# Transitional arrangements > sch-13 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text Schedule 13—Transitional arrangements (regulation 5.45) Part 1—Amendments made by Migration Amendment Regulation 2012 (No. 2) 101 Operation of Schedule 1 (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to: (a) an application for a visa made on or after 1 July 2012; and (b) an application for approval of a nomination made on or after 1 July 2012. (2) However, the repeal of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations. (3) Despite subregulations 5.19(1) to (7), an application to the Minister for approval of a nominated position as an approved appointment made before 1 July 2012 is to be dealt with in accordance with these Regulations as in force immediately before that day. Note: Regulation 5.19 was amended on 1 July 2012, including changes to terminology and concepts that had been used in that regulation before that day. 102 Operation of Schedule 2 (1) The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 2) apply in relation to an application for a visa made on or after 1 July 2013. (2) However, the repeal of a provision of these Regulations by Schedule 2 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2013 in accordance with regulation 2.08, 2.08A or 2.08B of these Regulations. Part 2—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 2) 201 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 2) apply in relation to a matter for which an obligation to pay a fee or charge is incurred on or after 1 July 2012. Part 3—Amendments made by Migration Amendment Regulation 2012 (No. 3) 301 Operation of Schedule 1 (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012. (2) However, the repeal or amendment of a provision of these Regulations by Schedule 1 to that regulation does not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 1 July 2012 in accordance with regulation 2.08 or 2.08B of these Regulations. Part 4—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 3) 401 Operation of amendments The amendments of these Regulations made by Schedules 1 and 2 to the Migration Legislation Amendment Regulation 2012 (No. 3) apply in relation to an application for a visa made on or after 1 July 2012. Part 5—Amendments made by Migration Amendment Regulation 2012 (No. 5) 501 Operation of Schedule 1 (1) The amendments of these Regulations made by items [1] to [7], [10], [11], [14] to [16] and [18] to [20] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after the day that regulation commences. (2) The amendments of these Regulations made by items [8], [9], [12], [13], [17] and [21] of Schedule 1 to the Migration Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa: (a) made, but not finally determined, before the day that regulation commences; and (b) made on or after the day that regulation commences. Part 6—Amendments made by the Migration Legislation Amendment Regulation 2012 (No. 4) 601 Operation of Schedule 1 (1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for: (a) a visa; or (b) approval as a sponsor; or (c) approval of a nomination; or (d) the variation of the terms of an approval as a sponsor. (2) However, the amendments made by Schedule 1 do not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 24 November 2012 in accordance with regulation 2.08 of these Regulations. 602 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to: (a) an application for: (i) a visa; or (ii) approval as a sponsor; or (iii) approval of a nomination; made before 24 November 2012 but not finally determined before that date; and (b) an application made on or after 24 November 2012 for a visa. 603 Operation of Schedule 3 (1) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for: (a) a visa; or (b) approval as a sponsor. (2) However, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa. (3) Also, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for approval as a sponsor made in relation to an application for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa. Part 7—Amendments made by Migration Legislation Amendment Regulation 2012 (No. 5) 701 Operation of amendments (1) The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application made on or after 24 November 2012 for a visa by a person seeking to satisfy the secondary criteria for the grant of a Subclass 422 (Medical Practitioner) visa. (2) The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012. (3) The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012. (4) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa: (a) made, but not finally determined, before 24 November 2012; or (b) made on or after 24 November 2012. (5) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to a request to be given a prescribed form of evidence of a visa made on or after 24 November 2012. (6) The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made, but not finally determined, before 24 November 2012 if both of the following apply: (a) on or after 24 November 2012, the alleged victim, or another person on the alleged victim’s behalf, has provided a statutory declaration under regulation 1.25; (b) the alleged victim, or another person on the alleged victim’s behalf, has not previously provided a statutory declaration under regulation 1.25 in relation to that application. (7) The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment Regulation 2012 (No. 5) apply in relation to an application for a visa made on or after 24 November 2012. Part 8—Amendments made by Migration Amendment Regulation 2012 (No. 7) 801 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 7) apply in relation to an application for a visa made on or after 24 November 2012. Part 10—Amendments made by the Migration Amendment Regulation 2012 (No. 8) 1001 Operation of amendments (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to a bridging visa to which the following apply: (a) the visa is held on the basis of an application, or a purported application, for merits review; (b) on 1 January 2013, the final review authority in relation to that merits review had not yet notified the holder of the bridging visa: (i) of its decision on the merits review; or (ii) that the application for merits review was not made in accordance with the law governing the making of applications to that review authority. (2) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa that is held on the basis of an application, or a purported application, for merits review made on or after 1 January 2013. (3) The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2012 (No. 8) also apply in relation to a bridging visa: (a) that is held on the basis of an application for a substantive visa: (i) made, but not finally determined, before 1 January 2013; or (ii) made on or after 1 January 2013; and (b) to which subclause (1) or (2) does not apply. (4) The amendments of these Regulations made by Schedule 2 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa made on or after 1 January 2013. (5) The amendments of these Regulations made by Schedule 3 to the Migration Amendment Regulation 2012 (No. 8) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 January 2013; or (b) made on or after 1 January 2013. Part 12—Amendments made by the Migration Amendment Regulation 2013 (No. 1) 1201 Operation of Schedules 1 to 7 The amendments of these Regulations made by Schedules 1 to 7 to the Migration Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa made on or after 23 March 2013. Part 13—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 1) 1301 Operation of Schedule 1 (1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for review to the Migration Review Tribunal made on or after 1 July 2013. (2) The amendments of these Regulations made by items 3 and 4 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for review to the Refugee Review Tribunal made on or after 1 July 2013. 1302 Operation of Schedule 2 (1) The amendments of these Regulations made by items 1 to 5 and 8 to 22 of Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa made on or after 23 March 2013. (2) The amendments of these Regulations made by items 6 and 7 of Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application for a visa: (a) made, but not finally determined, before 23 March 2013; or (b) made on or after 23 March 2013. 1303 Operation of Schedule 3 (1) The repeal of subparagraph 2.43(2)(b)(i) by item 2 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 1) does not apply in relation to a person who: (a) holds a student visa; and (b) was sent a notice of proposed cancellation of the visa under section 119 of the Act for non-compliance with visa condition 8104 or 8105 before 13 April 2013. (2) The repeal of subparagraph 2.43(2)(b)(ii) by item 2 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 1) does not apply in relation to a person who: (a) holds a student visa; and (b) was sent: (i) a notice of proposed cancellation of the visa under section 119 of the Act for non-compliance with visa condition 8202 before 13 April 2013; or (ii) a notice under section 20 of the Education Services for Overseas Students Act 2000 for non-compliance with visa condition 8202 in relation to the visa. 1304 Operation of Schedule 4 (1) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 1) apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal if the decision to which the application relates is made on or after 1 July 2013. (2) The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 1) also apply in relation to: (a) a notice to appear before the Migration Review Tribunal or the Refugee Review Tribunal issued on or after 1 July 2013; and (b) an invitation to provide comments or information to the Migration Review Tribunal or the Refugee Review Tribunal made on or after 1 July 2013; and (c) an extension of time given by the Migration Review Tribunal or the Refugee Review Tribunal on or after 1 July 2013. Part 14—Amendments made by Migration Amendment Regulation 2013 (No. 2) 1401 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 June 2013. Part 15—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 2) 1501 Operation of Schedule 1 (1) The amendments of these Regulations made by items 2, 3 and 4 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 June 2013. (2) The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 2) apply in relation to an application for a visa made on or after 1 July 2013. Part 16—Amendments made by the Migration Amendment (Permanent Protection Visas) Regulation 2013 1601 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Permanent Protection Visas) Regulation 2013 apply in relation to a visa granted on or after 3 June 2013. Clause 16A01 Part 16A—Amendments made by the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 16A01 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 050 and Subclass 051 Visas) Regulation 2013 apply on and after the day that regulation commences. Part 17—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013 1701 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Visa application Charge and Related Matters) Regulation 2013 apply in relation to an application for a visa made on or after 1 July 2013. Part 19—Amendments made by the Migration Legislation Amendment Regulation 2013 (No. 3) 1901 Operation of Schedule 1 (1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval as a sponsor, or for the variation of the terms of approval as a sponsor: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (2) The amendments of these Regulations made by item 3 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (3) The amendments of these Regulations made by items 4 to 6 of Schedule 1 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a person who is or was a standard business sponsor on or after 1 July 2013. 1902 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) an application for approval as a sponsor made on or after 1 July 2013; and (b) an application for a variation of a term of an approval as a sponsor made on or after 1 July 2013; and (c) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and (d) an application for a visa made on or after 1 July 2013. 1903 Operation of Schedule 3 (1) The amendments of these Regulations made by item 1 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013; and (b) a nomination under regulation 5.19 made on or after 1 July 2013; and (c) an application for a visa made on or after 1 July 2013. (2) The amendments of these Regulations made by items 2 and 3 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (3) The amendments of these Regulations made by item 4 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply on and after 1 July 2013. (4) The amendments of these Regulations made by items 5 and 6 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to: (a) an application for approval as a sponsor: (i) made, but not finally determined, before 1 July 2013; or (ii) made on or after 1 July 2013; and (b) an application for a variation of a term of an approval as a sponsor: (i) made, but not finally determined, before 1 July 2013; or (ii) made on or after 1 July 2013. (5) The amendments of these Regulations made by items 7, 8 and 9 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under subsection 140GB(1) of the Act: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (6) The amendments of these Regulations made by item 10 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a nomination under regulation 5.19 made on or after 1 July 2013. (7) The amendments of these Regulations made by items 11 to 20 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. (8) The amendments of these Regulations made by items 21 and 22 of Schedule 3 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a visa that is: (a) in effect on 1 July 2013; or (b) granted on or after 1 July 2013. 1904 Operation of Schedule 4 The amendments of these Regulations made by item 4 of Schedule 4 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a payment made for the purposes of the Act or these Regulations on or after 1 July 2013. 1905 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013. 1906 Operation of Schedule 6 (1) The amendments of these Regulations made by item 1 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for approval of a nomination made on or after 1 July 2013. (2) The amendments of these Regulations made by item 2 of Schedule 6 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa made on or after 1 July 2013. 1907 Operation of Schedule 7 The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. 1908 Operation of Schedule 8 The amendments of these Regulations made by Schedule 8 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to a request made for regulation 2.08A or 2.08B on or after 1 July 2013. 