Document ID: chunk:federal_register_of_legislation:C2004A04690:body:0:p3
Version: federal_register_of_legislation:C2004A04690
Segment Type: other
Provision Reference: 
Character Range: 5052–7885

subsection (2);

     (c) the earliest time (if any) when the applicant is taken not to have received the qualifying score as the result of the operation of subsection (2).

Removal from pool after 12 months treated as failure to receive qualifying score

"(4) If an application is removed from the pool because of paragraph (3)(a), the applicant is taken not to have received the qualifying score.".

Minister may set pool mark and pass mark

  10. Section 32 of the Principal Act is amended:

     (a) by omitting from subsection (1) "pool entrance mark and the priority mark" and substituting "pool mark";

     (b) by adding at the end of subsection (3) "and also operates as a variation of the mark specified in the previous notice";

  (c) by adding at the end the following subsections:

     "(5) This Act does not prevent a pool mark and a pass mark from being equal.

     "(6) This Act does not prevent a pool mark and a pass mark from being varied independently of each other.".

Regulations may provide for entry permits

11. Section 33 of the Principal Act is amended by omitting from subsection (3) "necessary" and substituting "qualifying".

Operation of "points" system

  12. Section 41 of the Principal Act is amended:

     (a) by omitting from subsections (1), (3) and (4) "necessary" and substituting "qualifying";

     (b) by omitting from subsections (3) and (4) "applicable priority mark" and substituting "applicable pass mark";

     (c) by omitting from subsections (3) and (4) "whose score" and substituting "whose assessed score".

Minister may set pass mark

13. Section 42 of the Principal Act is amended by omitting from subsection (1) "priority mark" and substituting "pass mark".

Application of amendments

14. The amendments made by this Act apply to an application for a visa or an entry permit if the application:

  (a) was made after the commencement of this section; or

  (b) was made before the commencement of this section and was not:

      (i) withdrawn; or

      (ii) granted; or

     (iii) refused;

     before the commencement of this section.

Transitional provisions—visas

Applications to which section applies

15.(1) This section applies in relation to a visa application covered by section 14.

Section 30 assessment

(2) An assessment made under section 30 of the Principal Act before the commencement of this section in relation to the application has effect, after that commencement, as if the assessment had been made under section 30 of the amended Act immediately after the commencement of this section.

Application set aside

(3) If the application was set aside under section 31 of the Principal Act before the commencement of this section, the amended Act has effect as if the application had been set aside under subsection 31(3) of the amended Act immediately