.

  (5)   A refund under subclause   (3) or (4) must be paid to the person who paid the charge.

Part   82 -- Amendments made by the igration Amendment (Chest X - ray Requirements) Regulations   2019

 

8201   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Chest X - ray Requirements) Regulations   2019 apply in relation to:

  (a)   applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made, but not finally determined, before 2   March 2019; and

  (b)   applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made on or after 2   March 2019.

Part   84 -- Amendments made by the igration Amendment (Working Holiday Maker) Regulations   2019

 

8401   Operation of Schedule   1

    The amendments of these Regulations made by items   1 to 16 of Schedule   1 to the Migration Amendment (Working Holiday Maker) Regulations   2019 apply in relation to visa applications made on or after 1   July 2019.

Part   85 -- Amendments made by the igration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations   2019

 

8501   Definitions

    In this Part:

"amending regulations" means the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations   2019 .

"commencement day" means the day Schedule   3 to the amending regulations commences.

8502   Operation of Schedule   3

  (1)   Subject to subclauses   (2) and (3), the amendments of these Regulations made by Schedule   3 to the amending regulations apply in relation to the following:

  (a)   a visa application made on or after the commencement day;

  (b)   a visa granted on or after the commencement day if the application for the visa was made on or after the commencement day.

  (2)   If:

  (a)   an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and

  (b)   the applicant is seeking to satisfy the primary criteria for the grant of the visa; and

  (c)   either:

  (i)   the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or

  (ii)   the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;

then, despite the amendment of paragraph   405.228(5)(a) of Schedule   2 to these Regulations made by item   5 of Schedule   3 to the amending regulations, that paragraph, as in force immediately before the commencement day, continues to apply in relation to the application.

  (3)   If:

  (a)   an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and

  (b)   the applicant is seeking to satisfy the secondary criteria for the grant of the visa; and

  (c)   either:

  (i)   the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or

  (ii)   the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;

then, despite the amendment of subclause   405.330(2) of Schedule   2 to these Regulations made by item   6 of Schedule   3 to the amending regulations, that subclause, as in force immediately before the commencement day, continues to apply in relation to the application.

Part   86 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2019

 

8601   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Division   1 of Part   1 of Schedule   1 to the Migration Amendment (Visa Application Charges) Regulations   2019 apply in relation to visa applications made on or after 1   July 2019.

8602   Operation of Part   2 of Schedule   1

    The amendments of these Regulations made by Division   1 of Part   2 of Schedule   1 to the Migration Amendment (Visa Application Charges) Regulations   2019 apply in relation to visa applications made on or after 16   November 2019.

Part   87 -- Amendments made by the Home Affairs Legislation Amendment (2019 Measures No.   1) Regulations   2019

 

8701   Operation of Schedule   2

    The amendments of these Regulations made by items   1 and 2 of Schedule   2 to the Home Affairs Legislation Amendment (2019 Measures No.   1) Regulations   2019 apply in relation to visa applications made on or after 16   November 2019.

Part   88 -- Amendments made by the igration Amendment (Subclass 600 and 870 Visas) Regulations   2019

 

8801   Operation of Schedule   1

    The amendments of regulation   4.02 of these Regulations made by Schedule   1 to the Migration Amendment (Subclass 600 and 870 Visas) Regulations   2019 apply in relation to a decision to refuse to grant a visa if the decision is made on or after the commencement of this clause, whether the visa application was made before, on or after that commencement.

8802   Operation of Schedule   2

    The amendments of Schedule   2 to these Regulations made by Schedule   2 to the Migration Amendment (Subclass 600 and 870 Visas) Regulations   2019 apply in relation to a visa if the application for the visa is made on or after 29   February 2020.

Part   89 -- Amendments made by the Home Affairs Legislation Amendment (2020 Measures No.   1) Regulations   2020

 

8901   Operation of Schedule   2

    An approval of a person or body as the relevant assessing authority for a skilled occupation:

  (a)   made under subregulation   2.26B(1A); and

  (b)   in force immediately before 29   March 2020;

has effect, from 29   March 2020, as if it were:

  (c)   an approval of that person or body as the relevant assessing authority for:

  (i)   that occupation; and

  (ii)   all countries; and

  (d)   made under subregulation   2.26B(1B).

Part   90 -- Amendments made by the igration Amendment (Hong Kong Passport Holders) Regulations   2020

 

9001   Subclass 457 visas

  (1)   This clause applies to a Subclass 457 (Temporary Work (Skilled)) visa if:

  (a)   the visa is in effect on or after 9   July 2020 (whether the visa was granted before, on or after 9   July 2020); and

  (b)   the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder holds a Hong Kong passport.

  (2)   This clause also applies to a Subclass 457 (Temporary Work (Skilled)) visa if:

  (a)   the visa is in effect on or after 9   July 2020 (whether the visa was granted before, on or after 9   July 2020); and

  (b)   the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa ); and

  (c)   on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport.

  (3)   Despite former clause   457.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   starts when the visa comes into effect; and

  (d)   ends on 8   July 2025.

9002   Subclass 482 visas granted before 9   July 2020

  (1)   This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if:

  (a)   the visa was granted before 9   July 2020; and

  (b)   the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder held a Hong Kong passport; and

  (d)   the visa did not cease to be in effect before 9   July 2020.

  (2)   This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa ) if:

  (a)   the secondary visa was granted before 9   July 2020; and

  (b)   the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of one of the following visas (the primary visa ):

  (i)   a Subclass 457 (Temporary Work (Skilled)) visa;

  (ii)   a Subclass 482 (Temporary Skill Shortage) visa; and

  (c)   on the date of grant of the primary visa, the primary applicant held a Hong Kong passport; and

  (d)   the secondary visa did not cease to be in effect before 9   July 2020.

  (3)   Despite clause   482.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   started when the visa came into effect; and

  (d)   ends on 8   July 2025.

9003   Subclass 482 visas granted on or after 9   July 2020

  (1)   The amendment of clause   482.511 of Schedule   2 to these Regulations made by the Migration Amendment (Hong Kong Passport Holders) Regulations   2020 applies to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9   July 2020, whether the application for the visa was made before, on or after 9   July 2020.

  (2)   For the purposes of items   2 and 5 of the table in subclause   482.511(1) of Schedule   2 to these Regulations, all Hong Kong passports are taken to be in a class specified under subclause   482.511(2).