1909 Operation of Schedule 9 The amendments of these Regulations made by Schedule 9 to the Migration Legislation Amendment Regulation 2013 (No. 3) apply in relation to an application for a visa: (a) made, but not finally determined, before 1 July 2013; or (b) made on or after 1 July 2013. Part 20—Amendments made by the Migration Amendment Regulation 2013 (No. 5) 2001 Operation of Schedule 1 (1) The amendments of these Regulations made by item 1 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to: (a) an application for approval as a sponsor that: (i) was made before 1 July 2013; and (ii) had not been finally determined before 1 July 2013; and (b) an application for approval as a sponsor made on or after 1 July 2013. (2) The amendments of these Regulations made by item 2 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to: (a) an application for variation of a term of approval as a sponsor that: (i) was made before 1 July 2013; and (ii) had not been finally determined before 1 July 2013; and (b) an application for variation of a term of approval as a sponsor made on or after 1 July 2013. (3) The amendments of these Regulations made by item 3 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to: (a) a nomination under subsection 140GB(1) of the Act: (i) made before 1 July 2013; and (ii) not finally determined before 1 July 2013; and (b) a nomination under subsection 140GB(1) of the Act made on or after 1 July 2013. (4) The amendments of these Regulations made by item 4 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor on and after 1 July 2013. (5) The amendments of these Regulations made by item 5 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1 July 2013. (6) The amendments of these Regulations made by items 6, 7 and 9 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a standard business sponsor, or a former standard business sponsor, on and after 1 July 2013. (7) The amendments of these Regulations made by item 8 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply on and after 1 July 2013. (8) The amendments of these Regulations made by item 10 of Schedule 1 to the Migration Amendment Regulation 2013 (No. 5) apply in relation to a visa that is: (a) in effect on 1 July 2013; or (b) granted on or after 1 July 2013. Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013 2201 Operation of Schedule 1 (1) The amendments of these Regulations made by items [5] to [7] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013. (2) The amendments of these Regulations made by items [2] to [4] and [8] to [11] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013 as a result of an invitation in writing on or after 28 October 2013 by the Minister to apply for the visa. Part 23—Amendments made by the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013 2301 Operation of Schedule 1 (1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013 apply in relation to a nomination under subsection 140GB(1) of the Act: (a) made, but not finally determined, before 23 November 2013; or (b) made on or after 23 November 2013. (2) The amendments of these Regulations made by items 7 and 8 of Schedule 1 to the Migration Amendment (Visa Application Charge and Related Matters No. 2) Regulation 2013 apply in relation to a visa application: (a) made, but not finally determined, before 23 November 2013; or (b) made on or after 23 November 2013. Part 24—Amendments made by the Migration Amendment (Internet Applications and Related Matters) Regulation 2013 2401 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Internet Applications and Related Matters) Regulation 2013 apply in relation to an application for a visa made on or after 23 November 2013. Clause 2501 Part 25—Amendments made by the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 2501 Operation of Schedule 1 (1) The amendment of these Regulations made by item 1 of Schedule 1 to the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 applies in relation to an application for a visa made on or after 14 December 2013. (2) The amendments of these Regulations made by items 2 to 6 of Schedule 1 to the Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 apply in relation to an application for a visa: (a) made, but not finally determined, before 14 December 2013; or (b) made on or after 14 December 2013. Part 27—Amendments made by the Migration Amendment (2014 Measures No. 1) Regulation 2014 2701 Operation of Schedules 1 to 3 The amendments of these Regulations made by Schedules 1 to 3 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before 22 March 2014; (b) an application made on or after 22 March 2014. 2702 Operation of Schedule 4 The amendment of these Regulations made by Schedule 4 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to a person covered by a residence determination on or after 22 March 2014. 2703 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to: (a) the following applications for a visa: (i) an application made, but not finally determined, before 22 March 2014; (ii) an application made on or after 22 March 2014; and (b) the following nominations by an approved sponsor under section 140GB of the Act: (i) a nomination made, but not finally determined, before 22 March 2014; (ii) a nomination made on or after 22 March 2014. Clause 2801 Part 28—Amendments made by the Migration Amendment (Redundant and Other Provisions) Regulation 2014 2801 Operation of Schedule 1 (1) The amendments of these Regulations made by Parts 1, 3, 4, 5 and 7 of Schedule 1 to the Migration Amendment (Redundant and Other Provisions) Regulation 2014 (the amending regulation) apply in relation to an application for a visa made on or after 22 March 2014. (2) Despite the repeal of provisions of these Regulations by Part 1, 3, 4, 5 or 7 of the amending regulation, those provisions, as in force immediately before those repeals, continue to apply in relation to an application for a visa if: (a) the visa application is taken to have been made by a person before, on or after 22 March 2014 in accordance with regulation 2.08, 2.08A or 2.08B; and (b) for an application taken to have been made in accordance with regulation 2.08—the non-citizen mentioned in paragraph 2.08(1)(a) applied for his or her visa before 22 March 2014; and (c) for an application taken to have been made in accordance with regulation 2.08A or 2.08B—the original applicant mentioned in paragraph 2.08A(1)(a) or 2.08B(1)(a), as the case requires, applied for his or her visa before 22 March 2014. (3) Despite the repeal of Division 2.7 of these Regulations by Part 1 of Schedule 1 to the amending regulation, that Division, as in force immediately before that repeal, continues to apply after 22 March 2014 to an assurance of support accepted by the Minister before 1 July 2004. (4) The amendments of these Regulations made by Part 6 of Schedule 1 to the amending regulation apply in relation the following applications for a visa: (a) an application made, but not finally determined, before 22 March 2014; (b) an application made on or after 22 March 2014. (5) If: (a) an instrument is in force immediately before the commencement of Part 2 of Schedule 1 to the amending regulation; and (b) the instrument was made (whether wholly or partly) under a provision amended by that Part; then, the instrument has effect after that commencement as if it had been made under that provision as amended. Part 29—Amendments made by the Migration Amendment (Credit Card Surcharge) Regulation 2014 2901 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014. Clause 3101 Part 31—Amendments made by the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 3101 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to a request under section 70 of the Act for evidence of a visa, made on or after 1 July 2014. 3102 Operation of Schedules 2 and 3 The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to an application for a visa made on or after 1 July 2014. 3103 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before 1 July 2014; (b) an application made on or after 1 July 2014. 3104 Operation of Schedule 7 The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2014 Measures No. 1) Regulation 2014 apply on and after 1 July 2014 in relation to an infringement notice served before, on or after that date. Part 32—Amendments made by the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014 3201 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge Additional Measures) Regulation 2014 apply in relation to a payment of a fee or charge on or after 1 July 2014. Part 33—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulation 2014 3301 Operation of Part 1 of Schedule 1 The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulation 2014 apply in relation to the following applications for a visa: (a) an application made on or after 1 July 2014, but not finally determined before 6 October 2014; (b) an application made on or after 6 October 2014. Part 34—Amendments made by the Migration Amendment (Bridging Visas) Regulation 2014 3401 Operation of Part 1 of Schedule 1 The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Bridging Visas) Regulation 2014 apply in relation to a Bridging E (Class WE) visa: (a) granted as a result of an application for the visa made on or after 6 October 2014; or (b) granted by the Minister under subsection 195A(2) of the Act, or under regulation 2.25, on or after 6 October 2014. Clause 3501 Part 35—Amendments made by the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 3501 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a visa made on or after 23 November 2014. 3502 Operation of Schedules 2 and 3 The amendments of these Regulations made by Schedules 2 and 3 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply on and after 23 November 2014. 3503 Operation of Schedule 4 The amendments of these Regulations made by Schedule 4 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a Student (Temporary) (Class TU) visa made on or after 23 November 2014. 3504 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before 23 November 2014; (b) an application made on or after 23 November 2014. 3505 Operation of Schedule 7 The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to an application for a student visa made on or after 23 November 2014. Part 37—Amendments made by the Migration Amendment (Subclass 050 Visas) Regulation 2014 3701 Operation of Part 1 of Schedule 1 (1) The amendment of these Regulations made by item 1 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 050 Visas) Regulation 2014 applies in relation to an application for a Subclass 050 (Bridging (General)) visa made on or after 23 November 2014. (2) The amendments of these Regulations made by items 2 and 3 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 050 Visas) Regulation 2014 apply in relation to a Subclass 050 (Bridging (General)) visa granted under section 195A of the Act on or after 23 November 2014. Part 38—Amendments made by the Migration Amendment (2014 Measures No. 2) Regulation 2014 3801 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following invitations to a visa applicant given on or after 1 January 2015: (a) an invitation, under subsection 56(2) of the Act, to give additional information; (b) an invitation, under paragraph 57(2)(c) of the Act, to comment on information. 3802 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a Subclass 188 (Business Innovation and Investment (Provisional)) visa: (a) an application made, but not finally determined, before 12 December 2014; (b) an application made on or after 12 December 2014. 3803 Operation of Schedule 3 (1) The amendments of these Regulations made by items 1 to 3 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before the commencement of the items; (b) an application made on or after the commencement of the items. (2) The amendments of these Regulations made by items 4 to 12 and 16 to 21 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to a decision to grant or not to grant a visa, or to cancel a visa, made on or after the commencement of the items. (3) The amendments of these Regulations made by items 13, 14 and 15 of Schedule 3 to the Migration Amendment (2014 Measures No. 2) Regulation 2014 apply in relation to a decision to cancel a visa made on or after the commencement of the items. Part 39—Amendments made by the Migration Amendment (Partner Visas) Regulation 2014 3901 Operation of Part 1 of Schedule 1 The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Partner Visas) Regulation 2014 apply in relation to an application for a visa made on or after 1 January 2015. Clause 4001 Part 40—Amendments made by the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015 4001 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Amendment (Resolving the Asylum Legacy Caseload) Regulation 2015 apply in relation to the review of an RRT-reviewable decision made on or after the commencement of that Schedule in relation to an application for a protection visa made on or after 16 December 2014. Part 41—Amendments made by the Migration Amendment (2015 Measures No. 1) Regulation 2015 4101 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to a special purpose visa taken to have been granted on or after 18 April 2015. 4102 Operation of Schedule 2 (1) The amendments of these Regulations made by items 1 to 10 of Schedule 2 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to the following applications for a visa: (a) an application made on or after 1 July 2012, but not finally determined before 18 April 2015; (b) an application made on or after 18 April 2015. (3) The amendments of these Regulations made by items 11 to 14 of Schedule 2 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an application for a visa made on or after 18 April 2015. 4103 Operation of Schedule 3 (1) The amendment of these Regulations made by item 1 of Schedule 3 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to a notice given on or after 18 April 2015. (2) The amendment of these Regulations made by item 2 of Schedule 3 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to the following applications: (a) an application for a visa made, but not finally determined, before 18 April 2015; (b) an application for a visa made on or after 18 April 2015. 4104 Operation of Schedule 4 The amendments of these Regulations made by Schedule 4 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an event mentioned in regulation 2.84 that occurs on or after 18 April 2015. 4105 Operation of Schedule 5 The amendment of these Regulations made by Schedule 5 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 applies in relation to the following applications for a visa: (a) an application made, but not finally determined, before 18 April 2015; (b) an application made on or after 18 April 2015. 