{"id":"F2022L00273","name":"Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022","slug":"migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102307,"registerId":"commonwealth-F2022L00273-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022","content":"![logo for Department of Home Affairs](image.001.jpeg)\n\nLIN 22/042\n\nMigration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022\n\nI, Paul Denman, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).\n\nDated 4 March 2022\n\nPaul Denman\n\nActing Senior Executive Band 1\n\nImmigration Programs Division\n\nDepartment of Home Affairs\n\n1 Name\n\nThis instrument is the Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022.\n\n2 Commencement\n\nThis instrument commences on 5 March 2022.\n\n> Note This instrument may apply retrospectively—see Legislation Act 2003, subsection 12(2).\n\n3 Definitions\n\n> In this instrument:\n\n> excluded applicant means an applicant who has applied for:\n\n> (a) a subclass 417 visa; or\n\n> (b) a subclass 462 visa\n\n> with nil VAC and:\n\n> (c) the applicant has been granted the visa; or\n\n> (d) the applicant has been refused the visa; or\n\n> (e) the application is not finalised.\n\n> subclass 417 visa means Working Holiday (Subclass 417) visa.\n\n> subclass 462 visa means Work and Holiday (Subclass 462) visa.\n\n> VAC means visa application charge.\n\n> Note 1 For the meaning of offshore COVID-19 affected visa and onshore COVID-19 affected visa—see the Regulations, regulation 1.15P.\n\n> Note 2 For the meaning of visa application charge—see Migration Act 1958, section 5.\n\n4 Class of persons for nil VAC—subclass 417 visa\n\n(1)For subparagraph 1225(2)(a)(i) of Schedule 1 to the Regulations, an applicant mentioned in subsection (2) or (3) is specified.\n\n(2)An applicant who:\n\n(a) applies for a subclass 417 visa outside Australia; and\n\n(b) last held an offshore COVID-19 affected visa; and\n\n(c) is not an excluded applicant.\n\n(3)An applicant who:\n\n(a) applies for a subclass 417 visa in Australia; and\n\n(b) held an onshore COVID-19 affected visa; and\n\n(c) is not an excluded applicant.\n\n5 Class of persons for nil VAC—subclass 462 visa\n\n(1)For subparagraph 1224A(2)(a)(i) of Schedule 1 to the Regulations, an applicant mentioned in subsection (2) or (3) is specified.\n\n(2)An applicant who:\n\n(a) applies for a subclass 462 visa outside Australia; and\n\n(b) last held an offshore COVID-19 affected visa; and\n\n(c) is not an excluded applicant.\n\n(3)An applicant who:\n\n(a) applies for a subclass 462 visa in Australia; and\n\n(b) held an onshore COVID-19 affected visa; and\n\n(c) is not an excluded applicant.\n\n6 Repeal\n\nMigration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021 is repealed.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals LIN 21/043 (2021) and re-specifies the classes of applicants eligible for nil VAC for subclasses 417 and 462 (sections 4–5 and 6). It confines eligibility to applicants who last held an offshore COVID‑19 affected visa or held an onshore COVID‑19 affected visa and excludes applicants who previously applied under a nil VAC (section 3). The instrument does not add other applicant categories beyond those listed."},"complexity_factors":["Short, targeted instrument with clear eligibility criteria (subclass 417 and 462; last/held onshore or offshore COVID‑19 affected visa) (sections 4–5).","Relies on externally defined terms not in the instrument: 'offshore/onshore COVID‑19 affected visa' (Regulation 1.15P) and 'VAC' (Migration Act s 5) (Notes to section 3).","Express exclusion category (excluded applicant) defined within instrument; exclusion depends on prior nil VAC application status (section 3).","Cross-references to specific subparagraphs in the Migration Regulations (subparagraphs 1225(2)(a)(i) and 1224A(2)(a)(i)) increasing interpretive links.","Repeal of prior instrument (LIN 21/043) requires checking differences between instruments to assess net scope change (section 6).","Potential retrospective effect flagged under Legislation Act 2003, subsection 12(2) (Commencement note)."],"plain_english_summary":"This instrument waives the visa application charge (VAC) for certain Work and Holiday (subclass 462) and Working Holiday (subclass 417) applicants who most recently held an onshore or offshore COVID‑19 affected visa, unless they are an “excluded applicant” (someone who previously applied for those visas with nil VAC). It is made by a delegate of the Minister under the Migration Regulations and commences 5 March 2022. Mechanically, it reduces the visa cost for specified former COVID‑19 affected visa holders and changes applicants' financial incentives."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: providing a one-time visa application fee waiver for specific working holiday visa applicants affected by COVID-19 travel disruptions. It replaces the 2021 version (LIN 21/043) with substantively identical criteria, suggesting the scope has remained tightly focused on this pandemic recovery measure without mission creep."},"complexity_factors":["Only 4 defined terms in section 3","Straightforward mirror structure: sections 4 and 5 are nearly identical, just swapping the visa subclasses","No nested exceptions or complex conditional logic — just three simple criteria per applicant class (location of application, previous visa type, exclusion check)","Single cross-reference to Migration Regulations for definitions of 'offshore COVID-19 affected visa' and 'onshore COVID-19 affected visa'","Total length: 6 short sections, approximately 400 words","Clear repeal provision in section 6 with no transitional complications"],"plain_english_summary":"This instrument lets certain backpackers and young travellers apply for Subclass 417 or 462 visas without paying the visa application charge (nil VAC). It applies to people who previously held a COVID‑19 affected visa and must be applied for either from outside or inside Australia according to where that affected visa was held.\n\nIt's a one‑time concession (you can't reapply) to help return or retain visitors and support tourism and hospitality; it replaces the 2021 scheme."}},"importantCases":[],"_links":{"self":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022","history":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022/history","analysis":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022/analysis","conflicts":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022/conflicts","importantCases":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022/important-cases","documents":"/api/acts/migration-nil-vac-for-work-and-holiday-and-working-holiday-visas-instrument-lin-22-042-2022/documents"}}