Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Subclause 8104(2) of Schedule 8
Omit "If", substitute "Subject to subclauses (2A) and (2B), if".
2 After subclause 8104(2) of Schedule 8
Insert:
(2A) Subclause (2) does not apply to the holder if:
(a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa ); and
(b) the holder was permitted to work in Australia during the period that the previous visa was in effect.
(2B) Subclause (2) does not apply to the holder if the person who satisfies the primary criteria for the grant of the student visa:
(a) held a substantive visa or a bridging visa (the previous visa ) at the time of applying for the student visa; and
(b) was permitted to work in Australia during the period that the previous visa was in effect.
(2C) If subclause (2) does not apply to the holder because of subclause (2A) or (2B), then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight:
(a) while the holder is in Australia; and
(b) before the course of study mentioned in subclause (2) commences.
3 Subclause 8105(1A) of Schedule 8
Omit "The", substitute "Subject to subclause (1B), the".
4 After subclause 8105(1A) of Schedule 8
Insert:
(1B) Subclause (1A) does not apply to the holder if:
(a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa ); and
(b) the holder was permitted to work in Australia during the period that the previous visa was in effect.