43Visa holders must usually enter at a port

43  Visa holders must usually enter at a port  (1) Subject to subsections (1A) and (3) and the regulations, a visa to travel to and enter Australia that is in effect is permission for the holder to enter Australia:  (a) at a port; or  (b) on a pre‑cleared flight; or  (c) if the holder travels to Australia on a vessel and the health or safety of a person or a prescribed reason, make it necessary to enter in another way, that way; or  (d) in a way authorised in writing by an authorised officer.  (1A) Subject to the regulations, a maritime crew visa that is in effect is permission for the holder to enter Australia:  (a) at a proclaimed port; or  (b) if the health or safety of a person, or a prescribed reason, make it necessary to enter Australia in another way, that way; or  (c) in a way authorised by an authorised officer.  (1B) Despite subsections 38B(1) and (2):  (a) the holder of a maritime crew visa may enter Australia as mentioned in paragraph (1A)(b) by air; and  (b) the authorised officer may, for the purposes of paragraph (1A)(c), authorise the holder to enter Australia by air.  (2) For the purposes of subsection (1), a holder who travels to and enters Australia on an aircraft is taken to have entered Australia when that aircraft lands.  (3) This section does not apply to:  (a) the holder of an enforcement visa; or  (b) an Australian resident entering Australia on a foreign vessel as a result of the exercise of powers under section 69 of the Maritime Powers Act 2013 in relation to a fisheries detention offence; or  (c) an Australian resident entering Australia on a vessel (environment matters) as a result of an environment officer, maritime officer or other person in command of a Commonwealth ship or a Commonwealth aircraft:  (i) exercising his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or  (ii) making a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999; or  (iii) exercising powers under section 69 of the Maritime Powers Act 2013 in relation to the vessel;   because the environment officer, maritime officer or person in command had reasonable grounds to suspect that the vessel had been used or otherwise involved in the commission of an environment detention offence. Note: Subsection 33(10) also disapplies this section.  (4) In subsection (3): Australian resident has the same meaning as in the Fisheries Management Act 1991. Commonwealth aircraft has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. Commonwealth ship has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. Subdivision AA—Applications for visas 44  Extent of following Subdivisions  (1) This Subdivision and the later Subdivisions of this Division, other than this section, Subdivision AG and subsection 138(1), do not apply to criminal justice visas.  (2) This Subdivision and the later Subdivisions of this Division, other than this section and Subdivision AG, do not apply to enforcement visas. 45  Application for visa  (1) Subject to this Act and the regulations, a non‑citizen who wants a visa must apply for a visa of a particular class. 45AA  Application for one visa taken to be an application for a different visa Situation in which conversion regulation can be made  (a) a person has made a valid application (a pre‑conversion application) for a visa (a pre‑conversion visa) of a particular class; and  (b) the pre‑conversion visa has not been granted to the person, whether or not a migration decision has been made in relation to the pre‑conversion application; and  (c) since the application was made, one or more of the following events has occurred:  (i) the requirements for making a valid application for that class of visa change;  (ii) the criteria for the grant of that class of visa change;  (iii) that class of visa ceases to exist; and  (d) had the application been made after the event (or events) occurred, because of that event (or those events):  (i) the application would not have been valid; or  (ii) that class of visa could not have been granted to the person.  (2) To avoid doubt, under subsection (1) this section may apply in relation to:  (a) classes of visas, including protection visas and any other classes of visas provided for by this Act or the regulations; and  (b) classes of applicants, including applicants having a particular status; and  (c) applicants for a visa who are taken to have applied for the visa by the operation of this Act or the regulations. Example: If a non‑citizen applies for a visa, and then, before the application is decided, gives birth to a child, in some circumstances the child is taken, by the operation of the regulations, to have applied for a visa of the same class at the time the child is born (see regulation 2.08). Conversion regulation  (3) For the purposes of this Act, a regulation (a conversion regulation) may provide that, despite anything else in this Act, the pre‑conversion application for the pre‑conversion visa:  (a) is taken not to be, and never to have been, a valid application for the pre‑conversion visa; and  (b) is taken to be, and always to have been, a valid application (a converted application) for a visa of a different class (specified by the conversion regulation) made by the applicant for the pre‑conversion visa. Note: This section may apply in relation to a pre‑conversion application made before the commencement of the section (see the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014).  For example, a conversion regulation (made after the commencement of this section) could have the effect that a pre‑conversion application for a particular type of visa made on 1 August 2014 (before that commencement): (a) is taken not to have been made on 1 August 2014 (or ever); and (b) is taken to be, and always to have been, a converted application for another type of visa made on 1 August 2014.  (4) Without limiting subsection (3), a conversion regulation may:  (a) prescribe a class or classes of pre‑conversion visas; and  (b) prescribe a class of applicants for pre‑conversion visas; and  (c) prescribe a time (the conversion time) when the regulation is to start to apply in relation to a pre‑conversion application, including different conversion times depending on the occurrence of different events. Visa application charge  (5) If an amount has been paid as the first instalment of the visa application charge for a pre‑conversion application, then, at and after the conversion time in relation to the application:  (a) that payment is taken not to have been paid as the first instalment of the visa application charge for the pre‑conversion application; and  (b) that payment is taken to be payment of the first instalment of the visa application charge for the converted application, even if the first instalment of the visa application charge that would otherwise be payable for the converted application is greater than the actual amount paid for the first instalment of the visa application charge for the pre‑conversion application; and  (c) in a case in which the first instalment of the visa application charge payable for the converted application is less than the actual amount paid for the first instalment of the visa application charge for the pre‑conversion application, no refund is payable in respect of the difference only for that reason. Note: For the visa application charge, see sections 45A, 45B and 45C. Effect on bridging visas  (6) For the purposes of this Act, if, immediately before the conversion time for a pre‑conversion application, a person held a bridging visa because the pre‑conversion application had not been finally determined, then, at and after the conversion time, the bridging visa has effect as if it had been granted because of the converted application.  (7) For the purposes of this Act, if, immediately before the conversion time for a pre‑conversion application, a person had made an application for a bridging visa because of the pre‑conversion application, but the bridging visa application had not been finally determined, then, at and after the conversion time:  (a) the bridging visa application is taken to have been applied for because of the converted application; and  (b) the bridging visa (if granted) has effect as if it were granted because of the converted application. Note: This Act and the regulations would apply to a bridging visa to which subsection (6) or (7) applies, and to when the bridging visa would cease to have effect, in the same way as this Act and the regulations would apply in relation to any bridging visa.  For example, such a bridging visa would generally cease to be in effect under section 82 if and when the substantive visa is granted because of the converted application. Conversion regulation may affect accrued rights etc.  (8) To avoid doubt:  (a) subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to the effect of a conversion regulation (including a conversion regulation enacted by the Parliament); and  (b) subsection 7(2) of the Acts Interpretation Act 1901, including that subsection as applied by section 13 of the Legislation Act 2003, does not apply in relation to the enactment of this section or the making of a conversion regulation (including a conversion regulation enacted by the Parliament).