Document ID: chunk:federal_register_of_legislation:C2024C00800:section:76a
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 76A
Character Range: 239989–242328

76A  Cessation of certain bridging visas, and grant of new visas, for certain non‑citizens
 (1) This section applies if:
 (a) a non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and
 (b) the first visa was granted to the non‑citizen without an application for the first visa being made by the non‑citizen; and
 (c) the first visa was granted during the period that:
 (i) starts at the start of 8 November 2023; and
 (ii) ends immediately before the commencement of this section; and
 (d) at the time the first visa was granted, there was no real prospect of the removal of the non‑citizen from Australia becoming practicable in the reasonably foreseeable future.
 (2) Despite any other provision of this Act or the regulations, the first visa ceases to be in effect immediately after the commencement of this section.
Note: The visa period for the first visa ends when it ceases to be in effect under this subsection.
 (3) Despite any other provision of this Act or the regulations:
 (a) the non‑citizen is taken, immediately after the first visa ceases to be in effect under subsection (2), to have been granted another Subclass 070 (Bridging (Removal Pending)) visa (the second visa); and
 (b) the second visa is taken to come into effect as soon as it is taken to be granted under paragraph (a) of this subsection.
Note: The visa period for the second visa begins when it is taken to be granted.
 (4) This Act and the regulations apply, after the commencement of this section, in relation to the second visa in the same way as they would apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa granted under the regulations.
 (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the second visa is taken to be granted under paragraph (3)(a), apply in relation to the second visa:
 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;
 (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the visa holder to remain in Australia;
 (c) a provision specifying the mandatory conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (3)(a) is subject.