(c) an application for a variation of a term of an approval as a sponsor made on or after 19 November 2016;
(d) a nomination made under subsection 140GB(1) of the Act on or after 19 November 2016, including such a nomination made:
(i) by an approved sponsor that was approved as a sponsor as a result of an application for approval made before, on or after 19 November 2016; or
(ii) in relation to an application for a visa made before, on or after 19 November 2016.
(2) If:
(a) before 19 November 2016, a person applies for approval in relation to any of the following classes of sponsor:
(i) a long stay activity sponsor;
(ii) a training and research sponsor;
(iii) a special program sponsor;
(iv) an entertainment sponsor;
(v) a superyacht crew sponsor;
(vi) a professional development sponsor; and
(b) the Minister has not approved, or refused to approve, the person as a sponsor in relation to that class of sponsor; and
(c) after 18 May 2017, the person gives the Minister a written notice withdrawing the application;
the application is taken to be withdrawn, and the Minister may refund the fee paid in accordance with regulation 2.61 in relation to the application.
(3) If:
(a) before 19 November 2016, an approved sponsor makes a nomination under subsection 140GB(1) of the Act identifying a proposed applicant for:
(i) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or
(ii) a Subclass 402 (Training and Research) visa; or
(iii) a Subclass 420 (Temporary Work (Entertainment)) visa; and
(b) the proposed applicant does not apply for the visa before 19 November 2016; and
(c) the Minister has not approved, or refused to approve, the nomination; and
(d) the approved sponsor gives the Minister a written notice withdrawing the nomination;
the nomination is taken to be withdrawn, and the Minister may refund the fee paid in accordance with regulation 2.73A in relation to the nomination.
Note: Parts 5 and 6 of Schedule 1 to the Migration Amendment (Temporary Activity Visas) Regulation 2016 commence on 19 November 2016.
Part 61—Amendments made by the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017
6101 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Working Holiday Maker Visa Application Charges) Regulations 2017 apply in relation to an application for a visa made on or after the commencement of that Schedule.
Part 62—Amendments made by the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017
6201 Operation of Schedule 1
(1) The amendments of item 1216 of Schedule 1 to these Regulations made by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to the following:
(a) an application for a visa which, in accordance with subregulation (2), is taken to have been made before 18 April 2017;
(b) an application for a visa made on or after 18 April 2017.
(2) If:
(a) before 18 April 2017, an applicant (the child) made or purported to make an application for a visa on the basis that clause 159.311 of Schedule 2 is satisfied in relation to another applicant whose application was covered by paragraph 1216(3A)(a) or (b) of Schedule 1; and
(b) clause 159.311 of Schedule 2 would not be satisfied only because the child’s application could not be combined with the application made by the other applicant as referred to in paragraph 1216(3B)(c) as in force at the time the child’s application was made or purportedly made; and
(c) had the child’s application been made on 18 April 2017, it could have been combined with the application made by the other applicant as referred to in paragraph 1216(3B)(ca) as inserted by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017;
the child’s application is taken to have been made at the same time and place as, and combined with, the application made by the other applicant.
6202 Operation of Schedule 2
(1) The amendments of clauses 785.511 and 790.511 of Schedule 2 to these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to visas granted before, on or after 18 April 2017.
(2) Other amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 1) Regulations 2017 apply in relation to the following:
(a) an application for a visa made before, but not finally determined by, 18 April 2017;
(b) an application for a visa made on or after 18 April 2017.
Part 63—Amendments made by Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017
6301 Amendments relating to Subclass 189 (Skilled—Independent) visas
(1) The amendments to these Regulations made by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 apply in relation to an application for a Subclass 189 (Skilled—Independent) visa made on or after 1 July 2017, subject to subclause (2).
Note: Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 commences on 1 July 2017.
(2) However, the amendments do not apply in relation to an application for a Subclass 189 (Skilled—Independent) visa, if:
(a) both:
(i) the application is made in response to an invitation given by the Minister before 1 July 2017; and
(ii) the application is made on or after 1 July 2017; or
(b) both:
(i) the applicant claims to be a member of the family unit of an applicant (the primary applicant) to whom paragraph (a) applies; and
(ii) the application is combined with the application made by the primary applicant.
