Document ID: chunk:federal_register_of_legislation:F2016L01117:reg:9
Version: federal_register_of_legislation:F2016L01117
Segment Type: reg
Provision Reference: reg 9
Character Range: 9424–11173

9  Effect of Subclass 159 visa taken to have been granted

Coming into effect
 (1) A Subclass 159 visa that is taken under this Division to have been granted to a non‑citizen is taken to come into effect:
 (a) immediately after the final transition time; or
 (b) if, at the final transition time, the non‑citizen held under the Migration Act 1958 another temporary visa, other than a Subclass 600 visa, Subclass 601 visa and Subclass 651 visa, that was in effect then but later ceases to be in effect—when that cessation occurs.
Note: If, at the final transition time, the non‑citizen held a Subclass 600 visa, Subclass 601 visa or Subclass 651 visa, the Subclass 159 visa taken under this Division to have been granted to the non‑citizen is taken to come into effect immediately after the final transition time. As a result, the Subclass 600 visa, Subclass 601 visa or Subclass 651 visa ceases to be in effect immediately after the final transition time because of subsection 82(2) of the Migration Act 1958.

Effect continues until 30 June 2017
 (2) A Subclass 159 visa that is taken under this Division to have been granted to a non‑citizen and that is taken to come into effect before 1 July 2017 continues in effect until the end of 30 June 2017.

No effect after 30 June 2017
 (3) A Subclass 159 visa that is taken under this Division to have been granted to a non‑citizen cannot be in effect after 30 June 2017 (whether or not it is taken to have come into effect before or on that day).

Visa may be cancelled or otherwise cease to have effect
 (4) To avoid doubt, this Division does not prevent a visa taken to have been granted under this Division from being cancelled, or otherwise ceasing to be in effect, under the Migration Act 1958.