  (3)   Subclause   (2) of this clause ceases to have effect when the first instrument (if any) made under subclause   482.511(2) of Schedule   2 commences.

9004   Subclass 485 visas granted before 9   July 2020

  (1)   This clause applies to a Subclass 485 (Temporary Graduate) visa if:

  (a)   the visa was granted before 9   July 2020; and

  (b)   the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder held a Hong Kong passport; and

  (d)   the visa did not cease to be in effect before 9   July 2020.

  (2)   This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa ) if:

  (a)   the secondary visa was granted before 9   July 2020; and

  (b)   the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa ); and

  (c)   on the date of grant of the primary visa, the primary applicant held a Hong Kong passport; and

  (d)   the secondary visa did not cease to be in effect before 9   July 2020.

  (3)   Despite clause   485.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   started when the visa came into effect; and

  (d)   ends on 8   July 2025.

Part   91 -- Amendments made by the igration Amendment (COVID - 19 Concessions) Regulations   2020

 

9101   Operation of Parts   2, 3 and 4 of Schedule   1

  (1)   Subject to subclause   (1A), the amendments of these Regulations made by Parts   2, 3 and 4 of Schedule   1 to the Migration Amendment (COVID - 19 Concessions) Regulations   2020 apply in relation to an application for a visa made on or after 19   September 2020.

  (1A)   The amendment of these Regulations made by item   9 of Part   2 of Schedule   1 to the Migration Amendment (COVID - 19 Concessions) Regulations   2020 applies in relation to an application for a visa:

  (a)   made, but not finally determined, before 19   September 2020; or

  (b)   made on or after 19   September 2020.

  (2)   For the purposes of the application of paragraph   (b) of condition 8557 in Schedule   8, the amendment made by item   10 of Part   3 of Schedule   1 to the Migration Amendment (COVID - 19 Concessions) Regulations   2020 applies in relation to a complying significant investment held by the holder of a Subclass 188 visa in the Significant Investor stream, or the holder of a Subclass 188 visa in the Significant Investor Extension stream, that was granted before 1   July 2019 as if the amendment was in force at the time the visa was granted.

9102   Operation of Part   5 of Schedule   1

  (1)   The amendments of these Regulations made by items   34 to 37 of Part   5 of Schedule   1 to the Migration Amendment (COVID - 19 Concessions) Regulations   2020 apply in relation to an application for a visa made on or after 19   September 2020.

  (2)   The amendments of these Regulations made by item   38 of Part   5 of Schedule   1 to the Migration Amendment (COVID - 19 Concessions) Regulations   2020 apply in relation to an application for a visa:

  (a)   made, but not finally determined, before 19   September 2020; or

  (b)   made on or after 19   September 2020.

Part   92 -- Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020

Division   1 -- Operation of Schedule   1

9201   Operation of Schedule   1

Application of amendments

  (1)   The amendments made by Schedule   1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 apply in relation to an application for a Subclass 417 (Working Holiday) visa made on or after 14   November 2020.

Specified work taken to be specified Subclass 417 work

  (2)   For the purposes of these Regulations, as amended by Schedule   1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 , work that:

  (a)   was carried out at a time occurring before 14   November 2020; and

  (b)   at that time, was specified work in regional Australia (within the meaning of item   1225 of Schedule   1 to these Regulations, as in force at that time);

is taken to be specified Subclass 417 work.

Saving of instruments

  (3)   An instrument that:

  (a)   specified a place for the purposes of the definition of regional Australia   in subitem   1225(5) of Schedule   1; and

  (b)   was in force immediately before 14   November 2020;

continues in force (and may be dealt with) as if it:

  (c)   had been made under regulation   1.15FAA, as inserted by Schedule   1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 ; and

  (d)   specifies that place as an area for the purposes of the definition of specified Subclass 417 work in regulation   1.03.

  (4)   An instrument that:

  (a)   specified a kind of work for the purposes of the definition of specified work in subitem   1225(5) of Schedule   1; and

  (b)   was in force immediately before 14   November 2020;

continues in force (and may be dealt with) as if it:

  (c)   had been made under regulation   1.15FAA, as inserted by Schedule   1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 ; and

  (d)   specifies that kind of work for the purposes of the definition of specified Subclass 417 work in regulation   1.03.

Division   2 -- Operation of Schedule   2

9202   Operation of Part   1 of Schedule   2

  (1)   The amendments made by Part   1 of Schedule   2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 (the amending regulations ) do not apply in relation to:

  (a)   an application for a Subclass 124 (Distinguished Talent) visa made before 14   November 2020; or

  (b)   a Subclass 124 (Distinguished Talent) visa granted:

  (i)   before 14   November 2020; or

  (ii)   on or after 14   November 2020, if the application for the visa was made before 14   November 2020.

  (2)   In particular, despite the repeal or amendment of provisions of these Regulations by Part   1 of Schedule   2 to the amending regulations, those provisions, as in force immediately before 14   November 2020, continue to apply in relation to an application for a Subclass 124 (Distinguished Talent) visa if:

  (a)   the application is taken to have been made by a person before, on or after 14   November 2020 in accordance with regulation   2.08 or 2.08A; and

  (b)   for an application taken to have been made in accordance with regulation   2.08--the non - citizen mentioned in paragraph   2.08(1)(a) applied for his or her visa before 14   November 2020; and

  (c)   for an application taken to have been made in accordance with regulation   2.08A--the original applicant mentioned in paragraph   2.08A(1)(a) applied for his or her visa before 14   November 2020.

9203   Operation of Part   2 of Schedule   2

  (1)   The amendments made by Division   1 of Part   2 of Schedule   2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 apply in relation to an application for a Subclass 858 (Distinguished Talent) visa made on or after 14   November 2020.

  (2)   The amendments made by Division   2 of Part   2 of Schedule   2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 apply in relation to an application for a Subclass 773 (Border) visa made on or after 14   November 2020.

  (3)   For the purposes of paragraph   773.213(2)(zy) of Schedule   2, as inserted by Division   2 of Part   2 of Schedule   2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations   2020 , it does not matter whether a Distinguished Talent (Class BX) visa was granted before, on or after 14   November 2020.