6302 Operation of Schedule 2
The amendments made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 apply in relation to departures from Australia occurring on or after 1 July 2017.
Part 64—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2017
6401 Operation of amendments
(1) The amendments of these Regulations made by the Migration Amendment (Visa Application Charges) Regulations 2017 apply in relation to applications for visas made on or after 1 July 2017.
(2) To avoid doubt, subclause (1) applies despite clause 6301 of this Schedule.
Part 65—Amendments made by the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017
6501 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to:
(a) an application for a visa made, but not finally determined, before 1 July 2017; and
(b) an application for a visa made on or after 1 July 2017.
6502 Operation of Schedule 2
The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to cancellation of a visa on or after 1 July 2017, whether the visa was granted before, on or after that day.
6503 Operation of Schedule 3
The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a Medical Treatment (Visitor) (Class UB) visa made on or after 1 July 2017.
6504 Operation of Schedule 5
(1) The amendments of regulation 1.03 and paragraphs 461.212(2)(a) and (b) of Schedule 2 made by Schedule 5 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a visa made on or after 1 July 2017.
(2) The amendments of regulation 2.16 made by Schedule 5 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to the grant of a visa on or after 1 July 2017.
6505 Operation of Schedule 6
Employer nominations
(1) The amendments of these Regulations made by Part 1 of Schedule 6 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for the approval of a nomination, if the application is made on or after 1 July 2017.
Nominated and sponsored skilled visas
(2) Subject to subclause (3), the amendments of these Regulations made by Part 2 of Schedule 6 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a visa made on or after 1 July 2017.
(3) However, the amendments of subitems 1138(4) and 1230(4) of Schedule 1 to these Regulations made by that Part do not apply in relation to an application for a visa if:
(a) both:
(i) the application is made in response to an invitation given by the Minister before 1 July 2017; and
(ii) the application is made on or after 1 July 2017; or
(b) both:
(i) the applicant claims to be a member of the family unit of an applicant (the primary applicant) to whom paragraph (a) applies; and
(ii) the application is combined with the application made by the primary applicant.
Refunds
(4) The amendments of these Regulations made by Part 3 of Schedule 6 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to withdrawing a visa application on or after 1 July 2017, whether the visa application was made before, on or after 1 July 2017.
6506 Operation of Schedule 8
(1) The amendments of these Regulations made by items 1 and 2 of Schedule 8 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a visa made on or after 1 July 2017.
(2) The amendment of these Regulations made by item 3 of Schedule 8 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 applies in relation to an application for a visa made on or after 1 July 2017, whether the relevant employment or study occurred before, on or after 1 July 2017.
6507 Operation of Schedule 9
The amendments of these Regulations made by Schedule 9 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a visa made on or after 1 July 2017.
6508 Operation of Schedule 11
The amendments of these Regulations made by Schedule 11 to the Migration Legislation Amendment (2017 Measures No. 3) Regulations 2017 apply in relation to an application for a visa made on or after 1 July 2017.
Part 66—Amendments made by the Migration Amendment (Specification of Occupations) Regulations 2017
6601 Application of instruments made for purposes of paragraph 2.72(10)(aa)
(1) This clause applies to an instrument made:
(a) for the purposes of paragraph 2.72(10)(aa) of these Regulations as amended by Schedule 1 to the Migration Amendment (Specification of Occupations) Regulations 2017; and
(b) after the Migration Amendment (Specification of Occupations) Regulations 2017 are made.
(2) The instrument may be expressed to apply in relation to nominations of occupations:
(a) made on or after the day the instrument commences; or
(b) made and not finally determined before the day the instrument commences;
regardless of whether, for a nomination in relation to an applicant for a visa, the application was made before, on or after that day.
(3) If the instrument is expressed to apply in that way, the instrument has effect accordingly.
Part 67—Amendments made by the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018
6701 Definitions
In this Part:
amending regulations means the Migration Legislation Amendment (Temporary Skill Shortage Visa and Complementary Reforms) Regulations 2018.
commencement day means 18 March 2018.
