Document ID: chunk:federal_register_of_legislation:C2024C00800:section:46c:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 46C (pt 1/3)
Character Range: 193961–196870

46C  Visa pre‑application process
 (1) The Minister may arrange for a visa pre‑application process to be conducted in relation to one or more visas if regulations are in force prescribing criteria mentioned in subsection 46(4A) for those visas.
Note: Criteria mentioned in subsection 46(4A) cannot be prescribed for visas mentioned in subsection 46(4B).

Characteristics of a visa pre‑application process
 (2) A visa pre‑application process must involve:
 (a) the registration of persons as registered participants in the process, so long as those persons meet the eligibility requirements set out in a subsection (14) determination that relates to the process; and
 (b) registered participants being selected at random.
Note 1: This means that:
(a) there will be a pool of registered participants in a visa pre‑application process; and
(b) registered participants will be selected at random from that pool.
Note 2: See also subsection (21), which deals with eligibility requirements.
 (3) A visa pre‑application process must involve:
 (a) a finite period (the finite registration open period) during which the process is to be open for registration; or
 (b) an indefinite period (the indefinite registration open period) during which the process is to be open for registration.
 (4) If a visa pre‑application process involves a finite registration open period, this Act does not prevent the finite registration open period from being extended for a further period or further periods.
 (5) A visa pre‑application process must involve:
 (a) a finite period (the finite selection open period) during which the selection of registered participants may take place; or
 (b) an indefinite period (the indefinite selection open period) during which the selection of registered participants may take place.
 (6) If a visa pre‑application process involves a finite selection open period:
 (a) this Act does not prevent the finite selection open period from being extended for a further period or further periods; and
 (b) the selection of registered participants may take place on one or more occasions during the finite selection open period.
 (7) If a visa pre‑application process involves an indefinite selection open period, the selection of registered participants may take place on one or more occasions during the indefinite selection open period.
 (8) If:
 (a) a person is a registered participant in a visa pre‑application process; and
 (b) the person is selected in accordance with the process;
the person ceases to be a registered participant in the process.
 (9) If:
 (a) a visa pre‑application process relates to one or more visas; and
 (b) the visa pre‑application process involves a finite registration open period; and
 (c) the finite registration open period ends;
this Act does not prevent a fresh visa pre‑application process from being conducted in relation to any or all of those visas.
 (10) This