Document ID: chunk:federal_register_of_legislation:C2014A00106:clause:1_1
Version: federal_register_of_legislation:C2014A00106
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 3849–5515

1  Subsection 48(1)
Repeal the subsection, substitute:
 (1) A non‑citizen in the migration zone who:
 (a) does not hold a substantive visa; and
 (b) after last entering Australia:
 (i) was refused a visa, other than a refusal of a bridging visa or a refusal under section 501, 501A or 501B, for which the non‑citizen had applied (whether or not the application has been finally determined); or
 (ii) held a visa that was cancelled under section 109 (incorrect information), 116 (general power to cancel), 134 (business visas), 137J (student visas) or 137Q (regional sponsored employment visas);
may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section or have an application for such a visa made on his or her behalf, but not for a visa of any other class.
 (1A) A non‑citizen in the migration zone who:
 (a) does not hold a substantive visa; and
 (b) after last entering Australia, was refused a visa (other than a refusal of a bridging visa or a refusal under section 501, 501A or 501B) for which an application had been made on the non‑citizen's behalf, whether or not:
 (i) the application has been finally determined; or
 (ii) the non‑citizen knew about, or understood the nature of, the application due to any mental impairment; or
 (iii) the non‑citizen knew about, or understood the nature of, the application due to the fact that the non‑citizen was, at the time the application was made, a minor;
may, subject to the regulations, apply for a visa of a class prescribed for the purposes of this section or have an application for such a visa made on his or her behalf, but not for a visa of any other class.