Document ID: chunk:federal_register_of_legislation:C2004A00761:clause:3_5
Version: federal_register_of_legislation:C2004A00761
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 49378–49869

5  After subsection 46(1)
Insert:

 (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.