Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:13_8502
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 13 cl 8502
Character Range: 2587182–2589288

8502  Operation of Schedule 3
 (1) Subject to subclauses (2) and (3), the amendments of these Regulations made by Schedule 3 to the amending regulations apply in relation to the following:
 (a) a visa application made on or after the commencement day;
 (b) a visa granted on or after the commencement day if the application for the visa was made on or after the commencement day.
 (2) If:
 (a) an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and
 (b) the applicant is seeking to satisfy the primary criteria for the grant of the visa; and
 (c) either:
 (i) the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or
 (ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;
then, despite the amendment of paragraph 405.228(5)(a) of Schedule 2 to these Regulations made by item 5 of Schedule 3 to the amending regulations, that paragraph, as in force immediately before the commencement day, continues to apply in relation to the application.
 (3) If:
 (a) an application for a Subclass 405 (Investor Retirement) visa is made before, on or after the commencement day; and
 (b) the applicant is seeking to satisfy the secondary criteria for the grant of the visa; and
 (c) either:
 (i) the applicant is the holder of a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day; or
 (ii) the last substantive visa held by the applicant since last entering Australia was a Subclass 405 (Investor Retirement) visa that was applied for before the commencement day;
then, despite the amendment of subclause 405.330(2) of Schedule 2 to these Regulations made by item 6 of Schedule 3 to the amending regulations, that subclause, as in force immediately before the commencement day, continues to apply in relation to the application.

Part 86—Amendments made by the Migration Amendment (Visa Application Charges) Regulations 2019