4106 Operation of Schedule 6 The amendments of these Regulations made by Schedule 6 to the Migration Amendment (2015 Measures No. 1) Regulation 2015 apply in relation to an application for a visa made on or after 18 April 2015. Part 42—Amendments made by the Migration Amendment (Protection and Other Measures) Regulation 2015 4201 Operation of Schedule 1 The amendment of these Regulations made by item 2 of Schedule 1 to the Migration Amendment (Protection and Other Measures) Regulation 2015 applies in relation to the following applications for protection visas: (a) an application made, but not finally determined, before the commencement of that item; (b) an application made on or after the commencement of that item. Clause 4301 Part 43—Amendments made by the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 4301 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application for a visa made on or after 1 July 2015. 4302 Operation of Schedule 5 The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application for approval of a nomination of a position made on or after 1 July 2015. 4303 Operation of Schedule 7 The amendments of these Regulations made by Schedule 7 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 apply in relation to an application for a visa made on or after 1 July 2015. 4304 Operation of Schedule 9 The amendment of these Regulations made by item 1 of Schedule 9 to the Migration Legislation Amendment (2015 Measures No. 2) Regulation 2015 does not affect the continuity of any instrument that is in force under subregulation 5.40(1) immediately before the commencement of the item. Part 44—Amendments made by the Migration Amendment (Investor Visas) Regulation 2015 4401 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Investor Visas) Regulation 2015 apply in relation to an application for a visa made on or after 1 July 2015. Part 45—Amendments made by the Migration Amendment (Visa Labels) Regulation 2015 4501 Operation of Schedule 1 Despite the repeal of Division 2.4 of Part 2 of these Regulations by Schedule 1 to the Migration Amendment (Visa Labels) Regulation 2015, that Division, as in force immediately before the repeal, continues to apply on and after 1 September 2015 in relation to a request made under section 70 of the Act for evidence of a visa if: (a) the request was made before 1 September 2015; and (b) the visa evidence charge for the request had been paid before 1 September 2015. Part 46—Amendments made by the Migration Amendment (Conversion of Protection Visa Applications) Regulation 2015 4601 Operation of Schedule 1 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. Clause 4901 Part 49—Amendments made by the Migration Amendment (Clarifying Subclass 457 Requirements) Regulation 2015 4901 Operation of amendments (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. Clause 5202 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. Clause 5401 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. Clause 5501 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. Clause 5701 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 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; (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: (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 (b) the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa); and (c) on the date of grant of the primary visa, the primary applicant holds a Hong Kong passport. (3) Despite former clause 457.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) starts when the visa comes into effect; and (d) ends on 8 July 2025. 9002 Subclass 482 visas granted before 9 July 2020 (1) This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if: (a) the visa was granted before 9 July 2020; and (b) the visa was 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 held a Hong Kong passport; and (d) the visa did not cease to be in effect before 9 July 2020. (2) This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa) if: (a) the secondary visa was granted before 9 July 2020; and (b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa): (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; and (c) on the date of grant of the primary visa, the primary applicant held a Hong Kong passport; and (d) the secondary visa did not cease to be in effect before 9 July 2020. (3) Despite clause 482.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) started when the visa came into effect; and (d) ends on 8 July 2025. 9003 Subclass 482 visas granted on or after 9 July 2020 (1) The amendment of clause 482.511 of Schedule 2 to these Regulations made by the Migration Amendment (Hong Kong Passport Holders) Regulations 2020 applies to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020, whether the application for the visa was made before, on or after 9 July 2020. (2) For the purposes of items 2 and 5 of the table in subclause 482.511(1) of Schedule 2 to these Regulations, all Hong Kong passports are taken to be in a class specified under subclause 482.511(2). (3) Subclause (2) of this clause ceases to have effect when the first instrument (if any) made under subclause 482.511(2) of Schedule 2 commences. 9004 Subclass 485 visas granted before 9 July 2020 (1) This clause applies to a Subclass 485 (Temporary Graduate) visa if: (a) the visa was granted before 9 July 2020; and (b) the visa was 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 held a Hong Kong passport; and (d) the visa did not cease to be in effect before 9 July 2020. (2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa) if: (a) the secondary visa was granted before 9 July 2020; and (b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa); and (c) on the date of grant of the primary visa, the primary applicant held a Hong Kong passport; and (d) the secondary visa did not cease to be in effect before 9 July 2020. (3) Despite clause 485.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) started when the visa came into effect; and (d) ends on 8 July 2025. Part 91—Amendments made by the Migration Amendment (COVID-19 Concessions) Regulations 2020 9101 Operation of Parts 2, 3 and 4 of Schedule 1 (1) Subject to subclause (1A), the amendments of these Regulations made by Parts 2, 3 and 4 of Schedule 1 to the Migration Amendment (COVID-19 Concessions) Regulations 2020 apply in relation to an application for a visa made on or after 19 September 2020. (1A) The amendment of these Regulations made by item 9 of Part 2 of Schedule 1 to the Migration Amendment (COVID-19 Concessions) Regulations 2020 applies in relation to an application for a visa: (a) made, but not finally determined, before 19 September 2020; or (b) made on or after 19 September 2020. (2) For the purposes of the application of paragraph (b) of condition 8557 in Schedule 8, the amendment made by item 10 of Part 3 of Schedule 1 to the Migration Amendment (COVID-19 Concessions) Regulations 2020 applies in relation to a complying significant investment held by the holder of a Subclass 188 visa in the Significant Investor stream, or the holder of a Subclass 188 visa in the Significant Investor Extension stream, that was granted before 1 July 2019 as if the amendment was in force at the time the visa was granted. 9102 Operation of Part 5 of Schedule 1 (1) The amendments of these Regulations made by items 34 to 37 of Part 5 of Schedule 1 to the Migration Amendment (COVID-19 Concessions) Regulations 2020 apply in relation to an application for a visa made on or after 19 September 2020. (2) The amendments of these Regulations made by item 38 of Part 5 of Schedule 1 to the Migration Amendment (COVID-19 Concessions) Regulations 2020 apply in relation to an application for a visa: (a) made, but not finally determined, before 19 September 2020; or (b) made on or after 19 September 2020. Part 92—Amendments made by the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 Division 1—Operation of Schedule 1 9201 Operation of Schedule 1 Application of amendments (1) The amendments made by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 apply in relation to an application for a Subclass 417 (Working Holiday) visa made on or after 14 November 2020. Specified work taken to be specified Subclass 417 work (2) For the purposes of these Regulations, as amended by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020, work that: (a) was carried out at a time occurring before 14 November 2020; and (b) at that time, was specified work in regional Australia (within the meaning of item 1225 of Schedule 1 to these Regulations, as in force at that time); is taken to be specified Subclass 417 work. Saving of instruments (3) An instrument that: (a) specified a place for the purposes of the definition of regional Australia in subitem 1225(5) of Schedule 1; and (b) was in force immediately before 14 November 2020; continues in force (and may be dealt with) as if it: (c) had been made under regulation 1.15FAA, as inserted by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020; and (d) specifies that place as an area for the purposes of the definition of specified Subclass 417 work in regulation 1.03. (4) An instrument that: (a) specified a kind of work for the purposes of the definition of specified work in subitem 1225(5) of Schedule 1; and (b) was in force immediately before 14 November 2020; continues in force (and may be dealt with) as if it: (c) had been made under regulation 1.15FAA, as inserted by Schedule 1 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020; and (d) specifies that kind of work for the purposes of the definition of specified Subclass 417 work in regulation 1.03. Division 2—Operation of Schedule 2 9202 Operation of Part 1 of Schedule 2 (1) The amendments made by Part 1 of Schedule 2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 (the amending regulations) do not apply in relation to: (a) an application for a Subclass 124 (Distinguished Talent) visa made before 14 November 2020; or (b) a Subclass 124 (Distinguished Talent) visa granted: (i) before 14 November 2020; or (ii) on or after 14 November 2020, if the application for the visa was made before 14 November 2020. (2) In particular, despite the repeal or amendment of provisions of these Regulations by Part 1 of Schedule 2 to the amending regulations, those provisions, as in force immediately before 14 November 2020, continue to apply in relation to an application for a Subclass 124 (Distinguished Talent) visa if: (a) the application is taken to have been made by a person before, on or after 14 November 2020 in accordance with regulation 2.08 or 2.08A; and (b) for an application taken to have been made in accordance with regulation 2.08—the non-citizen mentioned in paragraph 2.08(1)(a) applied for his or her visa before 14 November 2020; and (c) for an application taken to have been made in accordance with regulation 2.08A—the original applicant mentioned in paragraph 2.08A(1)(a) applied for his or her visa before 14 November 2020. 9203 Operation of Part 2 of Schedule 2 (1) The amendments made by Division 1 of Part 2 of Schedule 2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 apply in relation to an application for a Subclass 858 (Distinguished Talent) visa made on or after 14 November 2020. (2) The amendments made by Division 2 of Part 2 of Schedule 2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 apply in relation to an application for a Subclass 773 (Border) visa made on or after 14 November 2020. (3) For the purposes of paragraph 773.213(2)(zy) of Schedule 2, as inserted by Division 2 of Part 2 of Schedule 2 to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020, it does not matter whether a Distinguished Talent (Class BX) visa was granted before, on or after 14 November 2020. Division 3—Transitional provisions relating to Subclass 417 and 462 visas 9204 Definitions (1) In this Division: COVID-19 pandemic event 408 visa means a Subclass 408 (Temporary Activity) visa granted on the basis that the applicant satisfied the criterion in clause 408.219A of Schedule 2 on the basis of clause 408.229 (Australian Government endorsed events) in relation to: (a) if no instrument made under subclause (2) of this clause is in effect—the COVID-19 pandemic (within the meaning of LIN 20/229, as in force on 14 November 2020); or (b) an event specified under subclause (2) of this clause. special Subclass 417 work means specified Subclass 417 work of a kind: (a) if no instrument made under subclause (3) of this clause is in effect— specified by section 9 of LIN 20/182, as in force on 14 November 2020; or (b) specified under subclause (3) of this clause. Note: Section 9 of LIN 20/182 specified critical COVID-19 work in the healthcare and medical sectors. special Subclass 462 work means specified Subclass 462 work of a kind: (a) if no instrument made under subclause (4) of this clause is in effect— specified by section 11 of LIN 20/184, as in force on 14 November 2020; or (b) specified under subclause (4) of this clause. Note: Section 11 of LIN 20/184 specified critical COVID-19 work in the healthcare and medical sectors. (2) The Minister may, by legislative instrument, specify an event for the purposes of paragraph (b) of the definition of COVID-19 pandemic event 408 visa in subclause (1), if the event is specified for the purposes of paragraph 408.229(b) of Schedule 2. (3) The Minister may, by legislative instrument, specify kinds of specified Subclass 417 work for the purposes of the definition of special Subclass 417 work in subclause (1). (4) The Minister may, by legislative instrument, specify kinds of specified Subclass 462 work for the purposes of the definition of special Subclass 462 work in subclause (1). 