The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 (the amending regulation) apply in relation to any pre‑conversion application (within the meaning of subregulation 2.08F(1)) including, but not limited to, a pre‑conversion application that is the subject of a proceeding in any court that has not been concluded immediately before the commencement of Schedule 1 to the amending regulation.
Part 47—Amendments made by the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015
4701 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 apply in relation to an application for a visa made on or after the day that regulation commences.
Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015
4801 Operation of Schedules 1 to 4
The amendments of these Regulations made by Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 21 November 2015.
Note: Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.
4802 Operation of Schedule 5
(1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015.
(2) However, to the extent that the application relates to work carried out before 1 December 2015, paragraph 417.211(5)(c) of Schedule 2 (as amended by the amendments referred to in subclause (1)) does not apply in relation to that work.
Note: Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 1 December 2015.
4803 Operation of Schedule 6
The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 21 November 2015;
(b) an application made on or after 21 November 2015.
Note: Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 21 November 2015.
Part 49—Amendments made by the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015
(1) The amendment of these Regulations made by item 1 of Schedule 1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015 applies in relation to an application for approval of a nomination made on or after the commencement of the item.
(2) The amendment of these Regulations made by item 2 of Schedule 1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015 applies to a work agreement entered into on or after the commencement of the item.
(3) The amendments of these Regulations made by items 3 and 4 of Schedule 1 to the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015 apply in relation to a visa granted on or after the commencement of the items.
Part 50—Amendments made by the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014
5000 Operation of Divisions 1 and 3 of Part 4 of Schedule 2
The amendments of these Regulations made by Divisions 1 and 3 of Part 4 of Schedule 2 to the Migration Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 apply in relation to:
(a) a visa application made on or after the commencement of Division 1 of that Part; and
(b) a visa application that is taken to be, and always to have been, a valid application for a Temporary Protection (Class XD) visa by the operation of paragraph 2.08F(1)(b) of these Regulations (as inserted by Division 2 of that Part).
Note: Regulation 2.08F applies, by its own terms, in relation to some protection visa applications made before the commencement of that Part.
Part 51—Amendments made by the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015
5101 Operation of Schedule 1
(1) The amendments of these Regulations made by items 9 and 11 to 14 of Schedule 1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015 apply in relation to a nomination made after the commencement of those items.
(2) The amendment of these Regulations made by item 15 of Schedule 1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015 applies in relation to an application for approval of a nomination made after the commencement of that item.
(3) The amendments of these Regulations made by items 21 to 27 of Schedule 1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015 apply in relation to an application for a visa made after the commencement of those items.
(4) The amendments of these Regulations made by items 28, 29, 31 to 35, 37 to 39, 41, 42, 44 to 47 and 49 to 51 of Schedule 1 to the Migration Amendment (Charging for a Migration Outcome and Other Measures) Regulation 2015 apply in relation to:
(a) an application for a visa made, but not finally determined, before the commencement of those items; and
(b) an application for a visa made after the commencement of those items.
Part 52—Amendments made by the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015
5201 Operation of Schedule 1
(1) The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 apply in relation to an application for a visa made on or after 14 December 2015.
(2) The amendment of these Regulations made by Part 2 of Schedule 1 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 applies in relation to:
(a) a decision (a remittal decision) by the Immigration Assessment Authority to remit a fast track reviewable decision for reconsideration, if the remittal decision is made on or after 14 December 2015; and
(b) a fast track reviewable decision that is the subject of a remittal decision, whether the fast track reviewable decision is made before, on or after 14 December 2015.
(3) The amendments of these Regulations made by Part 3 of Schedule 1 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 apply in relation to an application for a visa made on or after 14 December 2015.
Note: Schedule 1 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 commences on 14 December 2015.
5202 Operation of Schedule 2
Personal identifier required before 16 February 2016
(1) Subitem (2) applies if:
(a) before 16 February 2016, a person was required to provide a personal identifier under:
(i) section 46, 166, 170, 175 or 188 of the Act; or
(ii) regulation 2.04; and
(b) immediately before 16 February 2016, both of the following apply:
(i) the person had not complied with the requirement;
(ii) the period for complying with the requirement had not ended.
(2) Despite the amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015, these Regulations continue to apply in relation to the requirement as if those amendments had not been made.
Visa application made (but not finally determined) before 16 February 2016, but personal identifier not required
(3) The amendment of these Regulations made by item 1 of Schedule 2 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 applies, subject to subitem (2), to the following applications for visas:
(a) an application made, but not finally determined, before 16 February 2016;
(b) an application made on or after 16 February 2016.
Note: Schedule 2 to the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015 commences on 16 February 2016.
Part 53—Amendments made by the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016
5301 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016 apply in relation to an application for a visa made on or after 15 March 2016.
Note: Schedule 1 to the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016 commences on 15 March 2016.
Part 54—Amendments made by the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016
5401 Operation of Schedule 1
(1) The amendment of these Regulations made by item 1 of Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 applies on and after 19 April 2016.
(2) The amendments of these Regulations made by items 2 and 3 of Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 apply in relation to:
(a) an application for approval of a sponsor:
(i) made, but not finally determined, before 19 April 2016; or
(ii) made on or after 19 April 2016; and
(b) an application for the variation of the terms of an approval of a sponsor:
(i) made, but not finally determined, before 19 April 2016; or
(ii) made on or after 19 April 2016.
