Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p13
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 31520–34330

it appears after section 26ZK immediately before the heading to Subdivision AE of Division 2 of Part 2.

Omission of heading

31. The heading to Subdivision AD of Division 2 of Part 2 of the Principal Act is omitted.

Repeal of section

  32. Section 26ZI of the Principal Act is repealed.

When visa is in effect

33. Section 26ZK of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

"(2) A visa may provide that it comes into effect at the beginning of a day, being a day after its grant:

  (a) specified in the visa; or

  (b) when an event, specified in the visa, happens.

  "(3) A visa can only be in effect during the visa period for the visa.

"(4) A bridging visa (the 'reactivated bridging visa'), held by a non-citizen, that has ceased to be in effect under subsection 26ZW(2A), will come into effect again during the visa period for the visa if:

  (a) the non-citizen does not hold a substantive visa that is in effect; and

  (b) either:

        (i) the non-citizen does not hold any other bridging visa; or

        (ii) the reactivated bridging visa is determined, in accordance with the regulations, to be the most beneficial of the bridging visas held by the applicant.".

Repeal of section and substitution of new section

34. Section 26ZN of the Principal Act is repealed and the following section is substituted:

Interpretation

  "26ZN. In this Subdivision:

'eligible non-citizen' means a non-citizen who:

  (a) has been immigration cleared; or

  (b) is in a prescribed class of persons.".

Repeal of section and substitution of new sections

35. Section 26ZP of the Principal Act is repealed and the following sections are substituted:

Further applications for bridging visa

  "26ZP.(1) Subject to subsection (2), if:

     (a) an eligible non-citizen who is in immigration detention makes an application for a bridging visa; and

  (b) the Minister refuses to grant the visa;

the eligible non-citizen may make a further application for a bridging visa.

"(2) Unless the further application for a bridging visa is made in prescribed circumstances, the further application may be made not earlier than 30 days after:

     (a) if the eligible non-citizen did not make an application for review of the decision to refuse to grant the visa—the refusal; or

     (b) if the eligible non-citizen made an application for such review—the application is finally determined.

When eligible non-citizen in immigration detention granted visa

  "26ZPA.(1) If:

     (a) an eligible non-citizen who is in immigration detention makes an application for a bridging visa of a prescribed class; and

     (b) the Minister does not make a decision, within the prescribed period, to grant or refuse to grant the bridging visa;

the non-citizen