Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:2_45aa:p1
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 2 cl 45AA (pt 1/3)
Character Range: 65273–67966

45AA  Application for one visa taken to be an application for a different visa

Situation in which conversion regulation can be made
 (1) This section applies if:
 (a) a person has made a valid application (a pre‑conversion application) for a visa (a pre‑conversion visa) of a particular class; and
 (b) the pre‑conversion visa has not been granted to the person, whether or not a migration decision has been made in relation to the pre‑conversion application; and
 (c) since the application was made, one or more of the following events has occurred:
 (i) the requirements for making a valid application for that class of visa change;
 (ii) the criteria for the grant of that class of visa change;
 (iii) that class of visa ceases to exist; and
 (d) had the application been made after the event (or events) occurred, because of that event (or those events):
 (i) the application would not have been valid; or
 (ii) that class of visa could not have been granted to the person.
 (2) To avoid doubt, under subsection (1) this section may apply in relation to:
 (a) classes of visas, including protection visas and any other classes of visas provided for by this Act or the regulations; and
 (b) classes of applicants, including applicants having a particular status; and
 (c) applicants for a visa who are taken to have applied for the visa by the operation of this Act or the regulations.
Example: If a non‑citizen applies for a visa, and then, before the application is decided, gives birth to a child, in some circumstances the child is taken, by the operation of the regulations, to have applied for a visa of the same class at the time the child is born (see regulation 2.08).

Conversion regulation
 (3) For the purposes of this Act, a regulation (a conversion regulation) may provide that, despite anything else in this Act, the pre‑conversion application for the pre‑conversion visa:
 (a) is taken not to be, and never to have been, a valid application for the pre‑conversion visa; and
 (b) is taken to be, and always to have been, a valid application (a converted application) for a visa of a different class (specified by the conversion regulation) made by the applicant for the pre‑conversion visa.
Note: This section may apply in relation to a pre‑conversion application made before the commencement of the section (see the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014).
 For example, a conversion regulation (made after the commencement of this section) could have the effect that a pre‑conversion application for a particular type of visa made on 1 August 2014 (before that commencement):
(a)  is taken not to have been made