Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 In the appropriate position in Schedule 13
Insert:
Division 1 -- 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
(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).
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 i s 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.
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.
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 i s 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.
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.