{"id":"F2024L01141","name":"Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024","slug":"migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105356,"registerId":"commonwealth-F2024L01141-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rules for the conduct of visa pre‑application process","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.\n\n## Part 2—Rules for the conduct of visa pre‑application process\n\n### Division 1—Introduction\n\n#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.\n\n### Division 2—Foreign country to which visa pre‑application process relates\n\n#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.\n\n### Division 3—Registration of participants\n\n#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.\n\n#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\n### Division 4—Selection of registered participants\n\n#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.\n\n## Part 2—Rules for the conduct of visa pre‑application process\n\n### Division 1—Introduction\n\n#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.\n\n### Division 2—Foreign country to which visa pre‑application process relates\n\n#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.\n\n### Division 3—Registration of participants\n\n#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.\n\n#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\n### Division 4—Selection of registered participants\n\n#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Purpose of this Part","content":"#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Specified visa pre‑application process to which rules apply","content":"#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Foreign country to which visa pre‑application process relates","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.\n\n## Part 2—Rules for the conduct of visa pre‑application process\n\n### Division 1—Introduction\n\n#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.\n\n### Division 2—Foreign country to which visa pre‑application process relates\n\n#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.\n\n### Division 3—Registration of participants\n\n#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.\n\n#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\n### Division 4—Selection of registered participants\n\n#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Visa pre‑application process must be in relation to a foreign country","content":"#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.","sortOrder":10},{"sectionNumber":"Division 3","sectionType":"division","heading":"Registration of participants","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.\n\n## Part 2—Rules for the conduct of visa pre‑application process\n\n### Division 1—Introduction\n\n#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.\n\n### Division 2—Foreign country to which visa pre‑application process relates\n\n#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.\n\n### Division 3—Registration of participants\n\n#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.\n\n#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\n### Division 4—Selection of registered participants\n\n#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Registered participants","content":"#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Eligibility requirements","content":"#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Registration open period","content":"#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Withdrawal of registration","content":"#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Duration of registration","content":"#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.","sortOrder":16},{"sectionNumber":"Division 4","sectionType":"division","heading":"Selection of registered participants","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This instrument is the Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024.\n\n#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

16 September 2024.

16 September 2024

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n#### 3 Authority\n\n This instrument is made under subsection 46C(14) of the Migration Act 1958.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including visa pre‑application process charge.\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n> registered participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 8.\n\n> registration open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which the process is open for registration.\n\n> Note: See also section 10 which is about requirements for registration open periods.\n\n> selected participant, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, has the meaning given by section 13.\n\n> selection open period, for a particular Subclass 462 (Work and Holiday) visa pre‑application process, means the period during which selection of participants for the process may take place.\n\n> Note: See also section 14 which is about requirements for selection open periods.\n\n> Subclass 462 visa pre‑application process means a process specified under section 6.\n\n## Part 2—Rules for the conduct of visa pre‑application process\n\n### Division 1—Introduction\n\n#### 5 Purpose of this Part\n\n For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre‑application process that is specified in section 6.\n\n#### 6 Specified visa pre‑application process to which rules apply\n\n For the purposes of subsection 46C(14) of the Act, this instrument applies in relation to a visa pre‑application process conducted under subsection 46C(1) of the Act in relation to a Subclass 462 (Work and Holiday) visa.\n\n### Division 2—Foreign country to which visa pre‑application process relates\n\n#### 7 Visa pre‑application process must be in relation to a foreign country\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must be in relation to a single foreign country.\n\n> Note: Multiple Subclass 462 (Work and Holiday) visa pre‑application processes can be conducted (see subsection 46C(10) of the Act), including concurrent processes in relation to different countries.\n\n (2) The Minister must cause the country to which a Subclass 462 (Work and Holiday) visa pre-application process relates to be published on the Department’s website.