Division   3 -- Transitional provisions relating to Subclass 417 and 462 visas

9204   Definitions

  (1)   In this Division:

"COVID-19 pandemic event 408 visa" means a Subclass 408 (Temporary Activity) visa granted on the basis that the applicant satisfied the criterion in clause   408.219A of Schedule   2 on the basis of clause   408.229 (Australian Government endorsed events) in relation to:

  (a)   if no instrument made under subclause   (2) of this clause is in effect--the COVID - 19 pandemic (within the meaning of LIN 20/229, as in force on 14   November 2020); or

  (b)   an event specified under subclause   (2) of this clause.

"special Subclass 417 work" means specified Subclass 417 work of a kind:

  (a)   if no instrument made under subclause   (3) of this clause is in effect--specified by section   9 of LIN 20/182, as in force on 14   November 2020; or

  (b)   specified under subclause   (3) of this clause.

Note:   Section   9 of LIN 20/182 specified c ritical COVID - 19 work in the healthcare and medical sectors.

"special Subclass 462 work" means specified Subclass 462 work of a kind:

  (a)   if no instrument made under subclause   (4) of this clause is in effect--specified by section   11 of LIN 20/184, as in force on 14   November 2020; or

  (b)   specified under subclause   (4) of this clause.

Note:   Section   11 of LIN 20/184 specified c ritical COVID - 19 work in the healthcare and medical sectors.

  (2)   The Minister may, by legislative instrument, specify an event for the purposes of paragraph   (b) of the definition of COVID - 19 pandemic event 408 visa in subclause   (1), if the event is specified for the purposes of paragraph   408.229(b) of Schedule   2.

  (3)   The Minister may, by legislative instrument, specify kinds of specified Subclass 417 work for the purposes of the definition of special Subclass 417 work in subclause   (1).

  (4)   The Minister may, by legislative instrument, specify kinds of specified Subclass 462 work for the purposes of the definition of special Subclass 462 work in subclause   (1).

9205   Transitional provision--applicants for second Subclass 417 visas who carried out specified Subclass 417 work under COVID - 19 pandemic event visas

Scope of this clause

  (1)   This clause applies in relation to an application (the second 417 application ) for a Subclass 417 (Working Holiday) visa made on or after 14   November 2020, if:

  (a)   the applicant has held only one Subclass 417 (Working Holiday) visa (the first 417 visa ) in Australia; and

  (b)   before the day (the second 417 application day ) the second 417 application is made, the applicant carried out specified Subclass 417 work as the holder of:

  (i)   an eligible 408 visa; or

  (ii)   a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and

  (c)   some or all of that work was special Subclass 417 work.

Work under COVID - 19 pandemic event visas to be counted for purposes of second 417 application

  (2)   The following provisions apply in relation to the work mentioned in paragraph   (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 417 work that the applicant carried out as the holder of the first 417 visa:

  (a)   paragraph   1225(3B)(c) of Schedule   1;

  (b)   paragraph   417.211(5)(a) of Schedule   2.

When second 417 visa is in effect

  (3)   If, on the second 417 application day, the applicant holds an eligible 408 visa, then a Subclass 417 (Working Holiday) visa granted on the basis of the second 417 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.

  (4)   Subclause   (3) has effect despite clause   417.511 of Schedule   2.

Meaning of eligible 408 visa

  (5)   For the purposes of this clause, an eligible 408 visa is a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the first 417 visa; or

  (b)   within 28 days after the day when the first 417 visa ceased to be in effect; or

  (c)   while the applicant held an earlier eligible 408 visa; or

  (d)   within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.

9206   Transitional provision--applicants for third Subclass 417 visas who carried out specified Subclass 417 work under COVID - 19 pandemic event visas

Scope of this clause

  (1)   This clause applies in relation to an application (the third 417 application ) for a Subclass 417 (Working Holiday) visa made on or after 14   November 2020, if:

  (a)   the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia (the earlier of which is the first 417 visa and the latter of which is the second 417 visa ); and

  (b)   before the day (the third 417 application day ) the third 417 application is made, the applicant carried out specified Subclass 417 work as the holder of:

  (i)   an eligible 408 visa; or

  (ii)   a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; or

  (iii)   if, when the application for the second 417 visa was made, the applicant held a COVID - 19 pandemic event 408 visa to which subclause   (6) applies--a bridging visa granted on the basis of the application for the second 417 visa; and

  (c)   some or all of that work was special Subclass 417 work.

Work under COVID - 19 pandemic event visas to be counted for purposes of third 417 application

  (2)   The following provisions apply in relation to the specified Subclass 417 work mentioned in paragraph   (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 417 work that the applicant carried out as the holder of the second 417 visa:

  (a)   subparagraph   1225(3B)(ca)(ii) of Schedule   1;

  (b)   paragraph   417.211(6)(c) of Schedule   2.

When third 417 visa is in effect

  (3)   If, on the third 417 application day, the applicant holds an eligible 408 visa, then a Subclass 417 (Working Holiday) visa granted on the basis of the third 417 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.

  (4)   Subclause   (3) has effect despite clause   417.511 of Schedule   2.

Meaning of eligible 408 visa etc.

  (5)   For the purposes of this clause, an eligible 408 visa is a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the second 417 visa; or

  (b)   within 28 days after the day when the second 417 visa ceased to be in effect; or

  (c)   while the applicant held an earlier eligible 408 visa; or

  (d)   within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.

  (6)   For the purposes of subparagraph   (1)(b)(iii), this subclause applies to a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the first 417 visa; or

  (b)   within 28 days after the day when the first 417 visa ceased to be in effect; or

  (c)   while the applicant held an earlier COVID - 19 pandemic event 408 visa to which this subclause applies; or

  (d)   within 28 days after an earlier COVID - 19 pandemic event 408 visa to which this subclause applies held by the applicant ceased to be in effect.

9207   Transitional provision--applicants for second Subclass 462 visas who carried out specified Subclass 462 work under COVID - 19 pandemic event visas

Scope of this clause

  (1)   This clause applies in relation to an application (the second 462 application ) for a Subclass 462 (Work and Holiday) visa made on or after 14   November 2020, if:

  (a)   the applicant has held only one Subclass 462 (Work and Holiday) visa (the first 462 visa ) in Australia; and

  (b)   before the day (the second 462 application day ) the second 462 application is made, the applicant carried out specified Subclass 462 work as the holder of:

  (i)   an eligible 408 visa; or

  (ii)   a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and

  (c)   some or all of that work was special Subclass 462 work.

