(a) before the commencement day, the person identified in the nomination applied for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination; and
(b) within 12 months after the day on which the nomination is approved, the person applies to the Tribunal for review of a decision to refuse to grant the visa.
(16) Despite the repeal of subregulation 4.02(4C) by the amending regulations, that subregulation, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply, on and after the commencement day, in relation to a decision under subsection 140GA(2) of the Act not to vary a term specified in an approval, if the application for the variation was made before the commencement day, as if the reference in that subregulation to the criteria in paragraphs 2.68(e) and (f) were a reference to the criterion in paragraph 2.68(g).
6705 Application provisions in relation to nominations under regulation 5.19
(1) Despite the amendments of regulation 5.19 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 an application for approval of the nomination of a position made before the commencement day.
(2) Despite the amendments of paragraph 1114B(3)(d) of Schedule 1 made by the amending regulations, that paragraph, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply in relation to a position nominated, before the commencement day, in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.
(3) Despite the amendments of clauses 186.223, 186.233, 187.223 and 187.233 of Schedule 2 made by the amending regulations, those clauses, as in force immediately before the commencement of Schedule 1 to the amending regulations, continue to apply in relation to a position nominated in an application made under regulation 5.19 before the commencement day.
(4) Despite the amendments of clause 186.242 of Schedule 2 made by the amending regulations, that clause, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply in relation to a position nominated, before the commencement day, in accordance with a labour agreement that is in effect, by an employer that is a party to the labour agreement.
(5) Despite the amendments of clauses 186.221, 186.241, 186.243, 187.221 and 187.234 of Schedule 2 made by the amending regulations, those clauses, as in force immediately before the commencement of Schedule 1 to the amending regulations, continue to apply in relation to a visa application made before the commencement day.
(6) Clauses 186.225 and 187.225 of Schedule 2, as inserted by the amending regulations, apply in relation to a visa application made on or after the commencement day.
Part 68—Amendments made by the Migration Legislation Amendment (2018 Measures No. 1) Regulations 2018
6801 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2018 Measures No. 1) Regulations 2018 apply in relation to an application for a visa made on or after 13 April 2018.
6802 Operation of Schedule 2
The amendment of regulation 2.06AAB made by Schedule 2 to the Migration Legislation Amendment (2018 Measures No. 1) Regulations 2018 applies in relation to an application for a visa made on or after 13 April 2018.
Part 69—Amendments made by the Migration Amendment (Offshore Resources Activity) Regulations 2018
6901 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Offshore Resources Activity) Regulations 2018 apply in relation to maritime crew visas granted before, on or after the commencement of that Schedule.
Part 70—Amendments made by the Migration Amendment (Investor Retirement Visa) Regulations 2018
7001 Operation of Schedule 1
The amendment of these Regulations made by Schedule 1 to the Migration Amendment (Investor Retirement Visa) Regulations 2018 applies in relation to a visa application made on or after 1 June 2018.
Part 71—Amendments made by the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018
7101 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018 apply in relation to an application for a visa made on or after 1 July 2018.
7102 Operation of Schedule 2
The amendment of these Regulations made by Schedule 2 to the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018 applies in relation to an application for a visa made on or after 1 July 2018 in response to an invitation given by the Minister on or after that day.
Part 72—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2018
7201 Operation of amendments
The amendments of these Regulations made by the Migration Amendment (Visa Application Charges) Regulations 2018 apply in relation to visa applications made on or after 1 July 2018.
Part 73—Amendments made by the Migration Amendment (Pacific Labour Scheme) Regulations 2018
7301 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Pacific Labour Scheme) Regulations 2018 apply in relation to visa applications made on or after 1 July 2018.
Part 74—Amendments made by the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018
7401 Operation of Schedule 1
The amendments of regulations 4.13 and 4.31B made by Schedule 1 to the Court and Tribunal Legislation Amendment (Fees and Juror Remuneration) Regulations 2018 apply in relation to an application for review made on or after 1 July 2018.
Part 75—Amendments made by the Migration Amendment (Machinery of Government) Regulations 2018
7501 Operation of Schedule 1
(1) The amendment of these Regulations made by item 6 of Schedule 1 to the Migration Amendment (Machinery of Government) Regulations 2018 applies in relation to visa applications made on or after 5 August 2018.
