Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 76E(2)
Omit "For the avoidance of doubt", substitute "To avoid doubt".
2 Paragraph 76E(4)(b)
Repeal the paragraph, substitute:
(b) either:
(i) the Minister is not satisfied, on the balance of probabilities, that the non - citizen poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence; or
(ii) if the Minister is satisfied, on the balance of probabilities, that the non - citizen poses the substantial risk mentioned in subparagraph (i)--the Minister is not satisfied, on the balance of probabilities, that the imposition of that condition, or those conditions, is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting any part of the Australian community from serious harm by addressing that substantial risk.
3 After subsection 76E(4)
Insert:
(4A) In determining whether to grant a visa in accordance with subsection (4), the Minister must decide whether to impose each condition prescribed for the purposes of subsection (1) in the same order as required by the regulations.
4 At the end of section 76E
Add:
(6) To avoid doubt, nothing in this section prevents the grant, from time to time, of a Subclass 070 (Bridging (Removal Pending)) visa to the non - citizen.
(7) In this section:
"serious offence" has the same meaning as in Part 070 of Schedule 2 to the Migration Regulations 1994 .
(1) Subject to subitem (2), paragraph 76E(4)(b) of the Migration Act 1958 , as repealed and substituted by this Schedule, applies in relation to a Subclass 070 (Bridging (Removal Pending)) visa:
(a) that is granted on or after the commencement of this item; or
(b) that was granted on or after the commencement of the Migration Amendment (Bridging Visa Conditions) Regulations 2024 , but before the commencement of this item; or
(c) that was granted before the commencement of the Migration Amendment (Bridging Visa Conditions) Regulations 2024 , if:
(i) as at that commencement, the period within which the holder of the visa was required to make representations to the Minister under paragraph 76E(3)(b) of the Migration Act 1958 had not yet ended; or
(ii) the holder of the visa had made such representations during that period but, as at that commencement, the Minister had not made a decision in relation to the visa in accordance with subsection 76E(4) of the Migration Act 1958 .
(2) If, because of the operation of paragraph (1)(b) or (c) of this item, paragraph 76E(4)(b) of the Migration Act 1958 , as repealed and substituted by this Schedule, applies in relation to a Subclass 070 (Bridging (Removal Pending)) visa:
(a) the holder of the visa may make representations to the Minister within 28 days of the commencement of this item as to why the visa should not be subject to one or more conditions prescribed for the purposes of paragraph 76E(1)(a) of the Migration Act 1958 ; and
(b) for the purposes of paragraph 76E(4)(a) of the Migration Act 1958 , the holder of the visa is taken to have made those representations in accordance with an invitation under paragraph 76E(3)(b) of that Act.