Document ID: chunk:federal_register_of_legislation:C2004A04690:body:0:p2
Version: federal_register_of_legislation:C2004A04690
Segment Type: other
Provision Reference: 
Character Range: 2593–5289

and substituting "qualifying".

Initial application of "points" system

8. Section 31 of the Principal Act is amended by omitting subsections (1), (2), (3), (4) and (5) and substituting the following subsections:

"(1) An applicant whose assessed score is more than or equal to the applicable pass mark at the time when the score is assessed is taken to have received the qualifying score.

"(2) An applicant whose assessed score is less than the applicable pool mark at the time when the score is assessed is taken not to have received the qualifying score.

"(3) If an applicant's assessed score is more than or equal to the applicable pool mark, but less than the applicable pass mark, at the time when the score is assessed:

     (a) the Minister must, unless the application is withdrawn, put the application aside and deal with it in accordance with section 31A; and

     (b) if the Minister puts the application aside—the Minister is taken to have put the application into a pool.".

Insertion of new section

  9. After section 31 of the Principal Act the following section is inserted:

Applications in pool

When section applies

"31A.(1) This section applies if the Minister puts an application into a pool.

How applications to be dealt with

"(2) If, within 12 months after the assessment of the applicant's assessed score, the Minister gives a notice under section 32 varying the applicable pass mark or the applicable pool mark:

     (a) the Minister must, without re-assessing that score, compare that score with the applicable pass mark and the applicable pool mark; and

     (b) if that score is more than or equal to the applicable pass mark—the applicant is taken to have received the qualifying score; and

     (c) if that score is less than the applicable pool mark—the applicant is taken not to have received the qualifying score; and

     (d) if that score is more than or equal to the applicable pool mark but less than the applicable pass mark—the application remains in the pool until it is removed from the pool (see subsection (3)).

Removal of applications from pool

"(3) An application in the pool is taken to have been removed from the pool at whichever is the earliest of the following times:

     (a) the end of 12 months after the assessment of the applicant's assessed score;

     (b) the earliest time (if any) when the applicant is taken to have received the qualifying score as the result of the operation of subsection (2);

     (c) the earliest time (if any) when the applicant is taken not to have received the qualifying score as the result of the operation of subsection (2).

Removal from pool after 12 months treated as failure to receive