(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
(1) This section applies if:
(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.
(1) This section applies if:
(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
(3) If:
(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.
Definitions
(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.
76B Offence relating to monitoring conditions of certain bridging visas
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) any of the following applies:
(i) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future;
(ii) the visa was granted under section 195A;
(iii) if the non‑citizen has previously held other Bridging R (Class WR) visas—the first of those visas was granted under section 195A; and
(c) the visa is subject to a monitoring condition; and
(d) the person fails to comply with a requirement of the monitoring condition.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
(4) In this section:
monitoring condition is a mandatory condition that:
(a) requires the holder of a Subclass 070 (Bridging (Removal Pending)) visa to do any of the following things:
(i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;
(ii) to report at a specified time or times, and at a specified place or in a specified manner;
(iii) to attend at a specified place, on a specified day and at a specified time; and
(b) is not a prescribed condition.
76C Offence relating to requirement to remain at notified address
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring the person to remain, between certain times of a day, at a particular address for the person for the day; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
76D Offences relating to monitoring device and related monitoring equipment
Requirement to wear monitoring device at all times
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
Requirement to fit a monitoring device etc.
(2) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring the person to allow an authorised officer to fit, install, repair or remove:
(i) the person’s monitoring device; or
(ii) any related monitoring equipment for the person’s monitoring device; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
Requirements relating to good working order of monitoring device etc.
(3) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring the person to take any specified steps, and any other reasonable steps, to ensure that the following remain in good working order:
(i) the person’s monitoring device;
(ii) any related monitoring equipment for the person’s monitoring device; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(4) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring that, if the person becomes aware that:
(i) the person’s monitoring device is not in good working order; or
(ii) any related monitoring equipment for the person’s monitoring device is not in good working order;
the person must notify an authorised officer of that as soon as practicable; and
(c) the person fails to comply with the requirement of the condition.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Penalty: 5 years imprisonment or 300 penalty units, or both.
Exception
(6) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Definitions
(7) In this section:
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.
related monitoring equipment, for a monitoring device, means any electronic equipment necessary for operating the monitoring device.
76DAA Offence relating to requirement not to perform certain work etc.
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring that the person not perform any work, or participate in any regular organised activity, involving more than incidental contact with another person who is a minor or other vulnerable person; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
(3) For the purposes of paragraph (1)(b), it does not matter whether the work or activity is for reward or otherwise.
76DAB Offence relating to requirement not to go within certain distance of a school etc.
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the visa is subject to a condition requiring that the person not go within a particular distance of a school, childcare centre or day care centre; and
(c) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
76DAC Offence relating to requirement not to contact victim of offence etc.
(1) A person commits an offence if:
(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
(b) the person has been convicted of an offence involving violence or sexual assault; and
(c) the visa is subject to a condition requiring that the person not contact or attempt to contact:
(i) the victim of the offence; or
(ii) a member of the victim’s family; and
(d) the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
(3) Without limiting what may be taken to be a reasonable excuse for the purposes of subsection (2), it is, for the purposes of that subsection, a reasonable excuse for failing to comply with the requirement of the condition if:
(a) the person referred to in subparagraph (1)(c)(i) or (ii):
(i) is at least 16 years of age; and
(ii) voluntarily consents to the contact or attempted contact; and
(iii) has capacity to give that consent; or
(b) the contact or attempted contact is (or would, but for this Act or the regulations, be) required or authorised by or under a law of the Commonwealth, a State or a Territory.
76DA Mandatory 1 year imprisonment for offences
If a person is convicted of an offence against section 76B, 76C, 76D, 76DAA, 76DAB or 76DAC, the court must impose a sentence of imprisonment of at least 1 year.
76E Rules of natural justice do not apply to decision to grant certain bridging visas
(1) This section applies in relation to a decision to grant a non‑citizen a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) if the first visa is subject to one or more prescribed conditions.
(2) To avoid doubt, the rules of natural justice do not apply to the making of the decision.
(3) As soon as practicable after making the decision, the Minister must:
(a) give the non‑citizen, in the way that the Minister considers appropriate in the circumstances:
(i) a written notice that sets out the decision; and
(ii) any other prescribed information; and
(b) invite the person to make representations to the Minister, within the period and in the manner specified by the Minister, as to why the first visa should not be subject to one or more of the conditions prescribed for the purposes of subsection (1).
(4) The Minister must grant the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa (the second visa), under a prescribed provision of the regulations, that is not subject to any one or more of the conditions prescribed for the purposes of subsection (1) if:
(a) the non‑citizen makes representations in accordance with the invitation; and