(2) The amendments of these Regulations made by items 7 and 8 of Schedule 1 to the Migration Amendment (Machinery of Government) Regulations 2018 apply in relation to:
(a) visa applications made, but not finally determined, before 5 August 2018; and
(b) visa applications made on or after 5 August 2018.
Part 76—Amendments made by the Migration Amendment (Skilling Australians Fund) Regulations 2018
7601 Definitions
In this Part:
amending regulations means the Migration Amendment (Skilling Australians Fund) Regulations 2018.
commencement day means 12 August 2018.
7602 Operation of amendments
(1) Subregulation 2.72(10A), as inserted by the amending regulations, applies in relation to a nomination made on or after 18 March 2018 that is not finally determined before the commencement day.
(2) The amendments of subregulation 2.72(16) made by the amending regulations apply in relation to a nomination made on or after 18 March 2018 that is not finally determined before the commencement day.
(3) The amendments of regulation 2.73AA made by the amending regulations apply in relation to a nomination made on or after the commencement day.
(4) The amendments of regulation 2.75 made by the amending regulations apply in relation to a nomination made on or after 18 March 2018.
(5) A person is not required to comply with subregulation 2.87B(2) or (3) in relation to a period of 12 months ending on or after the commencement day.
(6) Despite the repeal of paragraphs 5.19(5)(i) and 5.19(10)(c) by the amending regulations, those paragraphs, as in force immediately before the commencement day, continue to apply in relation to an application for approval of a nomination made before the commencement day.
(7) Regulation 5.37A, as inserted by the amending regulations, applies in relation to a nomination the application for approval of which is made on or after the commencement day.
Part 78—Amendments made by the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018
7801 Operation of Schedule 1
The amendments of these Regulations made by items 1 to 76 of Schedule 1 to the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018 apply in relation to visa applications made on or after 17 November 2018.
Part 80—Amendments made by the Migration Amendment (Enhanced Integrity) Regulations 2018
8001 Operation of Part 2 of Schedule 1
The amendments of these Regulations made by Part 2 of Schedule 1 to the Migration Amendment (Enhanced Integrity) Regulations 2018 apply in relation to decisions made after that Part commences.
Part 81—Amendments made by the Migration Amendment (New Skilled Regional Visas) Regulations 2019
8101 Transitional provisions in relation to Subclass 187 (Regional Sponsored Migration Scheme) visa
(1) This clause applies in relation to a nomination under regulation 5.19 if:
(a) the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa; and
(b) the person identified in the nomination:
(i) did not apply for a Subclass 187 (Regional Sponsored Migration Scheme) visa on the basis of the nomination on or before 16 November 2019; and
(ii) if the nomination relates to a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream—is not a transitional 457 worker, or transitional 482 worker, on 16 November 2019.
Applications for approval of nominations that are not decided before 16 November 2019
(2) An application for approval of the nomination is taken to be withdrawn on 16 November 2019 if:
(a) the Minister did not approve, and did not refuse to approve, the nomination under subregulation 5.19(3) on or before 15 November 2019; and
(b) the application was not withdrawn on or before 15 November 2019.
Refund of nomination training contribution charge
(3) The Minister must refund any nomination training contribution charge mentioned in paragraph 5.19(2)(fa) paid in relation to the nomination if:
(a) either:
(i) the application for approval of the nomination is taken to be withdrawn under subclause (2) of this clause; or
(ii) the Minister refused to approve the nomination under subregulation 5.19(3)(b), and on 16 November 2019 the application for approval is not finally determined; and
(b) the Minister:
(i) receives a written request for a refund from the person who paid the charge; or
(ii) considers it is reasonable in the circumstances to refund the charge to the person who paid the charge without receiving a written request for a refund.
(4) The Minister may refund any nomination training contribution charge mentioned in paragraph 5.19(2)(fa) paid in relation to the nomination if:
(a) the Minister approved the nomination under paragraph 5.19(3)(a) on or before 15 November 2019; and
(b) the Minister:
(i) receives a written request for a refund from the person who paid the charge; or
(ii) considers it is reasonable in the circumstances to refund the charge to the person who paid the amount without receiving a written request for a refund.
