76Bridging visa not affect visa applications

76  Bridging visa not affect visa applications  (1) The fact that a non‑citizen holds a bridging visa does not prevent or affect:  (a) an application by the non‑citizen for a visa of another class; or  (b) the grant of such a visa.  (2) To avoid doubt, the holding by a non‑citizen of a bridging visa is not to be taken to be, for the purposes of an application for a visa of another class, the holding of a visa. 76AAA  Cessation of certain bridging visas—holder has permission to enter and remain in another country  (1) This section applies in relation to a non‑citizen if:  (a) the non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; and  (b) the non‑citizen has permission (however described), granted by a foreign country, to enter and remain in that country; and  (c) the foreign country is a party to a third country reception arrangement (within the meaning of section 198AHB) that is in force; and  (d) none of the following apply:  (i) the non‑citizen has made a valid application for a protection visa that has not been finally determined;  (ii) the non‑citizen could not be removed to the foreign country because of subsection 197C(3) if the non‑citizen were an unlawful non‑citizen;  (iii) the non‑citizen is a child under 18. Note: The rules of natural justice do not apply in relation to third country reception arrangements: see section 198AHAA.  (2) The Minister must give the non‑citizen notice that this section applies in relation to the non‑citizen.  (3) The notice:  (a) must be given as soon as reasonably practicable after this section starts to apply in relation to the non‑citizen; and  (b) may be given orally or in writing.  (4) Despite any other provision of this Act or the regulations, the visa ceases to be in effect immediately after:  (a) if the notice is given by a method specified in section 494B—the non‑citizen is taken to have received the notice; or  (b) otherwise—the non‑citizen receives the notice. Note 1: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method. Note 2: The visa period for the visa ends when it ceases to be in effect under this subsection.  (5) The rules of natural justice do not apply to the giving of a notice under subsection (2).  (6) For the purposes of paragraph (1)(b), a permission to enter the foreign country may be unconditional or a permission to enter that is subject to the non‑citizen doing one or more things required by the foreign country that the non‑citizen is capable of doing before entering the country.  (7) If:  (a) notice (the earlier notice) is given to a non‑citizen under subsection (2) (including under a previous application of this subsection); and  (b) the non‑citizen is subsequently granted another Subclass 070 (Bridging (Removal Pending)) visa (the later visa); and  (c) this section starts to apply in relation to the non‑citizen after the later visa is granted; the Minister must give further notice under subsection (2) to the non‑citizen.  (8) For the purposes of paragraph (7)(c):  (a) the country in relation to which paragraph (1)(b) is satisfied may be the same as, or different from, the country in relation to which paragraph (1)(b) was satisfied for the earlier notice; but  (b) the permission in relation to which paragraph (1)(b) is satisfied must be granted after the granting of the later visa.  (9) This section does not affect the operation of other provisions of this Act or the regulations that have the effect that a Subclass 070 (Bridging (Removal Pending)) visa ceases to be in effect on the happening of a particular event, upon the holder ceasing to have a particular status or otherwise. 76A  Cessation of certain bridging visas, and grant of new visas, for certain non‑citizens  (a) a non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and  (b) the first visa was granted to the non‑citizen without an application for the first visa being made by the non‑citizen; and  (c) the first visa was granted during the period that:  (i) starts at the start of 8 November 2023; and  (ii) ends immediately before the commencement of this section; and  (d) at the time the first visa was granted, there was no real prospect of the removal of the non‑citizen from Australia becoming practicable in the reasonably foreseeable future.  (2) Despite any other provision of this Act or the regulations, the first visa ceases to be in effect immediately after the commencement of this section. Note: The visa period for the first visa ends when it ceases to be in effect under this subsection.  (3) Despite any other provision of this Act or the regulations:  (a) the non‑citizen is taken, immediately after the first visa ceases to be in effect under subsection (2), to have been granted another Subclass 070 (Bridging (Removal Pending)) visa (the second visa); and  (b) the second visa is taken to come into effect as soon as it is taken to be granted under paragraph (a) of this subsection. Note: The visa period for the second visa begins when it is taken to be granted.  (4) This Act and the regulations apply, after the commencement of this section, in relation to the second visa in the same way as they would apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa granted under the regulations.  (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the second visa is taken to be granted under paragraph (3)(a), apply in relation to the second visa:  (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;  (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the visa holder to remain in Australia;  (c) a provision specifying the mandatory conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (3)(a) is subject. 76AA  Effect of community safety order on visa held by non‑citizen etc.  (a) a community safety order is made in relation to a non‑citizen; and  (b) the order comes into force at a particular time (the relevant time). Non‑citizen who holds a visa (other than a criminal justice visa) at the relevant time  (2) If the non‑citizen holds a visa (other than a criminal justice visa) at the relevant time, then, despite any other provision of this Act or the regulations, the following apply:  (a) that visa ceases to be in effect at the relevant time;  (b) the non‑citizen is taken, immediately after the relevant time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);  (c) the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (b). Note: The visa period for the visa mentioned in paragraph (a) ends at the relevant time and the visa period for the BVR visa begins when it is taken to be granted. Non‑citizen who holds a criminal justice visa at the relevant time  (a) the non‑citizen holds a criminal justice visa at the relevant time; and  (b) the criminal justice visa ceases to be in effect at a particular time (the cessation time) during the period in which the community safety order is in force in relation to the non‑citizen; then, despite any other provision of this Act or the regulations, the following apply:  (c) the non‑citizen is taken, immediately after the cessation time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);  (d) the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (c). Note: The visa period for the BVR visa begins when it is taken to be granted. Matters relating to the BVR visa taken to be granted to the non‑citizen  (4) Subject to subsections (6) and (7), this Act and the regulations apply, after the commencement of this section, in relation to the BVR visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) in the same way as they would apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa granted under the regulations.  (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the BVR visa is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be), apply in relation to the BVR visa:  (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;  (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the visa holder to remain in Australia;  (c) a provision specifying the conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) is subject.  (6) The non‑citizen’s BVR visa must not be subject to either of the following conditions:  (a) a condition requiring the non‑citizen to remain, between certain times of a day, at a particular address for the non‑citizen for the day;  (b) a condition requiring the non‑citizen to wear a monitoring device. Minister must not do certain things while the community safety order is in force  (7) The Minister must not do either of the following at any time while the community safety order made in relation to the non‑citizen is in force:  (a) invite the non‑citizen, for the purposes of the regulations, to apply for another Subclass 070 (Bridging (Removal Pending)) visa;  (b) grant (whether or not on application) the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa under the regulations. Inconsistency between the community safety order and the BVR visa  (8) If:  (a) the community safety order that is in force in relation to the non‑citizen is a community safety supervision order; and  (b) at a particular time, one or more conditions (the supervision order conditions) are imposed on the non‑citizen by the community safety supervision order; and  (c) at that time, a condition to which the non‑citizen’s BVR visa is subject is inconsistent, in whole or in part, with any of the supervision order conditions; then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition to the extent of any such inconsistency.  (9) If:  (a) the community safety order made in relation to the non‑citizen is a community safety detention order; and  (b) the non‑citizen is unable, at a particular time, to comply with a condition to which the non‑citizen’s BVR visa is subject; and  (c) the non‑citizen is unable to comply with the condition only because the community safety detention order is in force in relation to the non‑citizen at that time; then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition.  (10) Subsections (8) and (9) do not apply at any time while the community safety order made in relation to the non‑citizen is suspended.  (11) In this section: community safety detention order has the same meaning as in Division 395 of the Criminal Code. community safety order means a community safety detention order or a community safety supervision order. community safety supervision order has the same meaning as in Division 395 of the Criminal Code. monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.