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application when the regulation takes effect; and

    (e) if the non-citizen had been immigration cleared at the time of making the application—that application, and any other application made by the non-citizen for a protection visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and

    (f) on and after the regulation takes effect, this Act applies as if the non-citizen had applied for a protection visa immediately after the regulation takes effect.

SCHEDULE—continued

"(2) To avoid doubt:

    (a) paragraphs (1)(d) and (e) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the Immigration Review Tribunal, the Refugee Review Tribunal, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and

    (b) no visa may be granted to the non-citizen as a direct, or indirect, result of such an application.

"(3) Subsection (1) does not apply in relation to a non-citizen who, before the regulation referred to in that subsection takes effect, has:

    (a) been granted a substantive visa as a result of an application referred to in that subsection; or

    (b) been determined under this Act to be a non-citizen who satisfies the criterion mentioned in subsection 36(2).

"(4) The cut off day specified in the regulation must not be:

    (a) before a day on which the Minister, by notice in the Gazette, announces that he or she intends that such a regulation will be made; or

    (b) more than 6 months before the regulation takes effect.".

3. Subparagraph 198(7)(d)(i):

Omit "subsection 91F(1)", substitute "paragraph 91F(1)(a)".

4. Subparagraph 198(7)(d)(ii):

Omit "subsection", substitute "paragraph".

[Minister's second reading speech made in—
    Senate on 31 January 1995
    House of Representatives on 9 February 1995]