Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:1_76aa:p1
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 1 cl 76AA (pt 1/3)
Character Range: 2425–4966

76AA  Effect of community safety order on visa held by non‑citizen etc.
 (1) This section applies if:
 (a) a community safety order is made in relation to a non‑citizen; and
 (b) the order comes into force at a particular time (the relevant time).

Non‑citizen who holds a visa (other than a criminal justice visa) at the relevant time
 (2) If the non‑citizen holds a visa (other than a criminal justice visa) at the relevant time, then, despite any other provision of this Act or the regulations, the following apply:
 (a) that visa ceases to be in effect at the relevant time;
 (b) the non‑citizen is taken, immediately after the relevant time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);
 (c) the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (b).
Note: The visa period for the visa mentioned in paragraph (a) ends at the relevant time and the visa period for the BVR visa begins when it is taken to be granted.

Non‑citizen who holds a criminal justice visa at the relevant time
 (3) If:
 (a) the non‑citizen holds a criminal justice visa at the relevant time; and
 (b) the criminal justice visa ceases to be in effect at a particular time (the cessation time) during the period in which the community safety order is in force in relation to the non‑citizen;
then, despite any other provision of this Act or the regulations, the following apply:
 (c) the non‑citizen is taken, immediately after the cessation time, to have been granted a Subclass 070 (Bridging (Removal Pending)) visa (the BVR visa);
 (d) the BVR visa is taken to come into effect as soon as it is taken to be granted under paragraph (c).
Note: The visa period for the BVR visa begins when it is taken to be granted.

Matters relating to the BVR visa taken to be granted to the non‑citizen
 (4) Subject to subsections (6) and (7), this Act and the regulations apply, after the commencement of this section, in relation to the BVR visa that is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be) in the same way as they would apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa granted under the regulations.
 (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the BVR visa is taken to be granted under paragraph (2)(b) or (3)(c) (as the case may be), apply in relation to the BVR visa:
 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect;
 (b) a