Document ID: chunk:federal_register_of_legislation:C2023A00086:clause:1_46c:p3
Version: federal_register_of_legislation:C2023A00086
Segment Type: clause
Provision Reference: sch 1 cl 46C (pt 3/3)
Character Range: 8699–10921

lapses;
 (xii) the selection of registered participants in a visa pre‑application process.
 (16) Subsection (15) does not limit subsection (14).
 (17) A determination under subsection (14) may provide for different rules for different visa pre‑application processes.
 (18) A determination under subsection (14) may provide for different rules for different classes of persons.
 (19) Subsections (17) and (18) of this section do not limit subsection 33(3A) of the Acts Interpretation Act 1901.
 (20) Despite regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a determination under subsection (14) of this section.

Eligibility requirements
 (21) The following provisions have effect:
 (a) subsections 46(3) and (4) do not, by implication, limit what may be an eligibility requirement for the registration of a person as a registered participant in a visa pre‑application process;
 (b) the eligibility requirements for the registration of a person as a registered participant in a visa pre‑application process may be different from the criteria and requirements prescribed for the purposes of subsection 46(3) or (4);
 (c) an eligibility requirement for the registration of a person as a registered participant in a visa pre‑application process must be objective.

Visa pre‑application process charge
 (22) If visa pre‑application process charge is payable in respect of the registration of a person as a registered participant in a visa pre‑application process, the charge is to be paid at the time of registration. If the charge is not paid at that time, the person is taken never to have been registered as a registered participant in the visa pre‑application process.
 (23) The regulations may:
 (a) make provision for the remission, refund or waiver of visa pre‑application process charge in specified circumstances; or
 (b) make provision for exemptions from visa pre‑application process charge.

Extra‑territorial application
 (24) This section extends to acts, omissions, matters and things outside Australia.

[Minister's second reading speech made in—
House of Representatives on 16 February 2023
Senate on 9 March 2023]

(8/23)