\n\n### Division 3—Registration of participants\n\n#### 8 Registered participants\n\n A person is a registered participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the following requirements are met:\n (a) the person registers as a participant in that process using a computer program made available on the internet for that purpose;\n (b) the person is not already registered as a participant in that process;\n (c) the registration occurs within the registration open period for that process.\n\n> Note: Any visa pre‑application process charge that is payable in respect of the registration must be paid at the time of registration: see subsection 46C(22) of the Act.\n\n#### 9 Eligibility requirements\n\n The eligibility requirements for registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process are all of the following:\n (a) the person holds a valid passport issued by the foreign country to which that process relates;\n (b) at the date of registration, the person is aged at least 18 and no more than 30.\n\n#### 10 Registration open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite registration open period for the process.\n (2) The Minister must cause the registration open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 11 Withdrawal of registration\n\n A registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process may withdraw their registration as a participant in that process using a computer program made available on the internet for that purpose.\n\n> Note: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 12 Duration of registration\n\n The registration of a person as a registered participant in a particular Subclass 462 (Work and Holiday) visa pre‑application process lapses at the earliest of the following times:\n (a) the end of the selection open period for that process;\n (b) if the person is selected as a selected participant for that process—when the person is selected;\n (c) if the person withdraws their registration as a participant in that process—when the withdrawal is lodged;\n (d) if the person turns 31 years of age before the person is selected as a selected participant for that process—on the day the person turns 31;\n (e) if the person dies before the person is selected as a selected participant for that process—when the person dies.\n\n### Division 4—Selection of registered participants\n\n#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.\n\n#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.\n\n#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Selected participants","content":"#### 13 Selected participants\n\n A person is a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process if the person is randomly selected for that process by a computer program.\n\n> Note 1: The person must be a registered participant in that process: see subsection 46C(2) of the Act.\n\n> Note 2: A part of a visa pre-application process may be conducted by the use of a computer program under the Minister’s control: see subsection 46C(11) of the Act.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Selection open period","content":"#### 14 Selection open period\n\n (1) A Subclass 462 (Work and Holiday) visa pre‑application process must involve a finite selection open period for the process.\n (2) The Minister must cause the selection open period for the process, and any extension of the period, to be published on the Department’s website.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Notice of selection","content":"#### 15 Notice of selection\n\n (1) As soon as practicable after a person is selected as a selected participant for a particular Subclass 462 (Work and Holiday) visa pre‑application process, the Minister must give the person notice in writing of the selection.\n (2) The notice must specify the date by which the person must make a valid visa application for a Subclass 462 (Work and Holiday) visa.","sortOrder":20}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a new legislative instrument that establishes the pre-application ballot system for Subclass 462 visas. It does not represent scope creep from an original intent; rather, it implements a specific mechanism authorised by subsection 46C(14) of the Migration Act 1958. The scope remains tightly focused on creating procedural rules for the conduct of visa pre-application processes for this specific visa subclass."},"complexity_factors":["Short instrument with only 15 operative sections","Minimal defined terms (5 definitions in section 4, plus terms defined by cross-reference to the Migration Act 1958)","Simple conditional logic (if/then structures in sections 8, 12, 15)","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Straightforward procedural rules with clear timelines and eligibility criteria","Single-purpose instrument focused on one visa subclass only"],"plain_english_summary":"This law replaces the first‑come, first‑served Subclass 462 visa opening with a lottery-style registration and invitation system: eligible 18–30‑year‑olds from Work and Holiday partner countries register in a set window, a computerized ballot randomly selects applicants, and winners are invited to apply. It affects young people seeking a one‑year work‑and‑travel stay and aims to make allocation fairer and prevent application‑system crashes."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements procedural rules authorised by subsection 46C(14) of the Migration Act 1958 for running Subclass 462 pre-application processes (registration, eligibility, selection, publication and notices). It confines itself to operational detail (who can register, how, when, and how selection and lapsing work) and does not expand the substantive scope of the visa class or create new policy categories beyond the Act’s enabling power."},"complexity_factors":["Instrument is short (15 substantive sections: 1–15) with repetitive structure","Small number of defined terms within the instrument (Act, registered participant, selected participant, registration open period, selection open period, Subclass 462 visa pre‑application process)","Cross-references to the Migration Act 1958 (notably subsection 46C(14) and subsection 46C(22))","Operational dependency on an external IT component (computer program for registration, withdrawal and random selection) introduces technical complexity","Multiple lapse conditions for registration (section 12) create modest conditional logic","Publication obligations for Minister (sections 7(2), 10(2), 14(2)) require coordination with web/communications processes","Random selection by computer (section 13) requires auditable randomness and integrity controls"],"plain_english_summary":"**What this instrument does**\n\n- Sets the operational rules for a pre-application process that prospective Subclass 462 (Work and Holiday) visa applicants must use before lodging a full visa application. (See sections 5–6.)