Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p11
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 26354–29104

the visa.".

Invitation to give further information or comments

24. Section 26Z of the Principal Act is amended by omitting from subsection (1) "an applicant for a visa" and substituting "a person".

When decision about visa may be made

  25. Section 26ZE of the Principal Act is amended:

  (a) by omitting subsection (1) and substituting the following subsection:

     "(1) Subject to sections 26E (criterion limiting number of visas), 26Y (give applicant information), 28 (no further processing), 28B (effect of limit on visas) and 31 (put aside under points system) and subsections (2) and (3) of this section, the Minister may grant or refuse to grant a visa at any time after the application has been made.";

     (b) by omitting from subsections (2) and (3) "an application" and substituting "to grant a visa".

Insertion of new section

26. After section 26ZE of the Principal Act the following section is inserted in Subdivision AB of Division 2 of Part 2:

Notice of assessment

"26ZEA.(1) This section applies to a valid application for a visa if the Minister, after considering the application, has made an assessment that:

  (a) the health criteria for it (if any) have been satisfied; and

    (b) the other criteria for it, prescribed by this Act or the regulations, have been satisfied.

"(2) If this section applies and regulations made under paragraph 181(1)(h) require an assurance of support to be given in relation to the applicant, the Minister must give the applicant written notice stating that a visa cannot be granted unless the charge payable under the Migration (Health Services) Charge Act 1991 has been paid.

  "(3) If this section applies and:

     (a) paragraphs 5(a) and (c) of the Immigration (Education) Charge Act 1992 apply to the applicant; and

  (b) the applicant is at least 18; and

  (c) the applicant does not have functional English;

the Minister must give the applicant written notice stating that a visa cannot be granted unless the English Education Charge payable under that Act has been paid.

"(4) If this section applies and any visa tax under the Migration (Delayed Visa Applications) Tax Act 1992 is payable on the application, the Minister must give the applicant written notice stating that a visa cannot be granted unless the tax payable under that Act has been paid.

"(5) If the Minister is required to give an applicant more than one notice under this section in relation to an application, the notices may be included in the same document.".

Omission of heading and substitution of new heading

27. The heading to Subdivision AC of Division 2 of Part 2 of the Principal Act is omitted and the following heading is substituted:

"Subdivision AC—Grant of visas".

Decision to grant