Document ID: chunk:federal_register_of_legislation:C2024C00800:section:76aa:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 76AA (pt 2/3)
Character Range: 244649–247325

visa is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be), apply in relation to the BVR visa:
 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;
 (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the visa holder to remain in Australia;
 (c) a provision specifying the conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) is subject.
 (6) The non‑citizen's BVR visa must not be subject to either of the following conditions:
 (a) a condition requiring the non‑citizen to remain, between certain times of a day, at a particular address for the non‑citizen for the day;
 (b) a condition requiring the non‑citizen to wear a monitoring device.

Minister must not do certain things while the community safety order is in force
 (7) The Minister must not do either of the following at any time while the community safety order made in relation to the non‑citizen is in force:
 (a) invite the non‑citizen, for the purposes of the regulations, to apply for another Subclass 070 (Bridging (Removal Pending)) visa;
 (b) grant (whether or not on application) the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa under the regulations.

Inconsistency between the community safety order and the BVR visa
 (8) If:
 (a) the community safety order that is in force in relation to the non‑citizen is a community safety supervision order; and
 (b) at a particular time, one or more conditions (the supervision order conditions) are imposed on the non‑citizen by the community safety supervision order; and
 (c) at that time, a condition to which the non‑citizen's BVR visa is subject is inconsistent, in whole or in part, with any of the supervision order conditions;
then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition to the extent of any such inconsistency.
 (9) If:
 (a) the community safety order made in relation to the non‑citizen is a community safety detention order; and
 (b) the non‑citizen is unable, at a particular time, to comply with a condition to which the non‑citizen's BVR visa is subject; and
 (c) the non‑citizen is unable to comply with the condition only because the community safety detention order is in force in relation to the non‑citizen at that time;
then, despite subsections (4) and (5), the BVR visa is to be taken, at that time, not to be subject to that condition.
 (10) Subsections (8) and (9) do not apply at any time while the community safety order made in relation