Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p8
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 18140–20933

granted in a particular financial year to exceed whatever number is fixed by the Minister, by notice published in the Gazette, as the maximum number of such visas that may be granted in that year (however the criterion is expressed).

"(2) For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant in a financial year of any more visas in a particular class, any outstanding applications for the grant in that year of visas in that class are taken not to have been made.

Circumstances for granting visas

"26F.(1) The regulations may provide that visas or visas in a specified class may only be granted in specified circumstances.

"(2) Without limiting subsection (1), the circumstances may be that, when the person is granted the visa, the person:

   (a)     is outside Australia; or

     (b)     is in immigration clearance or has been refused immigration clearance; or

     (c)     is in the migration zone and, on last entering Australia, was immigration cleared or bypassed immigration clearance.

Conditions on visas

"26G.(1) The regulations may provide that visas, or visas in a specified class, are subject to specified conditions.

"(2) Without limiting subsection (1), the regulations may provide that a visa, or visas in a specified class, are subject to:

    (a)     a condition that, despite anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted a visa while he or she remains in Australia; or

    (b)     a condition imposing restrictions about the work that may be done in Australia by the holder, which, without limiting the generality of this paragraph, may be restrictions on doing:

       (i) any work; or

      (ii) work other than specified work; or

      (iii) work of a specified kind.

Visas essential for travel

"26H.(1) Subject to subsections (2) and (3), a non-citizen must not travel to Australia without a visa.

"(2) Subsection (1) does not apply to an allowed inhabitant of the Protected Zone travelling to a protected area in connection with traditional activities.

     "(3) The regulations may permit a specified non-citizen or a non-citizen in a specified class to travel to Australia without a visa.

Visa holders must usually enter at a port

"26J. Subject to the regulations, a visa to enter Australia is permission for the holder to enter Australia:

   (a)     at a port; or

   (b)     on a pre-cleared flight; or

     (c)     if the holder travels to Australia on a vessel and the health or safety of a person or a prescribed reason, make it necessary to enter in another way, that way; or

   (d)     in a way authorised in writing by an authorised officer.

"Subdivision AA—Applications for visas

Extent of following Subdivisions

"26K. This