Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:6_14
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 6 cl 14
Character Range: 183868–185359

14  Retrospective application of section 46B (visa applications by transitory persons)

Scope
(1) This item applies if the operation of item 11 (retrospective application of Part 1 amendments) results in a person being taken to have been a transitory person at a particular time.

Subsection 46B(1) taken to apply despite the holding of certain visas
(2) Subsection 46B(1) of the Migration Act 1958 is taken to have applied in relation to the person at that time despite the fact that the person was a lawful non‑citizen at the time, if the person was a lawful non‑citizen only because he or she held one or more of the following visas:
 (a) a bridging visa;
 (b) a temporary safe haven visa;
 (c) a temporary (humanitarian concern) visa;
 (d) a temporary protection visa granted before 2 December 2013.
Note: Subsection 46B(1) of the Migration Act 1958 prevents visa applications by transitory persons in Australia who are unlawful non‑citizens, unless the Minister makes a determination under subsection 46B(2).

Determinations under section 46B made for parent
(3) Subsection 46B(1) of the Migration Act 1958 does not apply in relation to an application for a visa by the person (the child) if:
 (a) the application is made at any time, whether before, on or after the commencement day; and
 (b) the Minister has made a determination under subsection 46B(2) of that Act in relation to an application by a parent of the child, made before the commencement day, for the same kind of visa.