Work under COVID - 19 pandemic event visas to be counted for purposes of second 462 application

  (2)   The following provisions apply in relation to the work mentioned in paragraph   (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the first 462 visa:

  (a)   subparagraph   1224A(3)(c)(ii) of Schedule   1;

  (b)   clause   462.218 of Schedule   2.

When second 462 visa is in effect

  (3)   If, on the second 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the second 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.

  (4)   Subclause   (3) has effect despite Division   462.5 of Schedule   2.

Meaning of eligible 408 visa

  (5)   For the purposes of this clause, an eligible 408 visa is a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the first 462 visa; or

  (b)   within 28 days after the day when the first 462 visa ceased to be in effect; or

  (c)   while the applicant held an earlier eligible 408 visa; or

  (d)   within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.

9208   Transitional provision--applicants for third Subclass 462 visas who carried out specified Subclass 462 work under COVID - 19 pandemic event visas

Scope of this clause

  (1)   This clause applies in relation to an application (the third 462 application ) for a Subclass 462 (Work and Holiday) visa made on or after 14   November 2020, if:

  (a)   the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia (the earlier of which is the first 462 visa and the latter of which is the second 462 visa ); and

  (b)   before the day (the third 462 application day ) the third 462 application is made, the applicant carried out specified Subclass 462 work as the holder of:

  (i)   an eligible 408 visa; or

  (ii)   a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; or

  (iii)   if, when the application for the second 462 visa was made, the applicant held a COVID - 19 pandemic event 408 visa to which subclause   (6) applies--a bridging visa granted on the basis of the application for the second 462 visa; and

  (c)   some or all of that work was special Subclass 462 work.

Work under COVID - 19 pandemic event visas to be counted for purposes of third 462 application

  (2)   The following provisions apply in relation to the specified Subclass 462 work mentioned in paragraph   (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the second 462 visa:

  (a)   subparagraph   1224A(3)(c)(iia) of Schedule   1;

  (b)   clause   462.219 of Schedule   2.

When third 462 visa is in effect

  (3)   If, on the third 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the third 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect.

  (4)   Subclause   (3) has effect despite Division   462.5 of Schedule   2.

Meaning of eligible 408 visa etc.

  (5)   For the purposes of this clause, an eligible 408 visa is a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the second 462 visa; or

  (b)   within 28 days after the day when the second 462 visa ceased to be in effect; or

  (c)   while the applicant held an earlier eligible 408 visa; or

  (d)   within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect.

  (6)   For the purposes of subparagraph   (1)(b)(iii), this subclause applies to a COVID - 19 pandemic event 408 visa granted on the basis of an application made:

  (a)   while the applicant held the first 462 visa; or

  (b)   within 28 days after the day when the first 462 visa ceased to be in effect; or

  (c)   while the applicant held an earlier COVID - 19 pandemic event 408 visa to which this subclause applies; or

  (d)   within 28 days after an earlier COVID - 19 pandemic event 408 visa to which this subclause applies held by the applicant ceased to be in effect.

Part   93 -- Amendments made by the igration Amendment (Temporary Graduate Visas) Regulations   2020

 

9301   Operation of Schedule   2

    The amendments of these Regulations made by Schedule   2 to the Migration Amendment (Temporary Graduate Visas) Regulations   2020 apply in relation to visa applications made on or after the commencement of that Schedule.

9302   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Temporary Graduate Visas) Regulations   2020 apply in relation to visa applications made on or after the commencement of that Schedule.

9303   Living, working and studying in a regional centre or other regional area

  (1)   This clause applies if, at the commencement of Schedule   1 to the Migration Amendment (Temporary Graduate Visas) Regulations   2020 , a place is a regional centre or other regional area.

  (2)   For the purposes of clause   485.232 of Schedule   2 to these Regulations, the place is taken to have been a regional centre or other regional area at all times before that commencement.

9304   Living, working and studying in a designated regional area

  (1)   This clause applies if, at a time occurring before the commencement of Schedule   1 to the Migration Amendment (Temporary Graduate Visas) Regulations   2020 , a place was a designated regional area within the meaning of these Regulations as in force at that time.

  (2)   For the purposes of clause   485.233 of Schedule   2 to these Regulations, the place is taken to have been a designated regional area within the meaning of these Regulations as amended by Schedule   1 to the Migration Amendment (Temporary Graduate Visas) Regulations   2020 , at that time.

Part   94 -- Amendments made by the igration Amendment (Subclass 189 Visas) Regulations   2021

 

9401   Operation of Schedule   1

    The amendments made by items   1 to 4 of Schedule   1 to the Migration Amendment (Subclass 189 Visas) Regulations   2021 apply in relation to visa applications made on or after 1   July 2021.

Part   95 -- Amendments made by the igration Amendment (2021 Measures No. 1) Regulations   2021

 

9501   Operation of Schedule   2 (Subclass 300 (Prospective Marriage) visas)

    The amendment made by Schedule   2 to the Migration Amendment (2021 Measures No. 1) Regulations   2021 applies in relation to a Subclass 300 (Prospective arriage) visa granted on or after 27   February 2021, whether the application for the visa was made before, on or after 27   February 2021.

9502   Operation of Schedule   4 (Distinguished Talent (Class BX) visas)

  (1)   The amendments made by Division   1 of Part   1, and Division   2 of Part   2, of Schedule   4 to the Migration Amendment (2021 Measures No. 1) Regulations   2021 apply in relation to an application for a visa made on or after 27   February 2021.

  (2)   To avoid doubt, the reference in paragraph   773.213(2)(zy) of Schedule   2 to these Regulations to a Global Talent (Class BX) visa is taken to include a reference to a Distinguished Talent (Class BX) visa issued on the basis of an application made before 27   February 2021.

9503   Transitional provision--Subclass 124 (Distinguished Talent) visas and Subclass 858 (Distinguished Talent) visas

  (1)   Division   124.4 of Schedule   2, as in force immediately before 14   November 2020, does not apply in relation to an application for a Subclass 124 (Distinguished Talent) visa if:

  (a)   the application was made before 14   November 2020; and

  (b)   the application was not finally determined before 27   February 2021; and

  (c)   the applicant is not in immigration clearance when the visa is granted.