(3) The amendment of these Regulations made by item 4 of Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 applies in relation to discriminatory recruitment practices engaged in on or after 19 April 2016 by a standard business sponsor or a former standard business sponsor.
Note: Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 commences on 19 April 2016.
5402 Operation of Schedule 2
(1) The amendment of these Regulations made by item 1 of Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 applies in relation to an application for a visa made on or after 19 April 2016.
(2) The amendments of these Regulations made by items 2 to 4 of Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 apply in relation to the following:
(a) an application for a visa made, but not finally determined, before 19 April 2016;
(b) an application for a visa made on or after 19 April 2016.
Note: Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 commences on 19 April 2016.
5403 Operation of Schedule 3
The amendment of these Regulations made by item 1 of Schedule 3 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 applies in relation to the following applications for a visa:
(a) an application made, but not finally determined, before 19 April 2016;
(b) an application made on or after 19 April 2016.
Note: Schedule 3 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 commences on 19 April 2016.
5404 Operation of Schedule 4
(1) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 (other than items 44, 48 and 49 of that Schedule) apply in relation to an application for a visa made on or after 1 July 2016.
(2) The amendments of these Regulations made by items 44, 48 and 49 of Schedule 4 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 apply in relation to a visa granted before, on or after 1 July 2016.
Note: Schedule 4 to the Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 commences on 1 July 2016.
Part 55—Amendments made by the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016
5501 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply to the making of applications for Return (Residence) (Class BB) visas on or after 10 September 2016.
5502 Operation of Schedules 2 and 3
The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to payment of fees and charges on or after 10 September 2016.
5503 Operation of Schedule 4
The amendment of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 applies to non‑citizens born before, on or after 10 September 2016.
5504 Operation of Schedule 6
The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 apply in relation to an application for any of the following visas made on or after 18 November 2016:
(a) a Prospective Marriage (Temporary) (Class TO) visa;
(b) a Partner (Provisional) (Class UF) visa;
(c) a Partner (Temporary) (Class UK) visa.
Note: Schedule 6 to the Migration Legislation Amendment (2016 Measures No. 3) Regulation 2016 commences on 18 November 2016.
Part 56—Amendments made by the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016
5601 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 apply in relation to an application for a visa made on or after 10 September 2016.
Note: Schedule 1 to the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 commences on 10 September 2016.
Part 57—Amendments made by the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016
5701 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 apply to a visa granted on or after 19 November 2016.
5702 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 apply in relation to an application for a visa made on or after 19 November 2016.
5703 Operation of Schedule 3
The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 apply to the provision of information in connection with an identification test carried out on or after 19 November 2016.
5704 Operation of Schedule 4
(1) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016 apply in relation to:
(a) an application for a visa made on or after 19 November 2016; or
(b) a visa granted as a result of such an application.
(2) To avoid doubt, despite the amendment of subparagraph 3.01(2)(e)(ii), regulation 3.01 (as amended) does not apply to a person who:
(a) enters Australia on a non‑military ship; and
(b) holds a Subclass 988 (Maritime Crew) visa that was granted (before, on or after 19 November 2016):
(i) as a result of an application made before 19 November 2016; and
(ii) on the basis that the person was a dependent child of a member of the crew of that non‑military ship.
(3) Despite subclause (1), the amendment of subparagraph 457.511(d)(iv) of Schedule 2 applies to a visa granted to a person on or after 19 November 2016, whether it was granted:
(a) on the basis that he or she was a member of the family unit of the holder of a visa in the circumstances described in subregulation 1.12(10) (as in force before 19 November 2016); or
(b) as a result of an application made on or after 19 November 2016.
Part 58—Amendments made by the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016
5801 Operation of Schedule 1
(1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016 apply in relation to an application for a visa made on or after 19 November 2016.
(2) To avoid doubt, an instrument in force under subregulation 2.07(5) immediately before 19 November 2016 continues in force on and after that day regardless of the amendments of that subregulation made by Schedule 1 to the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016.
5802 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016 apply in relation to a bridging visa granted on or after 19 November 2016.
Part 59—Amendments made by the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016
5901 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Treasury Laws Amendment (Working Holiday Maker Reform) Act 2016 apply in relation to an application for a visa made on or after the commencement of that Schedule.
Part 60—Amendments made by the Migration Amendment (Temporary Activity Visas) Regulation 2016
6001 Operation of Parts 3 and 4 of Schedule 1
The amendments of these Regulations made by Parts 3 and 4 of Schedule 1 to the Migration Amendment (Temporary Activity Visas) Regulation 2016 apply in relation to an application for a visa made on or after 19 November 2016.
Note: Parts 3 and 4 of Schedule 1 to the Migration Amendment (Temporary Activity Visas) Regulation 2016 commence on 19 November 2016.
6002 Operation of Parts 5 and 6 of Schedule 1
(1) The amendments of these Regulations made by Parts 5 and 6 of Schedule 1 to the Migration Amendment (Temporary Activity Visas) Regulation 2016 apply in relation to the following:
(a) an application for a visa made on or after 19 November 2016;
(b) an application for approval as a sponsor made on or after 19 November 2016;