Document ID: chunk:federal_register_of_legislation:F2024L01619:clause:1_7:p1
Version: federal_register_of_legislation:F2024L01619
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 2672–5471

7  Different way of making a nomination application for subclass 186 visa
 (1) For the purposes of paragraph 5.19(2AA)(a) of the Regulations, this section specifies:
 (a) a different way of making a nomination application in relation to an application, or proposed application, for a subclass 186 visa; and
 (b) the circumstances in which such an application may be made in that way.
 (2) For a nomination application in relation to an application, or proposed application, for a subclass 186 visa, if the circumstances specified in subsection (3) or (4) apply, and if:
 (a) an officer has sent an authorisation for a person to make an application in accordance with this subsection; and
 (b) the authorisation in paragraph (a) is sent by an email from e186.Manual.Lodgement@homeaffairs.gov.au;
        then:
 (c) it is specified that the person may instead make an application by:
 (i) using the form specified in subsection 6(2), as provided with the authorising email; and
 (ii) emailing the completed application form to e186.Manual.Lodgement@homeaffairs.gov.au by the end of the day on which the authorisation was given (AEST or AEDST as applicable to the date on which the authorisation was given); and
 (iii) including in the email a copy of the authorising email sent by the Department that includes the name and position number of the officer who sent the authorising email.
 (3) This subsection specifies the following circumstances:
          (a) the Department has identified a problem with its Internet application systems; and
          (b) as a result of the problem referred to in paragraph (a), the applicant is unable to make an Internet application; and
          (c) electronic lodgement of the application is not prevented by the Act or the Regulations; and
          (d) it is more likely than not that the problem will not be rectified by the end of the business day on which the problem is identified by the Department, or if the problem is identified on a day that is not a business day—by the end of the next business day following the day on which the problem is identified; and
          (e) any of the following applies:
 (i)  a person who applies, or proposes to apply, for a visa in relation to the nomination application (an affected visa applicant) will become an unlawful non-citizen on, or before, the next business day after the day identified in paragraph (d);
 (ii)  an affected visa applicant will no longer hold a visa mentioned in paragraph 5.19(5)(a) of the Regulations on or before the next business day after the day identified in paragraph (d);
 (iii)  an affected visa applicant will turn 45 on or before the next business day after the day identified in paragraph (d).
 (4) This subsection specifies the following circumstances:
          (a) a problem