Note:   Former Division   124.4 required an applicant to be outside Australia when a visa is granted.

  (2)   Division   858.4 of Schedule   2, as in force immediately before 14   November 2020, does not apply in relation to an application for a Subclass 858 (Distinguished Talent)) visa if:

  (a)   the application was made before 14   November 2020; and

  (b)   the application was not finally determined before 27   February 2021; and

  (c)   the applicant is not in immigration clearance when the visa is granted.

Note:   Immediately before 14   November 2020, Division   858.4 required an applicant to be in Australia when a visa is granted.

Part   96 -- Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations   2021

 

9601   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Bridging Visa Conditions) Regulations   2021 apply in relation to a bridging visa granted on or after the commencement of that Schedule.

Part   97 -- Amendments made by the igration Amendment (Subclass 417 and 462 Visas) Regulations   2021

 

9701   Application of amendments

  (1)   The amendments made by Schedule   1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations   2021 (the amending Schedule ) apply in relation to any visa application made after the commencement of the amending Schedule.

  (2)   However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule   2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.

Part   98 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2021

 

9801   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Amendment (Visa Application Charges) Regulations   2021 apply in relation to visa applications made on or after 1   July 2021.

Part   99 -- Amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations   2021

 

9901   Operation of Schedule   1 (Business Innovation and Investment Program)

    The amendments of these Regulations made by Schedule   1 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations   2021 apply in relation to an application for a visa made on or after 1   July 2021.

9902   Operation of Schedule   2 (working holiday maker visas)

    The amendments of these Regulations made by Schedule   2 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations   2021 apply in relation to an application for a visa made on or after 1   July 2021.

9903   Operation of Schedule   3 (bridging visa amendments)

  (1)   The amendments of these Regulations made by items   1 to 4 of Schedule   3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations   2021 apply in relation to a Bridging E (Class WE) visa:

  (a)   granted as a result of an application for the visa made on or after 1   July 2021; or

  (b)   granted by the Minister under regulation   2.25 on or after 1   July 2021.

  (2)   The amendment of these Regulations made by item   5 of Schedule   3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations   2021 applies in relation to a visa granted on or after 1   July 2021.

Part   100 -- Amendments made by the igration Amendment (Merits Review) Regulations   2021

 

10001   Operation of Schedule   1

    The amendment made by item   1 of Schedule   1 to the Migration Amendment (Merits Review) Regulations   2021 applies in relation to an application for review made on or after 1   July 2021.

Part   101 -- Amendments made by the igration Legislation Amendment (Hong Kong) Regulations   2021

Division   1 -- Amendments made by Schedule   1

10101   Subclass 457 visas

  (1)   This clause applies to a Subclass 457 (Temporary Work (Skilled)) visa if:

  (a)   the visa is in effect on or after 9   July 2020 (whether the visa was granted before, on or after 9   July 2020); and

  (b)   the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder holds a British National (Overseas) passport.

  (2)   This clause also applies to a Subclass 457 (Temporary Work (Skilled)) visa if:

  (a)   the visa is in effect on or after 9   July 2020 (whether the visa was granted before, on or after 9   July 2020); and

  (b)   the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa ); and

  (c)   on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.

  (3)   Despite former clause   457.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   starts when the visa comes into effect; and

  (d)   ends on 8   July 2025.

10102   Subclass 482 visas granted before 9   July 2020

  (1)   This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if:

  (a)   the visa was granted before 9   July 2020; and

  (b)   the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder held a British National (Overseas) passport; and

  (d)   the visa did not cease to be in effect before 9   July 2020.

  (2)   This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa ) if:

  (a)   the secondary visa was granted before 9   July 2020; and

  (b)   the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of one of the following visas (the primary visa ):

  (i)   a Subclass 457 (Temporary Work (Skilled)) visa;

  (ii)   a Subclass 482 (Temporary Skill Shortage) visa; and

  (c)   on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and

  (d)   the secondary visa did not cease to be in effect before 9   July 2020.

  (3)   Despite clause   482.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   started when the visa came into effect; and

  (d)   ends on 8   July 2025.

10103   Subclass 482 visas granted on or after 9   July 2020

    The amendments of clause   482.511 of Schedule   2 to these Regulations made by Schedule   1 to the Migration Legislation Amendment (Hong Kong) Regulations   2021 apply to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9   July 2020, whether the application for the visa was made before, on or after 9   July 2020.

10104   Subclass 485 visas granted before 9   July 2020

  (1)   This clause applies to a Subclass 485 (Temporary Graduate) visa if:

  (a)   the visa was granted before 9   July 2020; and

  (b)   the visa was granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and

  (c)   on the date of grant of the visa, the holder held a British National (Overseas) passport; and

  (d)   the visa did not cease to be in effect before 9   July 2020.

  (2)   This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa ) if:

  (a)   the secondary visa was granted before 9   July 2020; and

  (b)   the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa ); and

  (c)   on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and

  (d)   the secondary visa did not cease to be in effect before 9   July 2020.

  (3)   Despite clause   485.511 of Schedule   2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   started when the visa came into effect; and

  (d)   ends on 8   July 2025.

10105   Subclass 485 visas granted on or after 9   July 2020 and before 3   November 2021

  (1)   This clause applies to a Subclass 485 (Temporary Graduate) visa if:

  (a)   the visa is granted:

  (i)   on or after 9   July 2020; and

  (ii)   before 3   November 2021; and

  (b)   the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa (other than the criteria in clause   485.232 or 485.233 of Schedule   2); and

  (c)   on the date of grant of the visa, the holder holds a British National (Overseas) passport.

  (2)   This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa ) if:

  (a)   the secondary visa is granted:

  (i)   on or after 9   July 2020; and

  (ii)   before 3   November 2021; and

  (b)   the secondary visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant ) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa ) (other than the criteria in clause   485.232 or 485.233 of Schedule   2); and

  (c)   on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport.

  (3)   Despite Division   485.5 of Schedule   2, a visa to which this clause applies is a temporary visa permitting the holder to:

  (a)   travel to, and enter, Australia on multiple occasions; and

  (b)   remain in Australia;

during the period that:

  (c)   starts when the visa comes into effect; and

  (d)   ends at the end of the period of 5 years starting when the visa comes into effect.

