Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:5:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 5 (pt 2/9)
Character Range: 246449–249240

Subclass 447 (Secondary Movement Offshore Entry (Temporary)) visa, a Subclass 451 (Secondary Movement Relocation (Temporary)) visa, a Subclass 695 (Return Pending) visa or a Subclass 785 (Temporary Protection) visa granted before 9 August 2008 that is, or was, subject to a condition mentioned in paragraph 41(2)(a) of the Act relating to the making of applications for other visas.

2.07AR  Applications for Superyacht Crew (Temporary) (Class UW) visas
  Despite anything in regulation 2.07, an application for a Superyacht Crew (Temporary) (Class UW) visa may be made on behalf of an applicant.

2.07AS  Applications for Special Category (Temporary) (Class TY) visas
  Despite anything in regulation 2.07, for the purposes of sections 45 and 46 of the Act, an application for a Special Category (Temporary) (Class TY) visa is taken to have been validly made by an applicant, in person, while in immigration clearance, if the applicant:
 (a) presents to a clearance officer a New Zealand passport held by the applicant that is in force; and
 (b) is not the holder of a permanent visa; and
 (c) has submitted an Australia Travel Declaration; and
 (d) has provided answers to the health and character questions required by the departmental system that processes such declarations; and
 (e) complies with the requirements under regulation 3.03AB in relation to the provision of the Australia Travel Declaration.

2.08  Application by newborn child
 (1) If:
 (a) a non‑citizen applies for a visa; and
 (b) after the application is made, but before it is decided, a child, other than a contributory parent newborn child, is born to the non‑citizen;
then:
 (c) the child is taken to have applied for a visa of the same class at the time he or she was born; and
 (d) the child's application is taken to be combined with the non‑citizen's application.
 (2) Despite any provision in Schedule 2, a child referred to in subregulation (1):
 (a) must satisfy the criteria to be satisfied at the time of decision; and
 (b) at the time of decision must satisfy a criterion (if any) applicable at the time of application that an applicant must be sponsored, nominated or proposed.
Note: Regulations 2.07AL and 2.08AA apply in relation to an application by a contributory parent newborn child.

2.08AA  Application by contributory parent newborn child
 (1) Despite any provision in Schedule 2, a contributory parent newborn child who applies for a Contributory Parent (Temporary) (Class UT) visa or a Contributory Aged Parent (Temporary) (Class UU) visa:
 (a) does not have to satisfy the secondary criteria in Schedule 2 that would, but for this subregulation, need to be satisfied at the time of application; and
 (b) must satisfy the applicable secondary criteria to be satisfied at the time of decision.