Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - NOTES

Statutory Rules 1994 No. 261 as amended
This compilation was prepared on 6 November 2000
taking into account amendments up to SR 2000 No. 214
Prepared by the Office of Legislative Drafting
Attorney-General's Department, Canberra

Notes to the Migration Reform (Transitional Provisions) Regulations

Note 1

The Migration Reform (Transitional Provisions) Regulations (in force under the Migration Act 1958 and the Migration Reform Act 1992) as shown in this compilation comprise Statutory Rules 1994 No. 261 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Statutory Rules

(a) Schedule 2 of Statutory Rules 2000 No. 259 was disallowed by the Senate on 1 November 2000.
Table of Amendments

Table A Application, saving or transitional provisions

Statutory Rules 2000 No. 259
6 Transitional

(1) The amendments of the Migration Regulations 1994 made by items [4103], [4104], [4105], [4106], [4107], [4201], [4204], [4206], [4306], [4307], [4308] and [4309] of Schedule 4 do not apply in relation to an application that is made before 1 November 2000 for any of the following visas:

(a) Burmese in Burma (Special Assistance) (Class AB) visa;
(b) Burmese in Thailand (Special Assistance) (Class AC) visa;
(c) Citizens of the Former Yugoslavia (Special Assistance) (Class AI) visa;
(d) Sudanese (Special Assistance) (Class BD) visa;
(e) Sri Lankan (Special Assistance) (Class BG) visa;
(f) Ahmadi (Special Assistance) (Class BJ) visa.
(2) If:
(a) an application for a visa of a kind mentioned in subregulation (1) was made before 1 November 2000; and
(b) after the application is made, but before it is decided, the applicant makes a request to the Minister, in accordance with paragraphs 2.08A (1) (b) and (c), to have the applicant's spouse, or a dependent child, added to the applicant's application (whether or not the request is made before 1 November 2000);

the Migration Regulations 1994, as in force immediately before 1 November 2000, apply in relation to the application taken to have been made by the spouse or dependent child.

(3) The amendment of the Migration Regulations 1994 made by item [4108] of Schedule 4 applies in relation to:
(a) an application for a visa that was made on or after 1 November 2000; or
(b) an application for a visa that was made, but not finally determined, before 1 November 2000 and in relation to which the issue of whether a person has suffered domestic violence has not been raised.
(4) The amendments made by items [4113] and [4114] of Schedule 4 apply only in relation to a visa that is granted on or after 1 July 2000.
(5) The amendments made by items [4116], [4117], [4118], [4119], [4301], [4303], [4304] and [4305] of Schedule 4 apply to an application for a visa made on or after 1 November 2000.
(6) The amendments made by items [4310], [4311], [4312], [4317] and [4318] of Schedule 4 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2000; or
(b) made on or after 1 November 2000.
(7) The amendments made by items [4327] and [4334] of Schedule 4 apply to an application for a Protection (Class XA) visa made on or after 1 November 2000.
(8) The amendments made by items [4332] and [4333] of Schedule 4 apply in relation to an application for a visa:
(a) made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958), before 1 November 2000; or
(b) made on or after 1 November 2000.
(9) If a request for a refund of the amount paid by way of an instalment of visa application charge was made before 1 November 2000, but the refund was not paid before that date, regulations 2.12F, 2.12H, 2.12I and 2.12J of the Migration Regulations 1994, as in force immediately before 1 November 2000, continue to apply in relation to the request.