Division   2 -- Amendments made by Schedule   2

10106   Subclass 457 visa holders

  (1)   The requirement in subparagraph   1137(4L)(e)(iii) of Schedule   1 does not apply in relation to a Subclass 457 (Temporary Work (Skilled)) visa granted on or after 9   July 2020.

  (2)   For the purposes of determining whether subitem   1137(4M) or 1139(3A) of Schedule   1 applies to a Subclass 457 (Temporary Work (Skilled)) visa, disregard paragraph   1137(4M)(c) or 1139(3A)(c) of that Schedule (whichever is applicable) if:

  (a)   the visa was granted on or after 9   July 2020; and

  (b)   clause   9001 or 10101 of this Schedule applies to the visa.

Part   102 -- Amendments made by the igration Amendment (Humanitarian Response to Events in Afghanistan) Regulations   2021

 

10201   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations   2021 apply in relation to an application for a visa made after the commencement of that Schedule.

10202   Applications for Refugee and Humanitarian (Class XB) visas made before commencement

  (1)   This clause applies to an application for a Refugee and Humanitarian (Class XB) visa made before the commencement of Schedule   1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations   2021 if:

  (a)   the applicant enters Australia before a decision is made to grant or refuse to grant the visa; and

  (b)   at any time after the entry to Australia, the applicant holds a Subclass 449 (Humanitarian Stay (Temporary)) visa.

  (2)   Clause   201.221 of Schedule   2 does not apply in relation to the application.

  (3)   Despite clauses   200.411, 201.411, 202.411, 203.411 and 204.411 of Schedule   2, the applicant may be in or outside Australia, but not in immigration clearance, when the Refugee and Humanitarian (Class XB) visa is granted.

Part   103 -- Amendments made by the igration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations   2022

 

10301   Operation of Schedule   1

    The amendments made by Schedule   1 to the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations   2022 apply in relation to any Subclass 485 (Temporary Graduate) visa granted before, on or after 31   January 2020.

10302   Operation of Schedule   2

    The amendments made by Part   1 of Schedule   2 to the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations   2022 apply in relation to any Subclass 489 (Skilled--Regional (Provisional)) visa granted before, on or after 31   January 2020, other than a visa that is cancelled before the earlier of:

  (a)   18   February 2022; and

  (b)   the last date on which, disregarding those amendments, the holder of the visa could travel to, enter and remain in Australia under the visa.

Part   104 -- Amendments made by the igration Amendment (Pacific Australia Labour Mobility) Regulations   2022

 

10401   Operation of Part   2 of Schedule   1

    Despite the amendments of item   1234 of Schedule   1, Part   403 of Schedule   2 and clause   8577 of Schedule   8 to these Regulations made by Part   2 of Schedule   1 to the Migration Amendment (Pacific Australia Labour Mobility) Regulations   2022 , those provisions, as in force immediately before 4   April 2022, continue to apply in relation to the following as if the amendments had not been made:

  (a)   an application for a visa made before 4   April 2022;

  (b)   a visa granted before that day;

  (c)   a visa granted on or after that day, if the visa is granted as a result of an application for the visa made before that day.

Part   105 -- Amendments made by the igration Amendment (2022 Measures No. 1) Regulations   2022

 

10501   Operation of Schedule   1 (Subclass 500 (Student) visas)

    The amendments of these Regulations made by items   1 to 4 of Schedule   1 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 apply on and after the commencement of that Schedule in relation to visas granted before, on or after that commencement.

10502   Operation of Schedule   2 (Subclass 445 (Dependent Child) visas)

  (1)   The amendments of these Regulations made by items   1 to 4 of Schedule   2 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 apply in relation to decisions to refuse to grant Subclass 445 (Dependent Child) visas made after the commencement of that Schedule, whether the application for the visa was made before, on or after that commencement.

  (2)   The amendment of these Regulations made by item   5 of Schedule   2 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 applies in relation to visa applications made on or after the commencement of that Schedule.

  (3)   The amendment of these Regulations made by item   7 of Schedule   2 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 applies in relation to visa applications made before, on or after the commencement of that Schedule.

10503   Operation of Schedule   3 (Subclass 155 and 157 (Resident Return) visas)

  (1)   The amendment of these Regulations made by item   1 of Schedule   3 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 applies in relation to visa applications made on or after the commencement of that Schedule.

  (2)   The amendments of these Regulations made by items   2 and 3 of Schedule   3 to the Migration Amendment (2022 Measures No. 1) Regulations   2022 apply in relation to visa applications made before, on or after the commencement of that Schedule.

Part   106 -- Amendments made by the igration Amendment (Subclass 417 and 462 Visas) Regulations   2022

 

10601   Operation of Part   1 of Schedule   1

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations   2022 apply in relation to an application for a visa made on or after 5   March 2022.

Part   107 -- Amendments made by the igration Amendment (2022 Measures No. 2) Regulations   2022

 

10701   Operation of Schedule   1 (Subclass 476 (Skilled--Recognised Graduate) visas)

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (2022 Measures No. 2) Regulations   2022 apply to a Subclass 476 (Skilled--Recognised Graduate) visa if:

  (a)   the visa:

  (i)   was granted before 31   January 2020; and

  (ii)   did not cease to be in effect before 31   January 2020; or

  (b)   the visa is granted on or after 31   January 2020.

10702   Operation of Schedule   2 (Electronic Travel Authority (Class UD) visas)

  (1)   The amendments made by Part   1 of Schedule   2 to the Migration Amendment (2022 Measures No. 2) Regulations   2022 apply in relation to an application for a visa made on or after 5   April 2022.

  (2)   For the purposes of paragraph   2.07AB(1)(g), as amended by Part   1 of Schedule   2 to the Migration Amendment (2022 Measures No. 2) Regulations   2022 , an approval by the Minister that:

  (a)   is an approval of an agent as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made; and

  (b)   was in force immediately before 5   April 2022;

has effect, on and after 5   April 2022, as if it had been made for the purposes of that paragraph.

10703   Operation of Schedule   3 (Temporary Skill Shortage (Class GK) visas)

    The amendments made by Schedule   3 to the Migration Amendment (2022 Measures No. 2) Regulations   2022 apply in relation to an application referred to in subparagraph   1240(3)(b)(i) of Schedule   1 to these Regulations that is made on or after the commencement of those amendments.

