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LIN 22/042
Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022
I, Paul Denman, delegate of the Minister, make this instrument under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
Dated 4 March 2022

Paul Denman
Acting Senior Executive Band 1
Immigration Programs Division
Department of Home Affairs

1 Name
       This instrument is the Migration (Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 22/042) 2022.

2 Commencement
       This instrument commences on 5 March 2022.
Note This instrument may apply retrospectively—see Legislation Act 2003, subsection 12(2).

3 Definitions
In this instrument:
excluded applicant means an applicant who has applied for:
(a) a subclass 417 visa; or
(b) a subclass 462 visa
with nil VAC and:
(c) the applicant has been granted the visa; or
(d) the applicant has been refused the visa; or
(e) the application is not finalised.
subclass 417 visa means Working Holiday (Subclass 417) visa.
subclass 462 visa means Work and Holiday (Subclass 462) visa.
VAC means visa application charge.
Note 1 For the meaning of offshore COVID-19 affected visa and onshore COVID-19 affected visa—see the Regulations, regulation 1.15P.
Note 2 For the meaning of visa application charge—see Migration Act 1958, section 5.

4 Class of persons for nil VAC—subclass 417 visa
       (1)For subparagraph 1225(2)(a)(i) of Schedule 1 to the Regulations, an applicant mentioned in subsection (2) or (3) is specified.
       (2)An applicant who:
(a) applies for a subclass 417 visa outside Australia; and
(b) last held an offshore COVID-19 affected visa; and
(c) is not an excluded applicant.
       (3)An applicant who:
(a) applies for a subclass 417 visa in Australia; and
(b) held an onshore COVID-19 affected visa; and
(c) is not an excluded applicant.

5 Class of persons for nil VAC—subclass 462 visa
       (1)For subparagraph 1224A(2)(a)(i) of Schedule 1 to the Regulations, an applicant mentioned in subsection (2) or (3) is specified.
       (2)An applicant who:
(a) applies for a subclass 462 visa outside Australia; and
(b) last held an offshore COVID-19 affected visa; and
(c) is not an excluded applicant.
       (3)An applicant who:
(a) applies for a subclass 462 visa in Australia; and
(b) held an onshore COVID-19 affected visa; and
(c) is not an excluded applicant.

6 Repeal
       Migration (Class of persons: Nil VAC for Work and Holiday and Working Holiday visas) Instrument (LIN 21/043) 2021 is repealed.