{"id":"F2024L01137","name":"Migration (Specification of Foreign Countries for Subclass 462 (Work and Holiday) Visa Pre-Application Process) Instrument (LIN 24/058) 2024","slug":"migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105355,"registerId":"commonwealth-F2024L01137-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Migration (Specification of Foreign Countries for Subclass 462 (Work and Holiday) Visa Pre-Application Process) Instrument (LIN 24/058) 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 16 September 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraph 1224A(3A)(b) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Foreign countries for visa pre-application processes","content":"#### 4 Foreign countries for visa pre-application processes\n\n  For the purpose of paragraph 1224A(3A)(b) of Schedule 1 to the Migration Regulations, the following countries are specified:\n\n| Item | Foreign country             |\n| ---- | --------------------------- |\n| 1    | China, People’s Republic of |\n| 2    | India                       |\n| 3    | Vietnam                     |\n\n> Note: An applicant who holds a valid passport issued by a foreign country mentioned in this section and who is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa, is required to be selected in a visa pre-application process conducted in accordance with subsection 46C(1) of the Migration Act 1958 before making an application. See subitem 1224A(3A) of Schedule 1 to the Migration Regulations.","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow technical function it was designed for: specifying which foreign countries are subject to the pre-application ballot process under the Migration Regulations. It does not expand beyond this specific purpose."},"complexity_factors":["Extremely short — only 4 operative sections","Zero defined terms in the instrument itself (relies entirely on external definitions in the Migration Act and Migration Regulations)","Single substantive provision (section 4) containing a simple table of three countries","No conditional logic, exceptions, or cross-references within the instrument text","Note is explanatory only, not operative law"],"plain_english_summary":"This law creates a pre-application ballot for citizens of China, India and Vietnam seeking Australia’s Work and Holiday (subclass 462) visa. Prospective first-time applicants must register for the lottery and, if selected, may then apply.  \n\nIt targets young people from these high‑demand countries to limit and fairly allocate places while keeping the program open to them."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. By specifying China, India and Vietnam for the pre‑application requirement, the instrument expands the set of applicants who must undergo a Department‑run selection step before applying for Subclass 462. The change operates via paragraph 1224A(3A)(b) of Schedule 1 to the Migration Regulations and selection under subsection 46C(1) of the Migration Act, creating an added procedural gate (commencing 16 September 2024) for affected passport‑holders who have not previously held the visa."},"complexity_factors":["Cross-references to multiple instruments: paragraph 1224A(3A)(b) of Schedule 1 to the Migration Regulations and subsection 46C(1) of the Migration Act 1958 (creates layered legal checks).","Narrow eligibility conditions: applies only to holders of valid passports of China, India or Vietnam who have not previously held a Subclass 462 visa (requires case-by-case verification).","Administrative discretion: the Department runs the selection process under s46C(1), introducing procedural judgment and operational rules outside this instrument.","Compliance burden concentrated on applicants from the three named countries (an additional pre-application step before lodging a visa application).","Timing: fixed commencement date (16 September 2024) requires administrative readiness and public notice.","Simplicity of the instrument’s text (single list) masks practical complexity of implementing and operationalising the selection process."],"plain_english_summary":"This instrument requires nationals of China, India and Vietnam who hold a valid passport and have not previously held a Subclass 462 (Work and Holiday) visa to be selected in a visa pre‑application process before lodging an application. It commences on 16 September 2024 and is made under paragraph 1224A(3A)(b) of the Migration Regulations. The practical effect is an added procedural gate: affected applicants must pass the Department’s selection step administered under subsection 46C(1) of the Migration Act."}},"importantCases":[],"_links":{"self":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-","history":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-/history","analysis":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-/analysis","conflicts":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-/conflicts","importantCases":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-/important-cases","documents":"/api/acts/migration-specification-of-foreign-countries-for-subclass-462-work-and-holiday-visa-pre-application-/documents"}}