Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03
Insert:
COVID-19 affected visa means:
(a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or
(b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2).
2 At the end of Division 1.2 of Part 1
Add:
(1) A Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa ) is covered by this subregulation if:
(a) the covered visa is granted to a person before 20 March 2020; and
(b) the covered visa is in effect on 20 March 2020; and
(c) between 1 July 2021 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and
(d) the person is outside Australia when the application is made; and
(e) if the covered visa is in effect when the application is made--the covered visa did not, when granted, permit the person to travel to, enter or remain in Australia after 31 December 2021; and
(f) if the covered visa is not in effect when the application is made:
(i) the covered visa ceased to be in effect on or before 31 December 2021; and
(ii) the person was outside Australia when the covered visa ceased to be in effect; and
(iii) if the covered visa was cancelled--it was cancelled on the ground specified in paragraph 2.43(1)(g).
(2) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of COVID-19 affected visa in regulation 1.03.
(3) Without limiting subregulation (2), a legislative instrument under that subregulation may specify a kind of Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa by reference to circumstances relating to a person who holds or held the visa.
3 Paragraph 1224A(2)(a) of Schedule 1
Repeal the paragraph, substitute:
(a) the base application charge (payable at the time the application is made) is:
(i) for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)--nil; or
(ii) in any other case--$495; and
4 At the end of subitem 1224A(3) of Schedule 1
Add:
(d) A reference in paragraph (b) or (c) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID-19 affected visa.
5 Paragraph 1225(2)(a) of Schedule 1
Repeal the paragraph, substitute:
(a) the base application charge (payable at the time the application is made) is:
(i) for an applicant in a class of persons specified in a legislative instrument made for the purposes of this subparagraph under subregulation 2.07(5)--nil; or
(ii) in any other case--$495; and
6 After subitem 1225(3B) of Schedule 1
Insert:
(3BA) A reference in subitem (3A) or (3B) to a Subclass 417 (Working Holiday) visa does not include a reference to a COVID-19 affected visa.
7 At the end of clause 417.211 of Schedule 2
Add:
(7) A reference in subclause (5) or (6) to a Subclass 417 visa does not include a reference to a COVID-19 affected visa.
8 Clause 417.222 of Schedule 2
Before "If", insert "(1)".
9 Paragraph 417.222(b) of Schedule 2
Omit "(Working Holiday)" (wherever occurring).
10 At the end of clause 417.222 of Schedule 2
Add:
(2) A reference in subclause (1) to a Subclass 417 visa does not include a reference to a COVID-19 affected visa.
11 Paragraph 462.211(a) of Schedule 2
After "Subclass 462 visa", insert "other than a COVID-19 affected visa".
12 Paragraph 462.211A(a) of Schedule 2
After "Subclass 462 (Work and Holiday) visa", insert "other than a COVID-19 affected visa)".
13 Clause 462.211B of Schedule 2
After "Subclass 462 (Work and Holiday) visa", insert "other than a COVID-19 affected visa".
14 Clause 462.218 of Schedule 2
Before "If", insert "(1)".
15 At the end of clause 462.218 of Schedule 2
Add:
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID-19 affected visa.
16 Clause 462.219 of Schedule 2
Before "If", insert "(1)".
17 At the end of clause 462.219 of Schedule 2
Add:
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID-19 affected visa.
18 Clauses 462.221 and 462.221A of Schedule 2
After "Subclass 462 (Work and Holiday) visa", insert "other than a COVID-19 affected visa".
19 Clause 462.224 of Schedule 2
Before "If", insert "(1)".
20 At the end of clause 462.224 of Schedule 2
Add:
(2) A reference in subclause (1) to a Subclass 462 (Work and Holiday) visa does not include a reference to a COVID-19 affected visa.