(5) A refund under subclause (3) or (4) must be paid to the person who paid the charge.
Part 82—Amendments made by the Migration Amendment (Chest X‑ray Requirements) Regulations 2019
8201 Operation of Schedule 1
The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Chest X‑ray Requirements) Regulations 2019 apply in relation to:
(a) applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made, but not finally determined, before 2 March 2019; and
(b) applications for Subclass 785 (Temporary Protection) visas or Subclass 790 (Safe Haven Enterprise) visas made on or after 2 March 2019.
Part 84—Amendments made by the Migration Amendment (Working Holiday Maker) Regulations 2019
8401 Operation of Schedule 1
The amendments of these Regulations made by items 1 to 16 of Schedule 1 to the Migration Amendment (Working Holiday Maker) Regulations 2019 apply in relation to visa applications made on or after 1 July 2019.
Part 85—Amendments made by the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019
8501 Definitions
In this Part:
amending regulations means the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019.
commencement day means the day Schedule 3 to the amending regulations commences.
8502 Operation of Schedule 3
(1) Subject to subclauses (2) and (3), the amendments of these Regulations made by Schedule 3 to the amending regulations apply in relation to the following:
(a) a visa application made on or after the commencement day;
(b) a visa granted on or after the commencement day if the application for the visa was made on or after the commencement day.
(2) If:
(a) an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and
(b) the applicant is seeking to satisfy the primary criteria for the grant of the visa; and
(c) either:
(i) the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or
(ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;
then, despite the amendment of paragraph 405.228(5)(a) of Schedule 2 to these Regulations made by item 5 of Schedule 3 to the amending regulations, that paragraph, as in force immediately before the commencement day, continues to apply in relation to the application.
(3) If:
(a) an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and
(b) the applicant is seeking to satisfy the secondary criteria for the grant of the visa; and
(c) either:
(i) the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or
(ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;
then, despite the amendment of subclause 405.330(2) of Schedule 2 to these Regulations made by item 6 of Schedule 3 to the amending regulations, that subclause, as in force immediately before the commencement day, continues to apply in relation to the application.
Part 86—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2019
8601 Operation of Part 1 of Schedule 1
The amendments of these Regulations made by Division 1 of Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2019 apply in relation to visa applications made on or after 1 July 2019.
8602 Operation of Part 2 of Schedule 1
The amendments of these Regulations made by Division 1 of Part 2 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2019 apply in relation to visa applications made on or after 16 November 2019.
Part 87—Amendments made by the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019
8701 Operation of Schedule 2
The amendments of these Regulations made by items 1 and 2 of Schedule 2 to the Home Affairs Legislation Amendment (2019 Measures No. 1) Regulations 2019 apply in relation to visa applications made on or after 16 November 2019.
Part 88—Amendments made by the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019
8801 Operation of Schedule 1
The amendments of regulation 4.02 of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019 apply in relation to a decision to refuse to grant a visa if the decision is made on or after the commencement of this clause, whether the visa application was made before, on or after that commencement.
8802 Operation of Schedule 2
The amendments of Schedule 2 to these Regulations made by Schedule 2 to the Migration Amendment (Subclass 600 and 870 Visas) Regulations 2019 apply in relation to a visa if the application for the visa is made on or after 29 February 2020.
Part 89—Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 1) Regulations 2020
8901 Operation of Schedule 2
An approval of a person or body as the relevant assessing authority for a skilled occupation:
(a) made under subregulation 2.26B(1A); and
(b) in force immediately before 29 March 2020;
has effect, from 29 March 2020, as if it were:
(c) an approval of that person or body as the relevant assessing authority for:
(i) that occupation; and
(ii) all countries; and
(d) made under subregulation 2.26B(1B).
Part 90—Amendments made by the Migration Amendment (Hong Kong Passport Holders) Regulations 2020
9001 Subclass 457 visas
(1) This clause applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and
(b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa; and
(c) on the date of grant of the visa, the holder holds a Hong Kong passport.
(2) This clause also applies to a Subclass 457 (Temporary Work (Skilled)) visa if:
(a) the visa is in effect on or after 9 July 2020 (whether the visa was granted before, on or after 9 July 2020); and