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MIGRATION LEGISLATION AMENDMENT (2015 MEASURES NO. 4) REGULATION 2015 (SLI NO 243 OF 2015) - SCHEDULE 3

Application and transitional provisions

   

Migration Regulations 1994

1  Schedule 13

Insert in its appropriate numerical position:

Part 52 -- Amendments made by the Migration 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 Measures No. 4) Regulation 2015 commences on 14 December 2015.

2  At the end of Part 52 of Schedule 13

Insert:

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 Measures No. 4) Regulation 2015 commences on 16 February 2016.



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