Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (1A), (2) and (2A), an application for a visa is valid if, and only if:
(a) it is for a visa of a class specified in the application; and
(b) it satisfies the criteria and requirements prescribed under this section; and
(ba) subject to the regulations providing otherwise, any visa application charge that the regulations require to be paid at the time when the application is made, has been paid; and
(c) any fees payable in respect of it under the regulations have been paid; and
(d) it is not prevented by section 48 (visa refused or cancelled earlier), 48A (protection visa), 91E (CPA and safe third countries), 91K (temporary safe haven visa), 91P (non-citizens with access to protection from third countries), 161 (criminal justice), 164D (enforcement visa), 195 (detainees) or 501E (visa refused or cancelled on character grounds).
(1A) Subject to subsection (2), an application for a visa is invalid if:
(a) the applicant is in the migration zone; and
(b) since last entering Australia, the applicant has held a visa subject to a condition described in paragraph 41(2)(a); and
(c) the Minister has not waived that condition under subsection 41(2A); and
(d) the application is for a visa of a kind that, under that condition, the applicant is not or was not entitled to be granted.
(2) Subject to subsection (2A), an application for a visa is valid if:
(a) it is an application for a visa of a class prescribed for the purposes of this subsection; and
(b) under the regulations, the application is taken to have been validly made.
(2A) An application for a visa is invalid if:
(a) prescribed circumstances exist; and
(aa) the Minister has not waived the operation of this subsection in relation to the application for the visa; and
(ab) the applicant has been required by an officer to provide one or more personal identifiers in relation to the application; and
(b) the applicant has not complied with the requirement.
Note: An invalid application for a visa cannot give rise to an obligation under section 65 to grant a visa: see subsection 47(3).
(2AA) An officer must not require, for the purposes of paragraph (2A)(ab), a person to provide a personal identifier other than:
(a) if the person is an applicant for a protection visa--any of the following (including any of the following in digital form):
(i) fingerprints or handprints of the person (including those taken using paper and ink or digital livescanning technologies);
(ii) a photograph or other image of the person's face and shoulders;
(iii) an audio or a video recording of the person;
(iv) an iris scan;
(v) the person's signature;
(vi) any other personal identifier contained in the person's passport or other travel document;
(vii) any other personal identifier of a type prescribed for the purposes of paragraph (2AC)(a); or
(b) if the person is an applicant for a temporary safe haven visa within the meaning of section 37A, or any other visa of a class that the regulations designate as a class of humanitarian visas--any of the following (including any of the following in digital form):
(i) fingerprints or handprints of the person (including those taken using paper and ink or digital livescanning technologies);
(ii) a photograph or other image of the person's face and shoulders;
(iii) an iris scan;
(iv) the person's signature;
(v) any other personal identifier contained in the person's passport or other travel document;
(vi) any other personal identifier of a type prescribed for the purposes of paragraph (2AC)(a); or
(c) if paragraphs (a) and (b) do not apply--any of the following (including any of the following in digital form):
(i) a photograph or other image of the person's face and shoulders;
(ii) the person's signature;
(iii) any other personal identifier contained in the person's passport or other travel document;
(iv) any other personal identifier of a type prescribed for the purposes of paragraph (2AC)(a).
Note: Division 13AB sets out further restrictions on the personal identifiers that minors and incapable persons can be required to provide.
(2AB) In requiring, for the purposes of paragraph (2A)(ab), a person to provide a personal identifier, an officer must not contravene regulations made for the purposes of paragraph (2AC)(b).
(2AC) The regulations:
(a) may prescribe other types of personal identifiers; and
(b) may provide that a particular personal identifier referred to in subsection (2AA), or a particular combination of such personal identifiers, must not be required except in the circumstances prescribed for the purposes of this paragraph.
(2B) The applicant is taken not to have complied with a requirement referred to in paragraph (2A)(ab) unless the one or more personal identifiers are provided by way of one or more identification tests carried out by an authorised officer.
Note: If the types of identification tests that the authorised officer may carry out are specified under section 5D, then each identification test must be of a type so specified.
(2C) However, subsection (2B) does not apply, in circumstances prescribed for the purposes of this subsection, if the personal identifier is of a prescribed type and the applicant:
(a) provides a personal identifier otherwise than by way of an identification test carried out by an authorised officer; and
(b) complies with any further requirements that are prescribed relating to the provision of the personal identifier.
(3) The regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application.
(4) Without limiting subsection (3), the regulations may also prescribe:
(a) the circumstances that must exist for an application for a visa of a specified class to be a valid application; and
(b) how an application for a visa of a specified class must be made; and
(c) where an application for a visa of a specified class must be made; and
(d) where an applicant must be when an application for a visa of a specified class is made.