Commonwealth Coat of Arms of Australia

 

Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024

I, the Honourable Frances Adamson AC, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated   29 August 2024

Frances Adamson AC

Administrator

By Her Excellency’s Command

Tony Burke

Minister for Immigration and Multicultural Affairs

 

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Migration Regulations 1994

 

1  Name

  This instrument is the Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

16 September 2024.

16 September 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Migration Act 1958.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Migration Regulations 1994

1  After subitem 1224A(3) of Schedule 1

Insert:

 (3A) If:

 (a) the applicant is not, and has not previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa; and

 (b) the applicant holds a valid passport issued by a foreign country specified by the Minister in a legislative instrument made for the purposes of this paragraph;

the requirements of the following table must be met.

 

Requirements for certain applicants

Item

Requirements

1

The applicant is a selected participant for a visa preapplication process (the relevant process) conducted under subsection 46C(1) of the Act in relation to:

(a) a Subclass 462 (Work and Holiday) visa; and

(b) the foreign country that issued the valid passport held by the applicant

2

At the time the applicant became a registered participant for the relevant process, the applicant held a valid passport issued by the foreign country to which the relevant process relates

3

The application is made on or before the date specified in the notice given to the applicant after becoming a selected participant for the relevant process as the date by which the applicant must make a valid visa application for a Subclass 462 (Work and Holiday) visa

Note: A determination made under subsection 46C(14) of the Act determines rules that apply in relation to the conduct of the relevant process, including when a person is a registered participant, and a selected participant, for the relevant process. It also provides for the giving of the notice referred to in item 3 of the table.

2  In the appropriate position in Schedule 13

Insert:

Part 138Amendments 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.