Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 3   Act-based visas

Part 1   Amendment of the Migration Act 1958

Division 1   Amendments

Migration Act 1958

1   After subsection 31(3)

Insert:

(3A) To avoid doubt, subsection (3) does not require criteria to be prescribed for a visa or visas including, without limitation, visas of the following classes:

(a) special category visas (see section 32);

(b) permanent protection visas (see subsection 35A(2));

(c) temporary protection visas (see subsection 35A(3));

(d) bridging visas (see section 37);

(e) temporary safe haven visas (see section 37A);

(f) maritime crew visas (see section 38B).

Note 1: An application for any of these visas is invalid if criteria relating to both the application and the grant of the visa have not been prescribed (see subsection 46AA(2)).

Note 2: If criteria are prescribed by the regulations for any of these visas, the visa cannot be granted unless any criteria prescribed by this Act, as well as any prescribed by regulation, are satisfied (see subsection 46AA(4)).