Part   108 -- Amendments made by the Migration Amendment (Protecting Australia's Critical Technology) Regulations   2022 and Migration Amendment (Postgraduate Research in Critical Technology--Student Visa Conditions) Regulations   2022

 

10801   Operation of amendments relating to Subclass 500 (Student) visas

    The amendments made by Division   1 of Part   1 of Schedule   1 to the Migration Amendment (Protecting Australia's Critical Technology) Regulations   2022 and Part   1 of Schedule   1 to the Migration Amendment (Postgraduate Research in Critical Technology--Student Visa Conditions) Regulations   2022 apply in relation to any application for a visa made on or after 1   July 2022.

10802   Operation of Part   2 of Schedule   1 (public interest criterion and visa cancellation)

  (1)   The amendments made by Division   1 of Part   2 of Schedule   1 to the Migration Amendment (Protecting Australia's Critical Technology) Regulations   2022 apply in relation to any application for a visa made after the commencement of that Part.

  (2)   The amendments made by Division   2 of Part   2 of Schedule   1 to the Migration Amendment (Protecting Australia's Critical Technology) Regulations   2022 apply in relation to any visa granted before, at or after the commencement of that Part.

Part   109 -- Amendments made by the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations   2022

 

10901   Operation of Schedule   2 (New Zealand Citizen Family Relationship (Temporary) visas)

  (1)   The amendments of these Regulations made by items   1 to 5 of Schedule   2 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations   2022 apply in relation to an application for a visa made on or after 1   July 2022.

  (2)   The amendment of these Regulations made by item   6 of Schedule   2 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations   2022 applies in relation to a visa granted on or after 1   July 2022, whether the application for the visa was made before, on or after that date.

Part   110 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2022

 

11001   Operation of Part   1 of Schedule   1

    The amendments of these Regulations made by Part   1 of Schedule   1 to the Migration Amendment (Visa Application Charges) Regulations   2022 apply in relation to visa applications made on or after 1   July 2022.

Part   111 -- Amendments made by the igration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations   2022

 

11101   Operation of amendments

    The amendments of these Regulations made by the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations   2022 apply in relation to an application for a Subclass 485 (Temporary Graduate) visa made on or after 1   July 2022.

Part   112 -- Amendments made by the igration Amendment (Subclass 202 Visas) Regulations   2022

 

11201   Operation of Part   1 of Schedule   1 (Subclass 202 (Global Special Humanitarian) visas)

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Subclass 202 Visas) Regulations   2022 apply in relation to an application for a visa made on or after the commencement of that Part.

11202   Transitional provision--application for Subclass 202 (Global Special Humanitarian) visa made on or after 1   July 2022

  (1)   This clause applies to an application for a Subclass 202 (Global Special Humanitarian) visa that is made during the period that:

  (a)   starts on 1   July 2022; and

  (b)   ends immediately before the commencement of Part   1 of Schedule   1 to the Migration Amendment (Subclass 202 Visas) Regulations   2022 .

  (2)   Paragraph   1402(2)(b) of Schedule   1, as in force immediately before the commencement of Part   1 of Schedule   1 to the Migration Amendment (Subclass 202 Visas) Regulations   2022 , applies in relation to the application as if:

  (a)   the reference to $16   444 were instead a reference to $4   755; and

  (b)   the reference to $2   680 were instead a reference to Nil.

11203   Operation of Part   2 of Schedule   1 (Subclass 202 (Global Special Humanitarian) visas)

    The amendments made by Part   2 of Schedule   1 to the Migration Amendment (Subclass 202 Visas) Regulations   2022 apply in relation to a decision to grant or not to grant a Subclass 202 (Global Special Humanitarian) visa made on or after the commencement of that Part, whether the application for the visa was made before, on or after that commencement.

Part   113 -- Amendments made by the igration Amendment (Subclass 100 and 309 Visas) Regulations   2022

 

11301   Operation of Schedule   1 (Subclasses 100 (Partner) and 309 (Partner (Provisional)) visas)

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Subclass 100 and 309 Visas) Regulations   2022 apply in relation to a decision to grant or not to grant a Subclass 100 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of that Schedule, whether the application for the visa was made before, on or after that commencement.

Part   114 -- Amendments made by the igration Amendment (Subclass 189 Visas--New Zealand Stream) Regulations   2022

 

11401   Operation of amendments

  (1)   The amendment made by item   2 of Part   1 of Schedule   1 to the Migration Amendment (Subclass 189 Visas--New Zealand Stream) Regulations   2022 applies in relation to an application for a Subclass 189 (Skilled--Independent) visa made before 10   December 2022 if a decision has not been made to grant, or refuse to grant, the visa before that day.

  (2)   The amendment made by item   3 of Part   1 of Schedule   1 to the Migration Amendment (Subclass 189 Visas--New Zealand Stream) Regulations   2022 applies in relation to an application for a Subclass 189 (Skilled--Independent) visa, whether made (or taken to be made) before, on or after 10   December 2022, if:

  (a)   the application is made by a person seeking to satisfy the secondary criteria for the grant of the visa as a member of the family unit of a person who applied for their visa (the primary visa ) before 10   December 2022; and

  (b)   a decision has not been made to grant, or refuse to grant, the primary visa before that day.

Part   115 -- Amendments made by the igration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations   2023

 

11501   Operation of amendments

  (1)   The amendments made by items   5 to 8 and 13 to 17 of Part   1 of Schedule   1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations   2023 apply in relation to an application for a visa made, or taken to have been made, on or after the commencement of those items.

  (2)   The amendments made by items   9 and 11 of Part   1 of Schedule   1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations   2023 apply in relation to an application for a visa made, or taken to have been made, before, on or after the commencement of those items.

  (3)   The amendments made by items   10 and 12 of Part   1 of Schedule   1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations   2023 apply in relation to a visa granted before, on or after the commencement of those items.

Part   116 -- Amendments made by the igration Amendment (Subclass 309 Applicant Review Rights) Regulations   2023

 

11601   Operation of amendments

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations   2023 apply in relation to a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of that Part, whether the visa application was made before, on or after that commencement.

