Migration Amendment (Bridging Visa Conditions) Regulations 2021 (Cth)

Migration Amendment (Bridging Visa Conditions) Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 15 April 2021

David Hurley

Governor‑General

By His Excellency’s Command

Alex Hawke

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

Contents

1Name

This instrument is the Migration Amendment (Bridging Visa Conditions) Regulations 2021.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	16 April 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Migration Act 1958.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Migration Regulations 1994

1

Subclause 050.616A(1) of Schedule 2

After “8207,”, insert “8303,”.

2

Subclause 050.616A(1) of Schedule 2

Omit “and 8548”, substitute “, 8514, 8548, 8550, 8551, 8552, 8553, 8554, 8555, 8556, 8560, 8562, 8563 and 8578”.

3

Clause 070.611 of Schedule 2

Omit “8506,”.

4

Subclause 070.612(2) of Schedule 2

Before “8550”, insert “8505,”.

5

Subclause 070.612(2) of Schedule 2

Omit “and 8563”, substitute “, 8563, 8564 and 8578”.

6

At the end of Division 070.6 of Schedule 2

Add:

070.613

In addition to any other condition imposed by another provision of this Division, if the person to whom the visa would be granted has signed a code of behaviour that is in effect for the Subclass 050 (Bridging (General)) visa, condition 8566 may be imposed.

Note: The requirement to sign a code of behaviour may be imposed in accordance with section 195A of the Act.

070.614

In addition to any other condition imposed by another provision of this Division, condition 8506 may be imposed.

7

Clause 8566 of Schedule 8

Repeal the clause, substitute:

8566 If the person to whom the visa is granted has signed a code of behaviour that:

1. (a)

   has been approved by the Minister in accordance with clause 4.1 of Schedule 4; and

2. (b)

   when the visa is granted, is in effect in relation to that visa or another visa;

the holder must not breach the code.

Note: The requirement to sign a code of behaviour may be imposed by public interest criterion 4022 or in accordance with section 195A of the Act.

8

In the appropriate position in Schedule 13

Insert:

Part 96—Amendments made by the Migration Amendment (Bridging Visa Conditions) Regulations 2021

9601Operation of Schedule 1

The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Bridging Visa Conditions) Regulations 2021 apply in relation to a bridging visa granted on or after the commencement of that Schedule.