9205 Transitional provision—applicants for second Subclass 417 visas who carried out specified Subclass 417 work under COVID-19 pandemic event visas Scope of this clause (1) This clause applies in relation to an application (the second 417 application) for a Subclass 417 (Working Holiday) visa made on or after 14 November 2020, if: (a) the applicant has held only one Subclass 417 (Working Holiday) visa (the first 417 visa) in Australia; and (b) before the day (the second 417 application day) the second 417 application is made, the applicant carried out specified Subclass 417 work as the holder of: (i) an eligible 408 visa; or (ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and (c) some or all of that work was special Subclass 417 work. Work under COVID-19 pandemic event visas to be counted for purposes of second 417 application (2) The following provisions apply in relation to the work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 417 work that the applicant carried out as the holder of the first 417 visa: (a) paragraph 1225(3B)(c) of Schedule 1; (b) paragraph 417.211(5)(a) of Schedule 2. When second 417 visa is in effect (3) If, on the second 417 application day, the applicant holds an eligible 408 visa, then a Subclass 417 (Working Holiday) visa granted on the basis of the second 417 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect. (4) Subclause (3) has effect despite clause 417.511 of Schedule 2. Meaning of eligible 408 visa (5) For the purposes of this clause, an eligible 408 visa is a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the first 417 visa; or (b) within 28 days after the day when the first 417 visa ceased to be in effect; or (c) while the applicant held an earlier eligible 408 visa; or (d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect. 9206 Transitional provision—applicants for third Subclass 417 visas who carried out specified Subclass 417 work under COVID-19 pandemic event visas Scope of this clause (1) This clause applies in relation to an application (the third 417 application) for a Subclass 417 (Working Holiday) visa made on or after 14 November 2020, if: (a) the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia (the earlier of which is the first 417 visa and the latter of which is the second 417 visa); and (b) before the day (the third 417 application day) the third 417 application is made, the applicant carried out specified Subclass 417 work as the holder of: (i) an eligible 408 visa; or (ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; or (iii) if, when the application for the second 417 visa was made, the applicant held a COVID-19 pandemic event 408 visa to which subclause (6) applies—a bridging visa granted on the basis of the application for the second 417 visa; and (c) some or all of that work was special Subclass 417 work. Work under COVID-19 pandemic event visas to be counted for purposes of third 417 application (2) The following provisions apply in relation to the specified Subclass 417 work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 417 work that the applicant carried out as the holder of the second 417 visa: (a) subparagraph 1225(3B)(ca)(ii) of Schedule 1; (b) paragraph 417.211(6)(c) of Schedule 2. When third 417 visa is in effect (3) If, on the third 417 application day, the applicant holds an eligible 408 visa, then a Subclass 417 (Working Holiday) visa granted on the basis of the third 417 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect. (4) Subclause (3) has effect despite clause 417.511 of Schedule 2. Meaning of eligible 408 visa etc. (5) For the purposes of this clause, an eligible 408 visa is a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the second 417 visa; or (b) within 28 days after the day when the second 417 visa ceased to be in effect; or (c) while the applicant held an earlier eligible 408 visa; or (d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect. (6) For the purposes of subparagraph (1)(b)(iii), this subclause applies to a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the first 417 visa; or (b) within 28 days after the day when the first 417 visa ceased to be in effect; or (c) while the applicant held an earlier COVID-19 pandemic event 408 visa to which this subclause applies; or (d) within 28 days after an earlier COVID-19 pandemic event 408 visa to which this subclause applies held by the applicant ceased to be in effect. 9207 Transitional provision—applicants for second Subclass 462 visas who carried out specified Subclass 462 work under COVID-19 pandemic event visas Scope of this clause (1) This clause applies in relation to an application (the second 462 application) for a Subclass 462 (Work and Holiday) visa made on or after 14 November 2020, if: (a) the applicant has held only one Subclass 462 (Work and Holiday) visa (the first 462 visa) in Australia; and (b) before the day (the second 462 application day) the second 462 application is made, the applicant carried out specified Subclass 462 work as the holder of: (i) an eligible 408 visa; or (ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; and (c) some or all of that work was special Subclass 462 work. Work under COVID-19 pandemic event visas to be counted for purposes of second 462 application (2) The following provisions apply in relation to the work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the first 462 visa: (a) subparagraph 1224A(3)(c)(ii) of Schedule 1; (b) clause 462.218 of Schedule 2. When second 462 visa is in effect (3) If, on the second 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the second 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect. (4) Subclause (3) has effect despite Division 462.5 of Schedule 2. Meaning of eligible 408 visa (5) For the purposes of this clause, an eligible 408 visa is a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the first 462 visa; or (b) within 28 days after the day when the first 462 visa ceased to be in effect; or (c) while the applicant held an earlier eligible 408 visa; or (d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect. 9208 Transitional provision—applicants for third Subclass 462 visas who carried out specified Subclass 462 work under COVID-19 pandemic event visas Scope of this clause (1) This clause applies in relation to an application (the third 462 application) for a Subclass 462 (Work and Holiday) visa made on or after 14 November 2020, if: (a) the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia (the earlier of which is the first 462 visa and the latter of which is the second 462 visa); and (b) before the day (the third 462 application day) the third 462 application is made, the applicant carried out specified Subclass 462 work as the holder of: (i) an eligible 408 visa; or (ii) a bridging visa that was in effect and granted on the basis of an application for an eligible 408 visa; or (iii) if, when the application for the second 462 visa was made, the applicant held a COVID-19 pandemic event 408 visa to which subclause (6) applies—a bridging visa granted on the basis of the application for the second 462 visa; and (c) some or all of that work was special Subclass 462 work. Work under COVID-19 pandemic event visas to be counted for purposes of third 462 application (2) The following provisions apply in relation to the specified Subclass 462 work mentioned in paragraph (1)(b) of this clause in the same way as those provisions apply in relation to specified Subclass 462 work that the applicant carried out as the holder of the second 462 visa: (a) subparagraph 1224A(3)(c)(iia) of Schedule 1; (b) clause 462.219 of Schedule 2. When third 462 visa is in effect (3) If, on the third 462 application day, the applicant holds an eligible 408 visa, then a Subclass 462 (Work and Holiday) visa granted on the basis of the third 462 application is a temporary visa permitting the holder to travel to, enter and remain in Australia until 12 months after the date that the eligible 408 visa would have otherwise ceased to be in effect. (4) Subclause (3) has effect despite Division 462.5 of Schedule 2. Meaning of eligible 408 visa etc. (5) For the purposes of this clause, an eligible 408 visa is a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the second 462 visa; or (b) within 28 days after the day when the second 462 visa ceased to be in effect; or (c) while the applicant held an earlier eligible 408 visa; or (d) within 28 days after an earlier eligible 408 visa held by the applicant ceased to be in effect. (6) For the purposes of subparagraph (1)(b)(iii), this subclause applies to a COVID-19 pandemic event 408 visa granted on the basis of an application made: (a) while the applicant held the first 462 visa; or (b) within 28 days after the day when the first 462 visa ceased to be in effect; or (c) while the applicant held an earlier COVID-19 pandemic event 408 visa to which this subclause applies; or (d) within 28 days after an earlier COVID-19 pandemic event 408 visa to which this subclause applies held by the applicant ceased to be in effect. Part 93—Amendments made by the Migration Amendment (Temporary Graduate Visas) Regulations 2020 9301 Operation of Schedule 2 The amendments of these Regulations made by Schedule 2 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020 apply in relation to visa applications made on or after the commencement of that Schedule. 9302 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020 apply in relation to visa applications made on or after the commencement of that Schedule. 9303 Living, working and studying in a regional centre or other regional area (1) This clause applies if, at the commencement of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, a place is a regional centre or other regional area. (2) For the purposes of clause 485.232 of Schedule 2 to these Regulations, the place is taken to have been a regional centre or other regional area at all times before that commencement. 9304 Living, working and studying in a designated regional area (1) This clause applies if, at a time occurring before the commencement of Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, a place was a designated regional area within the meaning of these Regulations as in force at that time. (2) For the purposes of clause 485.233 of Schedule 2 to these Regulations, the place is taken to have been a designated regional area within the meaning of these Regulations as amended by Schedule 1 to the Migration Amendment (Temporary Graduate Visas) Regulations 2020, at that time. Part 94—Amendments made by the Migration Amendment (Subclass 189 Visas) Regulations 2021 9401 Operation of Schedule 1 The amendments made by items 1 to 4 of Schedule 1 to the Migration Amendment (Subclass 189 Visas) Regulations 2021 apply in relation to visa applications made on or after 1 July 2021. Part 95—Amendments made by the Migration Amendment (2021 Measures No. 1) Regulations 2021 9501 Operation of Schedule 2 (Subclass 300 (Prospective Marriage) visas) The amendment made by Schedule 2 to the Migration Amendment (2021 Measures No. 1) Regulations 2021 applies in relation to a Subclass 300 (Prospective Marriage) visa granted on or after 27 February 2021, whether the application for the visa was made before, on or after 27 February 2021. 9502 Operation of Schedule 4 (Distinguished Talent (Class BX) visas) (1) The amendments made by Division 1 of Part 1, and Division 2 of Part 2, of Schedule 4 to the Migration Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 27 February 2021. (2) To avoid doubt, the reference in paragraph 773.213(2)(zy) of Schedule 2 to these Regulations to a Global Talent (Class BX) visa is taken to include a reference to a Distinguished Talent (Class BX) visa issued on the basis of an application made before 27 February 2021. 9503 Transitional provision—Subclass 124 (Distinguished Talent) visas and Subclass 858 (Distinguished Talent) visas (1) Division 124.4 of Schedule 2, as in force immediately before 14 November 2020, does not apply in relation to an application for a Subclass 124 (Distinguished Talent) visa if: (a) the application was made before 14 November 2020; and (b) the application was not finally determined before 27 February 2021; and (c) the applicant is not in immigration clearance when the visa is granted. Note: Former Division 124.4 required an applicant to be outside Australia when a visa is granted. (2) Division 858.4 of Schedule 2, as in force immediately before 14 November 2020, does not apply in relation to an application for a Subclass 858 (Distinguished Talent)) visa if: (a) the application was made before 14 November 2020; and (b) the application was not finally determined before 27 February 2021; and (c) the applicant is not in immigration clearance when the visa is granted. Note: Immediately before 14 November 2020, Division 858.4 required an applicant to be in Australia when a visa is granted. Part 96—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2021 9601 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2021 apply in relation to a bridging visa granted on or after the commencement of that Schedule. Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 9701 Application of amendments (1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (the amending Schedule) apply in relation to any visa application made after the commencement of the amending Schedule. (2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work. Part 98—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2021 9801 Operation of Part 1 of Schedule 1 The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2021 apply in relation to visa applications made on or after 1 July 2021. Part 99—Amendments made by the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 9901 Operation of Schedule 1 (Business Innovation and Investment Program) The amendments of these Regulations made by Schedule 1 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 1 July 2021. 9902 Operation of Schedule 2 (working holiday maker visas) The amendments of these Regulations made by Schedule 2 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to an application for a visa made on or after 1 July 2021. 9903 Operation of Schedule 3 (bridging visa amendments) (1) The amendments of these Regulations made by items 1 to 4 of Schedule 3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 apply in relation to a Bridging E (Class WE) visa: (a) granted as a result of an application for the visa made on or after 1 July 2021; or (b) granted by the Minister under regulation 2.25 on or after 1 July 2021. (2) The amendment of these Regulations made by item 5 of Schedule 3 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021 applies in relation to a visa granted on or after 1 July 2021. Part 100—Amendments made by the Migration Amendment (Merits Review) Regulations 2021 10001 Operation of Schedule 1 The amendment made by item 1 of Schedule 1 to the Migration Amendment (Merits Review) Regulations 2021 applies in relation to an application for review made on or after 1 July 2021. Part 101—Amendments made by the Migration Legislation Amendment (Hong Kong) Regulations 2021 Division 1—Amendments made by Schedule 1 10101 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 British National (Overseas) 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 (b) the visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa (the primary visa); and (c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport. (3) Despite former clause 457.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) starts when the visa comes into effect; and (d) ends on 8 July 2025. 10102 Subclass 482 visas granted before 9 July 2020 (1) This clause applies to a Subclass 482 (Temporary Skill Shortage) visa if: (a) the visa was granted before 9 July 2020; and (b) the visa was 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 held a British National (Overseas) passport; and (d) the visa did not cease to be in effect before 9 July 2020. (2) This clause also applies to a Subclass 482 (Temporary Skill Shortage) visa (the secondary visa) if: (a) the secondary visa was granted before 9 July 2020; and (b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of one of the following visas (the primary visa): (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; and (c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and (d) the secondary visa did not cease to be in effect before 9 July 2020. (3) Despite clause 482.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) started when the visa came into effect; and (d) ends on 8 July 2025. 10103 Subclass 482 visas granted on or after 9 July 2020 The amendments of clause 482.511 of Schedule 2 to these Regulations made by Schedule 1 to the Migration Legislation Amendment (Hong Kong) Regulations 2021 apply to a Subclass 482 (Temporary Skill Shortage) visa granted on or after 9 July 2020, whether the application for the visa was made before, on or after 9 July 2020. 10104 Subclass 485 visas granted before 9 July 2020 (1) This clause applies to a Subclass 485 (Temporary Graduate) visa if: (a) the visa was granted before 9 July 2020; and (b) the visa was 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 held a British National (Overseas) passport; and (d) the visa did not cease to be in effect before 9 July 2020. (2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa) if: (a) the secondary visa was granted before 9 July 2020; and (b) the secondary visa was granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa); and (c) on the date of grant of the primary visa, the primary applicant held a British National (Overseas) passport; and (d) the secondary visa did not cease to be in effect before 9 July 2020. (3) Despite clause 485.511 of Schedule 2 to these Regulations, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) started when the visa came into effect; and (d) ends on 8 July 2025. 10105 Subclass 485 visas granted on or after 9 July 2020 and before 3 November (1) This clause applies to a Subclass 485 (Temporary Graduate) visa if: (a) the visa is granted: (i) on or after 9 July 2020; and (ii) before 3 November 2021; and (b) the visa is granted on the basis that the holder satisfied the primary criteria for the grant of the visa (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and (c) on the date of grant of the visa, the holder holds a British National (Overseas) passport. (2) This clause also applies to a Subclass 485 (Temporary Graduate) visa (the secondary visa) if: (a) the secondary visa is granted: (i) on or after 9 July 2020; and (ii) before 3 November 2021; and (b) the secondary visa is granted on the basis that the holder satisfied the secondary criteria for the grant of the visa as a member of the family unit of a person (the primary applicant) who satisfied the primary criteria for the grant of a Subclass 485 (Temporary Graduate) visa (the primary visa) (other than the criteria in clause 485.232 or 485.233 of Schedule 2); and (c) on the date of grant of the primary visa, the primary applicant holds a British National (Overseas) passport. (3) Despite Division 485.5 of Schedule 2, a visa to which this clause applies is a temporary visa permitting the holder to: (a) travel to, and enter, Australia on multiple occasions; and (b) remain in Australia; during the period that: (c) starts when the visa comes into effect; and (d) ends at the end of the period of 5 years starting when the visa comes into effect. Division 2—Amendments made by Schedule 2 10106 Subclass 457 visa holders (1) The requirement in subparagraph 1137(4L)(e)(iii) of Schedule 1 does not apply in relation to a Subclass 457 (Temporary Work (Skilled)) visa granted on or after 9 July 2020. (2) For the purposes of determining whether subitem 1137(4M) or 1139(3A) of Schedule 1 applies to a Subclass 457 (Temporary Work (Skilled)) visa, disregard paragraph 1137(4M)(c) or 1139(3A)(c) of that Schedule (whichever is applicable) if: (a) the visa was granted on or after 9 July 2020; and (b) clause 9001 or 10101 of this Schedule applies to the visa. Part 102—Amendments made by the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 10201 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 apply in relation to an application for a visa made after the commencement of that Schedule. 10202 Applications for Refugee and Humanitarian (Class XB) visas made before commencement (1) This clause applies to an application for a Refugee and Humanitarian (Class XB) visa made before the commencement of Schedule 1 to the Migration Amendment (Humanitarian Response to Events in Afghanistan) Regulations 2021 if: (a) the applicant enters Australia before a decision is made to grant or refuse to grant the visa; and (b) at any time after the entry to Australia, the applicant holds a Subclass 449 (Humanitarian Stay (Temporary)) visa. (2) Clause 201.221 of Schedule 2 does not apply in relation to the application. (3) Despite clauses 200.411, 201.411, 202.411, 203.411 and 204.411 of Schedule 2, the applicant may be in or outside Australia, but not in immigration clearance, when the Refugee and Humanitarian (Class XB) visa is granted. Part 103—Amendments made by the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 10301 Operation of Schedule 1 The amendments made by Schedule 1 to the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 apply in relation to any Subclass 485 (Temporary Graduate) visa granted before, on or after 31 January 2020. 10302 Operation of Schedule 2 The amendments made by Part 1 of Schedule 2 to the Migration Amendment (Extension of Temporary Graduate and Skilled Regional Provisional Visas) Regulations 2022 apply in relation to any Subclass 489 (Skilled—Regional (Provisional)) visa granted before, on or after 31 January 2020, other than a visa that is cancelled before the earlier of: (a) 18 February 2022; and (b) the last date on which, disregarding those amendments, the holder of the visa could travel to, enter and remain in Australia under the visa. Part 104—Amendments made by the Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 10401 Operation of Part 2 of Schedule 1 Despite the amendments of item 1234 of Schedule 1, Part 403 of Schedule 2 and clause 8577 of Schedule 8 to these Regulations made by Part 2 of Schedule 1 to the Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022, those provisions, as in force immediately before 4 April 2022, continue to apply in relation to the following as if the amendments had not been made: (a) an application for a visa made before 4 April 2022; (b) a visa granted before that day; (c) a visa granted on or after that day, if the visa is granted as a result of an application for the visa made before that day. Part 105—Amendments made by the Migration Amendment (2022 Measures No. 1) Regulations 2022 10501 Operation of Schedule 1 (Subclass 500 (Student) visas) The amendments of these Regulations made by items 1 to 4 of Schedule 1 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply on and after the commencement of that Schedule in relation to visas granted before, on or after that commencement. 10502 Operation of Schedule 2 (Subclass 445 (Dependent Child) visas) (1) The amendments of these Regulations made by items 1 to 4 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to decisions to refuse to grant Subclass 445 (Dependent Child) visas made after the commencement of that Schedule, whether the application for the visa was made before, on or after that commencement. (2) The amendment of these Regulations made by item 5 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made on or after the commencement of that Schedule. (3) The amendment of these Regulations made by item 7 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made before, on or after the commencement of that Schedule. 10503 Operation of Schedule 3 (Subclass 155 and 157 (Resident Return) visas) (1) The amendment of these Regulations made by item 1 of Schedule 3 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made on or after the commencement of that Schedule. (2) The amendments of these Regulations made by items 2 and 3 of Schedule 3 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to visa applications made before, on or after the commencement of that Schedule. Part 106—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 10601 Operation of Part 1 of Schedule 1 The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 apply in relation to an application for a visa made on or after 5 March 2022. Part 107—Amendments made by the Migration Amendment (2022 Measures No. 2) Regulations 2022 10701 Operation of Schedule 1 (Subclass 476 (Skilled—Recognised Graduate) visas) The amendments made by Part 1 of Schedule 1 to the Migration Amendment (2022 Measures No. 2) Regulations 2022 apply to a Subclass 476 (Skilled— Recognised Graduate) visa if: (a) the visa: (i) was granted before 31 January 2020; and (ii) did not cease to be in effect before 31 January 2020; or (b) the visa is granted on or after 31 January 2020. 10702 Operation of Schedule 2 (Electronic Travel Authority (Class UD) visas) (1) The amendments made by Part 1 of Schedule 2 to the Migration Amendment (2022 Measures No. 2) Regulations 2022 apply in relation to an application for a visa made on or after 5 April 2022. (2) For the purposes of paragraph 2.07AB(1)(g), as amended by Part 1 of Schedule 2 to the Migration Amendment (2022 Measures No. 2) Regulations 2022, an approval by the Minister that: (a) is an approval of an agent as an agent with whom an application for an Electronic Travel Authority (Class UD) visa may be made; and (b) was in force immediately before 5 April 2022; has effect, on and after 5 April 2022, as if it had been made for the purposes of that paragraph. 10703 Operation of Schedule 3 (Temporary Skill Shortage (Class GK) visas) The amendments made by Schedule 3 to the Migration Amendment (2022 Measures No. 2) Regulations 2022 apply in relation to an application referred to in subparagraph 1240(3)(b)(i) of Schedule 1 to these Regulations that is made on or after the commencement of those amendments. Part 108—Amendments made by the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022 and Migration Amendment (Postgraduate Research in Critical Technology— Student Visa Conditions) Regulations 2022 10801 Operation of amendments relating to Subclass 500 (Student) visas The amendments made by Division 1 of Part 1 of Schedule 1 to the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022 and Part 1 of Schedule 1 to the Migration Amendment (Postgraduate Research in Critical Technology—Student Visa Conditions) Regulations 2022 apply in relation to any application for a visa made on or after 1 July 2022. 10802 Operation of Part 2 of Schedule 1 (public interest criterion and visa cancellation) (1) The amendments made by Division 1 of Part 2 of Schedule 1 to the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022 apply in relation to any application for a visa made after the commencement of that Part. (2) The amendments made by Division 2 of Part 2 of Schedule 1 to the Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022 apply in relation to any visa granted before, at or after the commencement of that Part. Part 109—Amendments made by the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022 10901 Operation of Schedule 2 (New Zealand Citizen Family Relationship (Temporary) visas) (1) The amendments of these Regulations made by items 1 to 5 of Schedule 2 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022 apply in relation to an application for a visa made on or after 1 July 2022. (2) The amendment of these Regulations made by item 6 of Schedule 2 to the Home Affairs Legislation Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to a visa granted on or after 1 July 2022, whether the application for the visa was made before, on or after that date. Part 110—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2022 11001 Operation of Part 1 of Schedule 1 The amendments of these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2022 apply in relation to visa applications made on or after 1 July 2022. Part 111—Amendments made by the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 11101 Operation of amendments The amendments of these Regulations made by the Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 apply in relation to an application for a Subclass 485 (Temporary Graduate) visa made on or after 1 July 2022. Part 112—Amendments made by the Migration Amendment (Subclass 202 Visas) Regulations 2022 11201 Operation of Part 1 of Schedule 1 (Subclass 202 (Global Special Humanitarian) visas) The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Subclass 202 Visas) Regulations 2022 apply in relation to an application for a visa made on or after the commencement of that Part. 11202 Transitional provision—application for Subclass 202 (Global Special Humanitarian) visa made on or after 1 July 2022 (1) This clause applies to an application for a Subclass 202 (Global Special Humanitarian) visa that is made during the period that: (a) starts on 1 July 2022; and (b) ends immediately before the commencement of Part 1 of Schedule 1 to the Migration Amendment (Subclass 202 Visas) Regulations 2022. (2) Paragraph 1402(2)(b) of Schedule 1, as in force immediately before the commencement of Part 1 of Schedule 1 to the Migration Amendment (Subclass 202 Visas) Regulations 2022, applies in relation to the application as if: (a) the reference to $16 444 were instead a reference to $4 755; and (b) the reference to $2 680 were instead a reference to Nil. 11203 Operation of Part 2 of Schedule 1 (Subclass 202 (Global Special Humanitarian) visas) The amendments made by Part 2 of Schedule 1 to the Migration Amendment (Subclass 202 Visas) Regulations 2022 apply in relation to a decision to grant or not to grant a Subclass 202 (Global Special Humanitarian) visa made on or after the commencement of that Part, whether the application for the visa was made before, on or after that commencement. Part 113—Amendments made by the Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 11301 Operation of Schedule 1 (Subclasses 100 (Partner) and 309 (Partner (Provisional)) visas) The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 apply in relation to a decision to grant or not to grant a Subclass 100 (Partner) visa or a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of that Schedule, whether the application for the visa was made before, on or after that commencement. Part 114—Amendments made by the Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 11401 Operation of amendments (1) The amendment made by item 2 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 applies in relation to an application for a Subclass 189 (Skilled—Independent) visa made before 10 December 2022 if a decision has not been made to grant, or refuse to grant, the visa before that day. (2) The amendment made by item 3 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 applies in relation to an application for a Subclass 189 (Skilled—Independent) visa, whether made (or taken to be made) before, on or after 10 December 2022, if: (a) the application is made by a person seeking to satisfy the secondary criteria for the grant of the visa as a member of the family unit of a person who applied for their visa (the primary visa) before 10 December 2022; and (b) a decision has not been made to grant, or refuse to grant, the primary visa before that day. Part 115—Amendments made by the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 11501 Operation of amendments (1) The amendments made by items 5 to 8 and 13 to 17 of Part 1 of Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 apply in relation to an application for a visa made, or taken to have been made, on or after the commencement of those items. (2) The amendments made by items 9 and 11 of Part 1 of Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 apply in relation to an application for a visa made, or taken to have been made, before, on or after the commencement of those items. (3) The amendments made by items 10 and 12 of Part 1 of Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 apply in relation to a visa granted before, on or after the commencement of those items. Part 116—Amendments made by the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023 11601 Operation of amendments The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Subclass 309 Applicant Review Rights) Regulations 2023 apply in relation to a decision to refuse to grant a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of that Part, whether the visa application was made before, on or after that commencement. Part 117—Amendments made by the Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023 11701 Operation of amendments (1) The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023 apply in relation to an application for a visa made on or after the commencement of that Part. (2) The amendments made by Part 2 of Schedule 1 to the Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023 apply in relation to work engaged in by a visa holder on or after the commencement of that Part, whether or not the visa was granted before, on or after that commencement. Part 118—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2023 11801 Operation of amendments The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2023 apply in relation to visa applications made on or after 1 July 2023. Part 119—Amendments made by the Migration Amendment (Giving Documents) Regulations 2023 11901 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Giving Documents) Regulations 2023 apply in relation to the giving of a document on or after the commencement of that Schedule. Part 120—Amendment made by the Migration Amendment (Biosecurity Contravention) Regulations 2023 12001 Operation of amendment The amendment made by Schedule 1 to the Migration Amendment (Biosecurity Contravention) Regulations 2023 applies in relation to the cancellation of a visa if: (a) the visa was granted before, on or after the commencement of that Schedule; and (b) the contravention occurs on or after that commencement. Part 121—Amendments made by the Migration Amendment (Resolution of Status Visa) Regulations 2023 12101 Definitions In this Part: amending regulations means the Migration Amendment (Resolution of Status Visa) Regulations 2023. identity information criterion means subclause 851.228(2) of Schedule 2, as inserted by Schedule 2 to the amending regulations. 12102 Operation of amendments (1) The amendments made by Schedule 2 to the amending regulations apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after that commencement. (2) For an application made on the basis of meeting the requirements of item 4, 4A or 5 of the table in subitem 1127AA(3) of Schedule 1, the identity information criterion applies in relation to an invitation under section 56 of the Act whether given before, on or after the commencement of that criterion. (3) For an application taken to be a valid application for a Resolution of Status (Class CD) visa under regulation 2.08G, the identity information criterion applies in relation to an invitation under section 56 of the Act whether given before, on or after the commencement of that criterion, provided that the invitation was given after regulation 2.08G started to apply in relation to the application. Part 122—Amendments made by the Migration Amendment (Subclass 500 Visas) Regulations 2024 12201 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 500 Visas) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 123—Amendments made by the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 12301 Definitions In this Part: amending regulations means the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023. 12302 Operation of amendments (1) The amendment of regulation 2.12F of these Regulations made by Schedule 1 to the amending regulations applies in relation to the withdrawal of a visa application on or after the commencement of that amendment, if the nomination application: (a) is made on or after 18 March 2018 and not finally determined before that commencement; or (b) is made on or after that commencement. (2) The amendments of regulation 5.19 of these Regulations made by Schedule 1 to the amending regulations apply in relation to an application under that regulation: (a) made on or after 18 March 2018 and not finally determined before the commencement of those amendments; or (b) made on or after the commencement of those amendments. (3) The amendments of clause 1240 of Schedule 1 to these Regulations made by Schedule 1 to the amending regulations apply in relation to visa applications made on or after the commencement of those amendments. Part 124—Amendments made by the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 12401 Definitions In this Part: amending regulations means the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023. 12402 Operation of Schedule 1 (1) The amendments of these Regulations made by items 1 and 2 of Schedule 1 to the amending regulations apply in relation to a decision to refuse to grant a Subclass 300 (Prospective Marriage) visa or a Subclass 309 (Partner (Provisional)) visa made on or after the commencement of those items, whether the visa application was made before, on or after that commencement. (2) The amendments of these Regulations made by items 3 to 8 of Schedule 1 to the amending regulations apply in relation to a visa granted on or after the commencement of those items, whether the visa application was made before, on or after that commencement. Part 125—Amendments made by the Migration Amendment (Subclass 200 and 201 Visas) Regulations 2023 12501 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Subclass 200 and 201 Visas) Regulations 2023 apply in relation visa applications: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after that commencement. Part 126—Amendments made by the Migration Amendment (Bridging Visa Conditions) Act 2023 12601 Operation of amendments The amendments of these Regulations made by Part 1 of Schedule 2 to the Migration Amendment (Bridging Visa Conditions) Act 2023 apply in relation to a visa granted on or after the commencement of those amendments. Part 127—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2023 12701 Operation of amendments (1) Regulations 2.25AA and 2.25AB, as amended by Part 1 of Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2023, apply in relation to the grant of a visa on or after the commencement of that Part. (2) Regulation 2.25AE, as inserted by that Part, applies in relation to a visa granted before, on or after the commencement of that Part. (3) Schedules 2 and 8, as amended by that Part, apply in relation to a visa granted on or after the commencement of that Part. Part 128—Amendments made by the Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 12801 Operation of amendments (1) The amendments of Schedules 1 and 2 to these Regulations made by Part 1 of Schedule 1 to the Migration Amendment (Pacific Australia Labour Mobility Scheme) Regulations 2024 (the amending Part) apply in relation to an application for a visa made on or after the commencement of the amending Part. (2) Clause 8611 of Schedule 8 to these Regulations, as amended by the amending Part, applies in relation to a visa granted on or after the commencement of the amending Part. Part 129—Amendments made by the Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024 12901 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024 apply in relation to an application for a visa made, but not finally determined, before 9 February 2023. Part 130—Amendments made by the Migration Amendment (Bridging Visas) Regulations 2024 13001 Operation of amendments Regulation 2.25AB, as amended by Schedule 1 to the Migration Amendment (Bridging Visas) Regulations 2024, applies in relation to the grant of a visa on or after the commencement of that Schedule. Part 131—Amendments made by the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 13101 Operation of amendments (1) The amendments of Schedule 2 to these Regulations made by Parts 1 and 2 of Schedule 1 to the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 apply in relation to a visa granted on or after the commencement of those Parts. (2) The amendments of Schedule 1 to these Regulations made by Part 3 of Schedule 1 to the Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 apply in relation to a visa application made on or after the commencement of that Part. Part 132—Amendments made by the Migration Amendment (Work Related Visa Conditions) Regulations 2024 13201 Operation of amendment (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Work Related Visa Conditions) Regulations 2024 apply in relation to a visa granted on or after the commencement of that Schedule. (2) The amendments also apply, after the commencement of that Schedule, in relation to a visa granted before that commencement, for the part of the visa period for the visa that occurs after that commencement, but any period for which the holder of the visa ceased employment before that commencement is to be disregarded. Part 133—Amendments made by the Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024 13301 Operation of amendment The amendment made by Schedule 1 to the Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024 applies in relation to a person who departs Australia on or after the commencement of that Schedule (regardless of when the person enters Australia). Part 134—Amendments made by the Migration Amendment (Graduate Visas) Regulations 2024 13401 Operation of amendments (1) The amendments of Schedule 2 to these Regulations made by Schedule 1 to the Migration Amendment (Graduate Visas) Regulations 2024 (the amending Schedule) apply in relation to an application for a visa made on or after the commencement of the amending Schedule. (2) The amendments of Schedule 8 to these Regulations made by the amending Schedule apply in relation to a visa granted on or after that commencement if the application for the visa was made on or after that commencement. Part 135—Amendments made by the Migration Amendment (Strengthening Reporting Protections) Regulations 2024 13501 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Strengthening Reporting Protections) Regulations 2024 apply in relation to a breach of a condition to which a visa is subject that occurs before, on or after the commencement of that Schedule. Part 136—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2024 13601 Operation of amendments The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2024 apply in relation to visa applications made on or after 1 July 2024. Part 137—Amendments made by the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 13701 Operation of amendments (1) The amendments of regulations 1.23 and 1.25 of, and of Schedule 2 to, these Regulations made by Schedule 1 to the Migration Amendment (Family Violence Provisions for Partner Visa Applicants) Regulations 2024 (the amending Schedule) apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of the amending Schedule; or (b) made on or after that commencement. (2) The amendment of regulation 4.02 of these Regulations made by the amending Schedule applies in relation to a decision made before, on or after the commencement of that Schedule. Part 138—Amendments made by the Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024 13801 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 139—Amendments made by the Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024 13901 Definition In this Part: amending Part means Part 1 of Schedule 1 to the Migration Amendment (Administrative Review Tribunal Consequential Amendments) Regulations 2024. 13902 Application provision—invitation to give additional information or comments The amendments made to paragraphs 2.15(1)(a), (3)(a) and (4)(a) by the amending Part apply in relation to an invitation given under section 56 or 57 of the Act on or after the commencement of the amending Part. 13903 Transitional provision—invitation to give additional information or comments (1) This clause applies if: (a) an invitation was given under section 56 or 57 of the Act before the commencement of the amending Part; and (b) the prescribed period for the invitation was the period prescribed by sub-subparagraph 2.15(1)(b)(ii)(B) or subparagraph 2.15(3)(b)(ii) of these Regulations (as the case may be); and (c) immediately before that commencement, that period has not ended. (2) The prescribed period for the invitation is taken, on and after the commencement of the amending Part, to be the period prescribed by sub-subparagraph 2.15(1)(b)(ii)(C) or subparagraph 2.15(3)(b)(iii) of these Regulations (as the case may be). 