Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For subsection 46 (2) of the Act, a Witness Protection (Trafficking) (Permanent) (Class DH) visa is a prescribed class of visa.
Note Section 46 of the Act sets out the circumstances in which an application for a visa is valid. Under subsection 46 (2) of the Act, an application for a visa is valid if:
* it is an application for a class of visa that is prescribed for that subsection; and
* under the regulations, the application is taken to have been validly made.
(2) An application for a visa of a class mentioned in subregulation (1) is taken to have been validly made by a person only if the requirements of subregulation (3) or (4) are met.
(3) The requirements of this subregulation are met for a person if:
(a) the person is in Australia; and
(c) the Attorney‑General (or a person authorised by the Attorney-General) has issued a certificate in relation to the person to the effect that:
(i) the person made a contribution to, and cooperated closely with, the prosecution of a person who was alleged to have trafficked a person or who was alleged to have forced a person into exploitative conditions (whether or not the person was convicted); or
(ii) the person made a contribution to, and cooperated closely with, an investigation in relation to which the Director of Public Prosecutions has decided not to prosecute a person who was alleged to have trafficked a person or who was alleged to have forced a person into exploitative conditions; and
(d) the Attorney‑General's certificate is in force; and
(e) the person is not the subject of a prosecution for an offence that is directly connected to the prosecution mentioned in the Attorney‑General's certificate; and
(f) the Minister is satisfied that the person would be in danger if he or she returned to his or her home country; and
(g) an offer of stay in Australia is made to the person by an authorised officer; and
(h) the person indicates in writing that he or she accepts the offer, not later than:
(i) 28 days after the person is taken to have received the offer; or
(ii) a later date determined by an authorised officer.
Note See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
(4) The requirements of this subregulation are met for a person (the first person ) if:
(a) a person (the second person ) is taken to have validly made an application for a visa of a class mentioned in subregulation (1) in accordance with subregulation (3); and
(b) the second person identifies the first person as being
a member of the immediate family of the second person
in the second person's
written acceptance under paragraph (3) (h).
(5) For subregulation (4), the first person may be in or outside Australia.