Document ID: chunk:federal_register_of_legislation:C2024C00800:section:46:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 46 (pt 1/2)
Character Range: 180537–183296

46  Valid visa application

Validity—general
 (1) Subject to subsections (1A), (2) and (2A), an application for a visa is valid if, and only if:
 (a) it is for a visa of a class specified in the application; and
 (b) it satisfies the criteria and requirements prescribed under this section; and
 (ba) subject to the regulations providing otherwise, any visa application charge that the regulations require to be paid at the time when the application is made, has been paid; and
 (c) any fees payable in respect of it under the regulations have been paid; and
 (d) it is not prevented by any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:
 (i) section 48 (visa refused or cancelled earlier);
 (ii) section 48A (protection visa refused or cancelled earlier);
 (iii) section 161 (criminal justice visa holders);
 (iv) section 164D (enforcement visa holders);
 (v) section 195 (detainee applying out of time);
 (vi) section 501E (earlier refusal or cancellation on character grounds); and
 (e) it is not invalid under any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:
 (i) section 46AA (visa applications, and the grant of visas, for some Act‑based visas);
 (ii) section 46A (visa applications by unauthorised maritime arrivals);
 (iii) section 46B (visa applications by transitory persons);
 (iv) section 91E or 91G (CPA and safe third countries);
 (v) section 91K (temporary safe haven visas);
 (vi) section 199G (visa applications by certain nationals of a removal concern country).
 (1A) Subject to subsection (2), an application for a visa is invalid if:
 (a) the applicant is in the migration zone; and
 (b) since last entering Australia, the applicant has held a visa subject to a condition described in paragraph 41(2)(a); and
 (c) the Minister has not waived that condition under subsection 41(2A); and
 (d) the application is for a visa of a kind that, under that condition, the applicant is not or was not entitled to be granted.
 (2) Subject to subsection (2A), an application for a visa is valid if:
 (a) it is an application for a visa of a class prescribed for the purposes of this subsection; and
 (b) under the regulations, the application is taken to have been validly made.

Provision of personal identifiers
 (2A) An application for a visa is invalid if:
 (aa) the Minister has not waived the operation of this subsection in relation to the application for the visa; and
 (ab) the applicant has been required to provide one or more personal identifiers under section 257A for the purposes of this subsection; and
 (b) the applicant has not complied with the requirement.