13904 Application and saving provisions—review application fee (1) Subregulation 4.31B(2), as inserted by the amending Part, applies in relation to an application for review made on or after the commencement of the amending Part. (2) Despite the repeal of subregulation 4.31B(2) as in force immediately before the commencement of the amending Part, that subregulation continues to apply, on and after that commencement, in relation to an application for review made before that commencement, as if the repeal had not happened. Part 140—Amendments made by the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 14001 Operation of amendments The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after that commencement. Part 141—Amendments made by the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 14101 Operation of amendments The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after that commencement. Part 142—Amendments made by the Migration Amendment (National Innovation Visa) Regulations 2024 14201 Operation of amendments (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (National Innovation Visa) Regulations 2024 apply in relation to an application for a visa made on or after 6 December 2024. (2) To avoid doubt, the reference in paragraph 773.213(2)(zy) of Schedule 2 to these Regulations to a National Innovation (Class BX) visa is taken to include a reference to: (a) a Distinguished Talent (Class BX) visa issued on the basis of an application made before 27 February 2021; and (b) a Global Talent (Class BX) visa issued on the basis of an application made before 6 December 2024. Part 143—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2024 14301 Operation of amendments The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2024 apply in relation to a visa granted on or after the commencement of that Schedule. Part 144—Amendments made by the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024 14401 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024 apply in relation to an application for a visa made on or after 1 February 2025. Part 145—Amendments made by the Migration Amendment (2024 Measures No. 1) Regulations 2024 14501 Definitions In this Part: amending regulations means the Migration Amendment (2024 Measures No. 1) Regulations 2024. 14502 Operation of Part 1 of Schedule 1 (1) Division 2.17 of Part 2A, as amended by Part 1 of Schedule 1 to the amending regulations, applies in relation to the nomination of a proposed occupation that is made on or after 7 December 2024. (2) If: (a) a nomination of a proposed occupation was made in relation to a proposed applicant for a Subclass 482 (Temporary Skill Shortage) visa before 7 December 2024; and (b) no Subclass 482 (Temporary Skill Shortage) visa application was made in relation to the nomination before 7 December 2024; then the nominated occupation: (c) is taken, from when it is, or was, approved, to have been approved in relation to an applicant or proposed applicant for a Subclass 482 (Skills in Demand) visa; and (d) is taken to have been nominated for that visa in: (i) if the occupation is an occupation in Major Group 1, 2, 4, 5 or 6 in ANZSCO and the annual earnings (excluding non-monetary benefits) for an applicant in relation to the occupation is equal to or more than the specialist skills income threshold—the Specialist Skills stream; or (ii) otherwise—the Core Skills stream; and (e) continues in effect until the approval of the nomination ceases under regulation 2.75, as amended by Part 1 of Schedule 1 to the amending regulations. (3) Schedules 1 and 2 to these Regulations, as amended by Part 1 of Schedule 1 to the amending regulations, apply in relation to an application for a visa made on or after 7 December 2024. (4) Despite the amendments of clause 8607 of Schedule 8 to these Regulations made by Part 1 of Schedule 1 to the amending regulations, that clause, as in force immediately before 7 December 2024, continues to apply in relation to the following as if the amendments had not been made: (a) a visa granted before 7 December 2024; (b) a visa granted on or after 7 December 2024, if the visa is granted as a result of an application for the visa made before 7 December 2024. 14503 Operation of Part 2 of Schedule 1 (1) Regulation 5.19, as amended by Part 2 of Schedule 1 to the amending regulations, applies in relation to an application for the approval of the nomination of a position made on or after 7 December 2024. (2) Clauses 186.226 and 186.227 of Schedule 2 to these Regulations, as inserted by Part 2 of Schedule 1 to the amending regulations, apply in relation to an application for a visa: (a) made on or after 7 December 2024; and (b) made in relation to a position nominated in an application made under regulation 5.19 on or after 7 December 2024. (3) The amendment of these Regulations made by item 123 of Part 2 of Schedule 1 to the amending regulations, applies in relation to an application for a visa: (a) made, but not finally determined, before 7 December 2024; or (b) made on or after 7 December 2024. 14504 Operation of Part 3 of Schedule 1 Subregulation 2.86(3), as amended by Part 3 of Schedule 1 to the amending regulations, applies to a person who is an approved work sponsor in relation to a primary sponsored person whether the sponsor’s approval in relation to the primary sponsored person was given before, on or after 7 December 2024. Part 146—Amendments made by the Migration Amendment (Skills Assessing Authorities) Regulations 2024 14601 Operation of amendments (1) Despite the repeal of subregulation 2.26B(1B) by Part 1 of Schedule 1 to the Migration Amendment (Skills Assessing Authorities) Regulations 2024 (the amending Part), an approval given under that subregulation that is in force immediately before the commencement of the amending Part continues to be in force, after that commencement, as if the repeal had not happened. (2) Subregulation 2.26B(1BC), as inserted by the amending Part, applies in relation to an approval given under subregulation 2.26B(1B) before, on or after the commencement of the amending Part. (3) Subregulation 2.26B(1BG), as inserted by the amending Part, applies in relation to the following: (a) an approval given under subregulation 2.26B(1B) on or after the commencement of the amending Part; (b) an approval given under subregulation 2.26B(1B) before that commencement if the ground for the revocation of the approval relates to: (i) if the ground for the revocation is the ground mentioned in paragraph 2.26B(1BG)(a) or (c)—a thing done, or not done, on or after that commencement; and (ii) otherwise—a thing done, or not done, after the time mentioned in subregulation 2.26B(1BD). (4) The amendments of these Regulations made by items 18, 20, 23, 31 and 32 of the amending Part apply in relation to an application for a visa made on or after the commencement of that Part. (5) The amendments of these Regulations made by items 25 and 26 of the amending Part apply in relation to an application made in response to an invitation given by the Minister on or after the commencement of that Part. Part 147—Amendments made by the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 and application of family violence provisions to repealed Subclass 132 14701 Operation of amendments The amendments of these Regulations made by Parts 1 and 2 of Schedule 1 to the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 apply in relation to an application for a visa: (a) made, but not finally determined, before 17 December 2024; or (b) made on or after 17 December 2024. 14702 Application of family violence provisions to repealed Subclass 132 (Business Talent) visa (1) This clause applies in relation to an application for a Subclass 132 (Business Talent) visa made but not finally determined before 17 December 2024. Note: The Subclass 132 (Business Talent) visa was repealed on 1 July 2021 by Schedule 1 to the Home Affairs Legislation Amendment (2021 Measures No. 1) Regulations 2021. (2) For the purposes of determining the second instalment of the visa application charge that applies in relation to the application on or after 17 December 2024, apply paragraph 1104AA(2)(b) of Schedule 1 (as in force immediately before 1 July 2021) as if the table in that paragraph had been replaced with the following table: Second instalment Item Applicant Amount 1 Applicant who: $9 795 (a) was at least 18 at the time of application; and (b) is assessed as not having functional English; and (c) satisfies the primary criteria for the grant of a Subclass 132 (Business Talent) visa 2 Applicant who: $4 890 (a) was at least 18 at the time of application; and (b) is assessed as not having functional English; and (c) satisfies the secondary criteria for the grant of a Subclass 132 (Business Talent) visa; and (d) is an applicant to whom item 3 does not apply 3 Applicant who meets the requirements of subclause 132.311(3), Nil (4) or (5) of Schedule 2 4 Any other applicant Nil (3) For the purposes of determining the application on or after 17 December 2024, apply clauses 132.211, 132.213 and 132.214 of Schedule 2 as if those clauses (as in force immediately before 1 July 2021) had been replaced with the following: “132.211 (1) The following persons must not have a history of involvement in business or investment activities that are of a nature that is not generally acceptable in Australia: (a) the applicant (the primary applicant); (b) the primary applicant’s spouse or de facto partner; (c) the person covered by subclause (2). (2) This subclause covers a person if: (a) at the time of application, the person was the spouse or de facto partner of the primary applicant; and (b) the relationship between the primary applicant and the person has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the person; (ii) a member of the family unit of the person who has made a combined application with the person or with the primary applicant; (iii) a dependent child of the person or of the primary applicant.” “132.213 (1) The applicant (the primary applicant) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021. (2) If the primary applicant has turned 18 at the time of application, the primary applicant satisfies public interest criterion 4019. (3) Each person who is covered by subclause (4), (5) or (6) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020. (4) This subclause covers a person who is a member of the family unit of the primary applicant who is also an applicant for a Subclass 132 visa. (5) This subclause covers a person (the relevant person) if: (a) the relevant person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant; and (b) the relevant person is an applicant for a Subclass 132 visa; and (c) the Minister is satisfied that: (i) the relevant person; or (ii) a member of the family unit of the relevant person who has made a combined application with the relevant person or with the primary applicant; or (iii) a dependent child of the relevant person or of the primary applicant; has experienced family violence committed by the primary applicant. Note: For special provisions relating to family violence, see Division 1.5. (6) This subclause covers a person if: (a) the person was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and (b) the person is an applicant for a Subclass 132 visa; and (c) the person is a member of the family unit of a person covered by subclause (5). (7) Each person: (a) who either: (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 132 visa; or (ii) is covered by subclause (5) or (6); and (b) who had turned 18 at the time of the primary applicant’s application; satisfies public interest criterion 4019. (8) If a person: (a) either: (i) is a member of the family unit of the primary applicant and also an applicant for a Subclass 132 visa; or (ii) is covered by subclause (5) or (6); and (b) has not turned 18; public interest criteria 4015 and 4016 are satisfied in relation to the person. (9) Each person: (a) who is a member of the family unit of the primary applicant; and (b) who is not an applicant for a Subclass 132 visa; satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion. (10) Each person: (a) who was, at the time of the primary applicant’s application, a member of the family unit of the primary applicant but is no longer a member of the family unit of the primary applicant; and (b) who is a member of the family unit of a person who is covered by subclause (5); and (c) who is not an applicant for a Subclass 132 visa; satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.” “132.214 (1) The applicant satisfies special return criteria 5001, 5002 and 5010. (2) Each person covered by subclause 132.213(4), (5) or (6) satisfies special return criteria 5001, 5002 and 5010.” (4) For the purposes of determining the application on or after 17 December 2024, apply Division 132.3 of Schedule 2 as if that Division (as in force immediately before 1 July 2021) had been replaced with the following: Division 132.3—Secondary criteria Note: These criteria are for applicants seeking to satisfy the secondary criteria. All criteria must be satisfies at the time a decision is made on the application. 132.311 (1) The applicant meets the requirements of subclause (2), (3), (4), (5) or (6). (2) The applicant: (a) is a member of the family unit of a person who holds a Subclass 132 visa granted on the basis of satisfying the primary criteria for the grant of the visa; and (b) made a combined application with that person. (3) The applicant meets the requirements of this subclause if: (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa, and the primary applicant has since been granted that visa; and (b) the relationship between the primary applicant and the applicant has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the applicant; (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant; (iii) a dependent child of the applicant or of the primary applicant; and (d) the applicant: (i) was in Australia at the time the applicant’s visa application was made; or (ii) entered Australia after the applicant’s visa application was made. (4) The applicant meets the requirements of this subclause if: (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa; and (b) the relationship between the primary applicant and the applicant has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the applicant; (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant; (iii) a dependent child of the applicant or of the primary applicant; and (d) the applicant: (i) was in Australia at the time the applicant’s visa application was made; or (ii) entered Australia after the applicant’s visa application was made; and (e) the Minister has decided to refuse to grant the primary applicant the visa for reasons including that the primary applicant had engaged in conduct involving family violence (whether or not the family violence was against a person mentioned in paragraph (c)). (5) The applicant meets the requirements of this subclause if: (a) at the time of the application, the applicant was the spouse or de facto partner of a person (the primary applicant) seeking to satisfy the primary criteria for the grant of a Subclass 132 visa; and (b) the relationship between the primary applicant and the applicant has ceased; and (c) one or more of the following has experienced family violence committed by the primary applicant: (i) the applicant; (ii) a member of the family unit of the applicant who has made a combined application with the applicant or with the primary applicant; (iii) a dependent child of the applicant or of the primary applicant; and (d) the applicant: (i) was in Australia at the time the applicant’s visa application was made; or (ii) entered Australia after the applicant’s visa application was made; and (e) the Minister has decided to refuse to grant the primary applicant the visa for reasons that the primary applicant does not meet the requirements of clause 132.224 or 132.226; and (f) the primary applicant would have met the requirements of the clause had the relationship between the primary applicant and the applicant not ceased. (6) The applicant meets the requirements of this subclause if: (a) the applicant is a member of the family unit of a person (the secondary applicant) who meets the requirements of subclause (3), (4) or (5); and (b) the applicant has made a combined application with the secondary applicant or the primary applicant mentioned in subclause (3), (4) or (5) (whichever applies to the secondary applicant); and (c) a Subclass 132 visa has since been granted to the secondary applicant. Note: For special provisions relating to family violence, see Division 1.5. 