\n\n**Who it affects**\n\n- Young people (aged 18–30 at registration) who hold a valid passport from a partner foreign country and who want to apply for a Subclass 462 (Work and Holiday) visa. (See section 9.)\n- The Department of Home Affairs and the Minister, who decide which foreign country a particular process relates to, set and publish opening periods, and give notices to successful registrants. (See sections 3, 7, 10, 14, 15.)\n- Anyone organising or relying on the visa pre-application IT system (the computer program used for registration, withdrawal and random selection). (See sections 8, 11, 13.)\n\n**Why it matters (mechanically)**\n\n- It creates a standard online registration-and-selection mechanism for Work and Holiday visa slots so that selection happens before a full visa application is lodged. The instrument specifies who may register, how registration and withdrawal are done, how selection occurs, and when registrations end. (See sections 8–15.)\n\n**How the process works, step by step**\n\n- The Minister specifies a single foreign country for each pre-application process and must publish that country on the Department's website. (Section 7(1)–(2).)\n- The Minister sets finite registration and selection open periods and must publish them (and any extensions) on the Department's website. Registrations must occur within the registration open period. (Sections 10(1)–(2) and 14(1)–(2).)\n- A person registers online using the Department's computer program, is not already registered for that process, and meets eligibility rules (valid passport for the country, age 18–30 at registration). A pre-application charge (fee) must be paid at registration where required by the Act. (Sections 8–9 and Note to section 8 referring to subsection 46C(22) of the Act.)\n- A registrant may withdraw online while the registration is still current. (Section 11.)\n- Selection of participants is made randomly by a computer program; only registered participants may be selected. (Section 13 and associated notes.)\n- The Department must notify selected participants in writing as soon as practicable and give a deadline by which they must lodge a valid visa application. (Section 15.)\n- A person’s registration lapses at the earliest of specified events: end of the selection period; the person being selected; the person withdrawing; the person turning 31 before selection; or the person’s death. (Section 12.)\n\n**Who pays and who decides**\n\n- Applicants pay any visa pre-application process charge at the time of registration (where the Act requires such a charge). The instrument does not set the amount; that is governed by the Act/regulations. (Note to section 8; subsection 46C(22) of the Act.)\n- The Minister decides which foreign country a process covers, the timing of registration and selection periods (and any extensions), and is responsible for publishing those details and issuing notice to selected participants. Selection itself is performed by a computer program (i.e. automated random selection). (Sections 3, 7, 10, 14, 15, 13.)\n\n**Costs, incentives, trade-offs and implementation risks**\n\n- Concentrated compliance cost: Individual registrants must have internet access, a valid passport for the specified country, be in the 18–30 age band at registration, and may pay an upfront charge. Those without reliable internet access or without the required passport are excluded (Sections 8–9, 11).\n- Predictable demand surge risk: Finite registration windows can concentrate registration attempts into short periods, creating IT load and potential access inequities. The instrument requires online registration and withdrawal (Sections 8, 11, 10(2)).\n- Administrative discretion and information asymmetry: The Minister controls selection and registration windows and must publish them; the instrument imposes a publication obligation but leaves timing and extensions to Ministerial decisions (Sections 7(2), 10(2), 14(2)). That central control shapes who can participate.\n- Random selection reduces discretion in choosing successful registrants (selection is by computer program) but shifts importance to the integrity and transparency of the selection algorithm and IT controls (Section 13). Risks include software bugs, security breaches, or opaque randomisation methods.\n- Behavioural effects: Prospective applicants will shift behaviour to (a) monitor Department publications for country and opening period announcements, (b) register online quickly within finite windows, and (c) prepare to lodge a full visa application promptly if selected (Section 15).\n- Opportunity costs: The mechanism prioritises a lottery-style selection over merit-based allocation. The instrument does not provide for prioritisation by skills, employer demand, or other economic indicators (Section 13).\n- Compliance burden on administration: The Department must operate and secure an online registration/selection system, publish timing and country information, and issue written notices to selected participants (Sections 7, 8, 10, 11, 13–15).\n\n**Key legal anchors**\n\n- Made under subsection 46C(14) of the Migration Act 1958 (Section 3). The instrument interacts with other Act provisions (including the visa pre-application process charge in subsection 46C(22)).\n\nOverall, the instrument provides a short, rule-based procedural framework: online registration within published windows, eligibility checks (passport and age), random computerised selection, published timeframes, and written notice to selected people who must then lodge a full visa application by a stated date. (Sections 8–15.)"}},"importantCases":[],"_links":{"self":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024","history":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024/history","analysis":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024/analysis","conflicts":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024/conflicts","importantCases":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024/important-cases","documents":"/api/acts/migration-subclass-462-work-and-holiday-visa-pre-application-process-determination-lin-24-060-2024/documents"}}