Part   117 -- Amendments made by the igration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations   2023

 

11701   Operation of amendments

  (1)   The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations   2023 apply in relation to an application for a visa made on or after the commencement of that Part.

  (2)   The amendments made by Part   2 of Schedule   1 to the Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations   2023 apply in relation to work engaged in by a visa holder on or after the commencement of that Part, whether or not the visa was granted before, on or after that commencement.

Part   118 -- Amendments made by the igration Amendment (Visa Application Charges) Regulations   2023

 

11801   Operation of amendments

    The amendments made by Part   1 of Schedule   1 to the Migration Amendment (Visa Application Charges) Regulations   2023 apply in relation to visa applications made on or after 1   July 2023.

Part   119 -- Amendments made by the Migration Amendment (Giving Documents) Regulations   2023

 

11901   Operation of amendments

    The amendments made by Schedule   1 to the Migration Amendment (Giving Documents) Regulations   2023 apply in relation to the giving of a document on or after the commencement of that Schedule.

Part   120 -- Amendment made by the igration Amendment (Biosecurity Contravention) Regulations   2023

 

12001   Operation of amendment

    The amendment made by Schedule   1 to the Migration Amendment (Biosecurity Contravention) Regulations   2023 applies in relation to the cancellation of a visa if:

  (a)   the visa was granted before, on or after the commencement of that Schedule; and

  (b)   the contravention occurs on or after that commencement.

Part   121 -- Amendments made by the igration Amendment (Resolution of Status Visa) Regulations   2023

 

12101   Definitions

    In this Part:

"amending regulations" means the Migration Amendment (Resolution of Status Visa) Regulations   2023 .

"identity information criterion" means subclause   851.228(2) of Schedule   2, as inserted by Schedule   2 to the amending regulations.

12102   Operation of amendments

  (1)   The amendments made by Schedule   2 to the amending regulations apply in relation to an application for a visa:

  (a)   made, but not finally determined, before the commencement of that Schedule; or

  (b)   made on or after that commencement.

  (2)   For an application made on the basis of meeting the requirements of item   4, 4A or 5 of the table in subitem   1127AA(3) of Schedule   1, the identity information criterion applies in relation to an invitation under section   56 of the Act whether given before, on or after the commencement of that criterion.

  (3)   For an application taken to be a valid application for a Resolution of Status (Class CD) visa under regulation   2.08G, the identity information criterion applies in relation to an invitation under section   56 of the Act whether given before, on or after the commencement of that criterion, provided that the invitation was given after regulation   2.08G started to apply in relation to the application.

Part   123 -- Amendments made by the igration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations   2023

 

12301   Definitions

    In this Part:

"amending regulations" means the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations   2023 .

12302   Operation of amendments

  (1)   The amendment of regulation   2.12F of these Regulations made by Schedule   1 to the amending regulations applies in relation to the withdrawal of a visa application on or after the commencement of that amendment, if the nomination application:

  (a)   is made on or after 18   March 2018 and not finally determined before that commencement; or

  (b)   is made on or after that commencement.

  (2)   The amendments of regulation   5.19 of these Regulations made by Schedule   1 to the amending regulations apply in relation to an application under that regulation:

  (a)   made on or after 18   March 2018 and not finally determined before the commencement of those amendments; or

  (b)   made on or after the commencement of those amendments.

  (3)   The amendments of clause   1240 of Schedule   1 to these Regulations made by Schedule   1 to the amending regulations apply in relation to visa applications made on or after the commencement of those amendments.

Part   124 -- Amendments made by the igration Amendment (Location Requirements for Grant of Visa) Regulations   2023

 

12401   Definitions

    In this Part:

"amending regulations means the Migration Amendment (" Location Requirements for Grant of Visa ) Regulations   2023.

12402   Operation of Schedule   1

  (1)   The amendments of these Regulations made by items   1 and 2 of Schedule   1 to the amending regulations apply in relation to a decision to refuse to grant a Subclass 300 (Prospective Marriage) visa or a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of those items, whether the visa application was made before, on or after that commencement.

  (2)   The amendments of these Regulations made by items   3 to 8 of Schedule   1 to the amending regulations apply in relation to a visa granted on or after the commencement of those items, whether the visa application was made before, on or after that commencement.

Part   125 -- Amendments made by the igration Amendment (Subclass 200 and 201 Visas) Regulations   2023

 

12501   Operation of Schedule   1

    The amendments of these Regulations made by Schedule   1 to the Migration Amendment (Subclass 200 and 201 Visas) Regulations   2023 apply in relation visa applications:

  (a)   made, but not finally determined, before the commencement of that Schedule; or

  (b)   made on or after that commencement.

Part   126 -- Amendments made by the igration Amendment (Bridging Visa Conditions) Act 2023

 

12601   Operation of amendments

    The amendments of these Regulations made by Part   1 of Schedule   2 to the Migration Amendment (Bridging Visa Conditions) Act 2023 apply in relation to a visa granted on or after the commencement of those amendments.

Part   127 -- Amendments made by the igration Amendment (Bridging Visa Conditions) Regulations   2023

 

12701   Operation of amendments

  (1)   Regulations   2.25AA and 2.25AB, as amended by Part   1 of Schedule   1 to the Migration Amendment (Bridging Visa Conditions) Regulations   2023 , apply in relation to the grant of a visa on or after the commencement of that Part.

  (2)   Regulation   2.25AE, as inserted by that Part, applies in relation to a visa granted before, on or after the commencement of that Part.

  (3)   Schedules   2 and 8, as amended by that Part, apply in relation to a visa granted on or after the commencement of that Part.

 

Commonwealth Coat of Arms of Australia

Migration Regulations   1994

Statutory Rules   No.   268, 1994

made under the

Migration Act 1958

Compilation No.   251

Compilation date:   20 December 2023

Includes amendments:   F2023L01706

Registered:   5 January 2024

This compilation is in 4 volumes

Volume 1:   regulations   1.01- 5.45

  Schedule   1

Volume 2:   Schedule   2 (Subclasses 010-801)

Volume 3:   Schedule   2 (Subclasses 802-995)

  Schedules   3-5, 6D, 7A, 8-10 and 13

Volume 4:   Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Regulations 1994 that shows the text of the law as amended and in force on 20 December 2023 (the compilation date ).

The notes at the end of this compilation (the endnotes ) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history



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