132.312 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021. (2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019. (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018. 132.313 The applicant satisfies special return criteria 5001, 5002 and 5010. 132.314 (1) This clause applies if the applicant (the secondary applicant) meets the requirements of subclause 132.311(3), (4) or (5). (2) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa satisfies: (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4010 and 4020; and (b) special return criteria 5001, 5002 and 5010. (3) Each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa and who has turned 18 at the time of application satisfies public interest criterion 4019. (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of the family unit of the secondary applicant who is an applicant for a Subclass 132 visa and who has not turned 18 at the time of decision. (5) Each member of the family unit of the secondary applicant who is not an applicant for a Subclass 132 visa: (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it would be unreasonable to require the member to undergo assessment in relation to that criterion. Part 148—Amendments made by the Migration Amendment (Graduate Visas No. 2) Regulations 2024 14801 Operation of amendments The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Graduate Visas No. 2) Regulations 2024 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 149—Amendments made by the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024 14901 Definitions In this Part: amending regulations means the Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024. commencement day means the day Schedule 1 to the amending regulations commences. 14902 Operation of amendments (1) The amendments of these Regulations made by Schedule 1 to the amending regulations apply in relation to a visa: (a) made, but not finally determined, before the commencement day; or (b) made on or after the commencement day. (2) If: (a) a labour agreement was entered into before the commencement day; and (b) immediately before the commencement day the labour agreement was still in effect; then, despite the amendment of these Regulations made by Schedule 1 to the amending regulations, the labour agreement continues to have effect on and after the commencement day as if it were a labour agreement made for the purposes of regulation 2.75C, as inserted by Schedule 1 to the amending regulations. Part 150—Amendments made by the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 15001 Definitions In this Part: amending regulations means the Migration Amendment (Differential Student Visa Application Charge) Regulations 2025. commencement day means 22 March 2025. 15002 Application and saving provisions (1) Despite the amendments of regulations 2.12F, 2.12FA, 2.12K and 2.12L made by Schedule 1 to the amending regulations, those regulations, as in force immediately before the commencement day, continue to apply on or after the commencement day until 22 June 2025 in relation to an amount that has been paid by way of the first instalment of the visa application charge paid before the commencement day, as if those amendments had not been made. (2) The amendments of these Regulations made by items 5 and 6 of Schedule 1 to the amending regulations apply in relation to a visa application made on or after the commencement day. Part 151—Amendments made by the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 15101 Operation of amendments (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 apply in relation to an application for a visa made on or after 1 May 2025. (2) However, the amendments made by Schedule 1 do not apply in relation to an application for a visa made on or after that date if the application relates to a selected participant for a visa pre-application process conducted before 1 May 2025 in relation to a Subclass 192 (Pacific Engagement) visa. Part 152—Amendments made by the Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 15201 Operation of amendments The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 153—Amendments made by the Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025 15301 Definitions In this Part: amending regulations means the Migration Amendment (Repeal, Consequential and Technical Amendments) Regulations 2025. commencement day means the day Part 1 of Schedule 1 to the amending regulations commences. 15302 Operation of Part 1 of Schedule 1 (1) The amendments of these Regulations made by Part 1 of Schedule 1 to the amending regulations do not apply in relation to: (a) an application for a visa made before the commencement day; or (b) a visa granted: (i) before the commencement day; or (ii) on or after the commencement day, if the application for the visa was made before that day. (2) Despite the repeal or amendment of provisions of these Regulations by Part 1 of Schedule 1 to the amending regulations, those provisions, as in force immediately before the commencement day, continue to apply in relation to an application for a visa if: (a) the application is taken to have been made by a person before, on or after the commencement day in accordance with regulation 2.08, 2.08A or 2.08B; and (b) for an application taken to have been made in accordance with regulation 2.08—the non-citizen mentioned in paragraph 2.08(1)(a) applied for their visa before the commencement day; and (c) for an application taken to have been made in accordance with regulation 2.08A or 2.08B—the original applicant mentioned in paragraph 2.08A(1)(a) or 2.08B(1)(a), as the case requires, applied for their visa before the commencement day. Part 154—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2025 15401 Operation of amendments The amendments made by Part 1 of Schedule 1 to the Migration Amendment (Visa Application Charges) Regulations 2025 apply in relation to visa applications made on or after 1 July 2025. Part 155—Amendments made by the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025 15501 Definitions In this Part: amending regulations means the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025. commencement day means the day Schedule 1 to the amending regulations commences. 15502 Operation of amendments Amendment of paragraph 2.43(1)(l) (1) The amendment of paragraph 2.43(1)(l) made by Schedule 1 to the amending regulations applies in relation to a decision to cancel a visa made on or after the commencement day, regardless of whether the visa was granted before, on or after the commencement day. Amendments of the definitions of primary sponsored person and secondary sponsored person in subregulation 2.57(1) (2) The amendments of the definitions of primary sponsored person and secondary sponsored person in subregulation 2.57(1) made by Schedule 1 to the amending regulations apply in relation to a Subclass 482 (Skills in Demand) visa granted before, on or after the commencement day. Amendment of paragraph 4.02(4)(l) (3) The amendment of paragraph 4.02(4)(l) made by Schedule 1 to the amending regulations applies in relation to a decision to refuse to grant a visa made on or after the commencement day, regardless of whether the application for the visa was made before, on or after the commencement day. Amendments of clause 186.227 of Schedule 2 (4) The amendments of clause 186.227 of Schedule 2 made by Schedule 1 to the amending regulations apply to an application for a Subclass 186 (Employer Nomination Scheme) visa made on or after the commencement day. Part 156—Amendments made by the Migration Amendment (2025 Measures No. 1) Regulations 2025 15601 Definitions In this Part: amending regulations means the Migration Amendment (2025 Measures No. 1) Regulations 2025. commencement day means the day the amending regulations commence. 15602 Use and disclosure of information Subregulation 2.07AQ(3B), as inserted by Part 2 of Schedule 1 to the amending regulations, authorises the use and disclosure of information whether the information was collected before or after the commencement of that subregulation. 15603 Validity of visa applications by current and former Bridging R (Class WR) visa holders Regulation 2.08H, as inserted by Part 4 of Schedule 1 to the amending regulations, applies: (a) in relation to an application for a visa made on or after the commencement of that Part; and (b) regardless of whether the Bridging R (Class WR) visa mentioned in subregulation 2.08H(1) was granted before, on or after that commencement. 15604 Section 76E of the Act—additional prescribed conditions Additional prescribed conditions (1) This clause applies in relation to the amendments of subregulation 2.25AD(1) made by Part 4 of Schedule 1 to the amending regulations to prescribe the following conditions (the additional prescribed conditions) for the purposes of subsection 76E(1) of the Act: (a) condition 8612; (b) condition 8615; (c) condition 8622; (d) condition 8623; (e) condition 8624; (f) condition 8626. Visas granted on or after commencement day (2) Section 76E of the Act applies in relation to visas granted on or after the commencement day that are subject to one or more additional prescribed conditions. Visas granted before commencement day (3) If: (a) a Subclass 070 (Bridging (Removal Pending)) Visa was granted to a non-citizen before the commencement day; and (b) the visa was subject to one or more of the additional prescribed conditions at the commencement day; section 76E of the Act does not apply in relation to the additional prescribed condition. (4) However, on and after the commencement day, the Minister may administer the visa as if the additional prescribed condition had been imposed under clause 070.612A, as substituted by Part 4 of Schedule 1 to the amending regulations. 15605 Period for which certain conditions are imposed on Subclass 070 (Bridging (Removal Pending)) visa Visas granted on or after commencement day (1) Subject to subclauses (2) and (3), the amendments of subregulation 2.25AE(1) made by Part 4 of Schedule 1 to the amending regulations apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa that is granted on or after the commencement day. Visas granted before commencement day (2) Subclause (3) applies if, at the commencement day: (a) a person holds a Subclass 070 (Bridging (Removal Pending)) visa that is subject to any one or more of the following conditions: (i) condition 8612; (ii) condition 8615; (iii) condition 8622; (iv) condition 8623; (v) condition 8624; (vi) condition 8626; and (b) the visa does not specify a period for which the visa is subject to the condition. (3) For the purposes of regulation 2.25AE, as amended by Part 4 of Schedule 1 to the amending regulations, the visa is taken to be subject to the condition for a period of 12 months beginning on the commencement day. 15606 Suspension of certain visa conditions Regulation 2.25AF, as inserted by Part 4 of Schedule 1 to the amending regulations, applies in relation to a Subclass 070 (Bridging (Removal Pending)) visa that is subject to a community safety condition (within the meaning of subregulation 2.25AF(1)) whether the visa is granted before, on or after the commencement day. 15607 Amendment of condition 8623 The amendment of condition 8623 by Part 4 of Schedule 1 to the amending regulations applies in relation to a visa that is subject to that condition, whether the visa is granted before, on or after the commencement day. Part 157—Amendments made by the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 15701 Operation of amendments The amendments of these Regulations made by Part 2 of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 apply in relation to an application for a visa: (a) made on or after the commencement of that Part; and (b) made, but not finally determined, before that commencement. Part 158—Amendments made by the Counter-Terrorism Legislation Amendment (State Sponsors of Terrorism) Regulations 2025 15801 Operation of amendments Schedule 8, as amended by the Counter-Terrorism Legislation Amendment (State Sponsors of Terrorism) Regulations 2025, applies in relation to a visa granted on or after the commencement of that instrument. Part 159—Amendments made by the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2026 15901 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 160—Amendments made by the Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026 16001 Operation of amendments The amendments made by Schedule 1 to the Migration Amendment (Training Visas—Sponsorship Requirements) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule. Part 162—Amendments made by the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026 16201 Operation of amendments (1) Regulation 4.18 of these regulations, as inserted by Schedule 1 to the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026, applies to an application for review of a decision to refuse to grant a student visa that is: (a) made on or after the commencement of that Schedule; or (b) both: (i) made before that commencement; and (ii) in relation to which the President of the ART has not, before that commencement, directed that a member or members constitute the ART under section 37 of the Administrative Review Tribunal Act 2024. (2) Regulation 4.19 of these regulations, as inserted by Schedule 1 to the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026, applies in relation to an application that ceases to be an application to be reviewed on the papers on or after the commencement of that Schedule, whether the application was made before, on or after that commencement. 16202 Applications that become applications to be reviewed on the papers on commencement For an application that becomes an application to be reviewed on the papers on commencement of Schedule 1 to the Migration Amendment (Administrative Review of Student Visa Refusal Decisions) Regulations 2026, for the purposes of subsection 367C(5) of the Act, any steps taken in relation to the application under section 359A of the Act before that commencement are to be treated as steps taken under subsection 367G(1) of the Act and (where relevant) in accordance with section 367H of the Act.