6702 Application provisions in relation to visa applications
(1) The amendments of regulations 1.12, 2.06AAB and 2.25A made by the amending regulations apply in relation to an application for a visa made on or after the commencement day.
(2) Despite the repeal of the following provisions by the amending regulations, those provisions (including any instruments made under them), as in force immediately before the commencement of Schedule 1 to the amending regulations, continue to apply in relation to an application for a visa made before the commencement day:
(a) the definition of base rate of pay in regulation 2.57;
(b) item 1223A of Schedule 1;
(c) Part 457 of Schedule 2;
(d) clause 4006A of Schedule 4.
(3) These Regulations and the provisions mentioned in subclause (2) (including any instruments made under them) apply on and after the commencement day as if section 8 of the Migration (IMMI 17/057: English Language Requirements for Subclass 457 visas) Instrument 2017 specified “Total band score 35” as the minimum band score for the TOEFL iBT English test.
6703 Application provision in relation to adverse information and adverse supporter information
Despite the amendments of regulations 1.13A and 1.13B and clause 408.112 of Schedule 2 made by the amending regulations, those provisions, as in force immediately before the commencement of Schedule 1 to the amending regulations, continue to apply in relation to any of the following made before the commencement day:
(a) an application for approval as a standard business sponsor or temporary activities sponsor;
(b) a nomination under subsection 140GB(1) of the Act;
(c) an application under regulation 5.19;
(d) an application for a visa.
6704 Application and transitional provisions in relation to amendments of Part 2A
(1) The amendments of Divisions 2.13 and 2.14 made by the amending regulations apply in relation to an application for approval as a standard business sponsor or temporary activities sponsor made on or after the commencement day.
(2) Paragraphs 2.59(d), (e), (i) and (j) do not apply in relation to an application for approval as a standard business sponsor made, but not finally determined, before the commencement day.
(3) The amendments of Division 2.15 made by the amending regulations apply in relation to an approval as a standard business sponsor, temporary activities sponsor or temporary work sponsor if the application for the approval was made on or after the commencement day.
(4) The amendments of Division 2.16 made by the amending regulations apply in relation to an application made on or after the commencement day for a variation of a term of an approval.
(5) Paragraphs 2.68(e), (f), (j) and (k) do not apply in relation to an application made, but not finally determined, before the commencement day for a variation of a term of an approval as a standard business sponsor.
(6) Despite:
(a) the repeal of the definition of base rate of pay in subregulation 2.57(1); and
(b) the amendments of regulation 2.72;
by the amending regulations, those provisions (including any instruments made under them), as in force immediately before the commencement of Schedule 1 to the amending regulations, continue to apply in relation to a nomination of an occupation made before the commencement day in relation to:
(c) a holder of a Subclass 457 (Temporary Work (Skilled)) visa; or
(d) an applicant or a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa, if the applicant or proposed applicant applied for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day.
(7) Despite the amendments of regulation 2.73 made by the amending regulations, that regulation (including any instruments made under it), as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply in relation to a nomination made before the commencement day of an occupation in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Temporary Work (Skilled)) visa.
(8) Regulation 2.73AA, as inserted by the amending regulations, applies in relation to a nomination made on or after the commencement day.
(9) The Minister may refund the fee paid in relation to a nomination made before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the nomination is approved under section 140GB of the Act before the commencement day; and
(b) the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day; and
(c) the Minister:
(i) receives a written request for a refund from the person who paid the fee; or
(ii) considers it is reasonable in the circumstances to refund the amount to the person who paid the fee without receiving a written request for a refund.
(10) The Minister may refund the fee paid in relation to a nomination made, but not finally determined, before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day.
(11) A refund under subclause (9) or (10) must be paid to the person who paid the fee.
(12) A refund under subclause (9) or (10) may be paid:
(a) in Australian currency; or
(b) if the amount of the fee in respect of which the refund is being paid was paid in another currency, in that other currency.
(13) The amendments of regulation 2.74 made by the amending regulations apply in relation to a nomination made on or after the commencement day.
(14) Despite the amendments of regulation 2.75 made by the amending regulations, that regulation, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply in relation to a nomination made before the commencement day.
(15) However, paragraph 2.75(2)(b) does not apply in relation to a nomination made before the commencement day if: