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Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023

Purpose

Regulation 1.15N in Part 1 of the Regulations sets out the meaning of ‘concession period’ for the purposes of the Regulations. Regulation 1.15N was inserted in the Regulations on 19 September 2020 as part of Australia’s response to the COVID-19 Pandemic.

Regulation 1.15N makes provision for both an ‘initial concession period’, and also for later concession periods for the purposes of specified provisions of the Regulations. Subregulations 1.15N(1) and (2) provide for the initial concession period, which is a period that commenced on 1 February 2020 and which ends on a day specified by the Minister by legislative instrument under subregulation 1.15N(2).

The purpose of this instrument is to specify 25 November 2023, for the purposes of paragraph 1.15N(1)(b), as the day on which the concession period ends. In accordance with table item 4 in subsection 36(1) of the Acts Interpretation Act 1901, the concession period includes 25 November 2023, and ends at the end of that day.

On commencement of this instrument, any reference to a ‘concession period’ in the Migration Regulations is therefore a reference to a period commencing on 1 February 2020 and ending on 25 November 2023.

Regulation 1.15N was inserted by the Migration Amendment (COVID-19 Concessions) Regulations 2020 (the COVID-19 Concessions Regulations) on 19 September 2020. The COVID-19 Concessions Regulations amended the Migration Regulations to assist certain temporary and provisional visa holders, including individuals on a pathway to permanent residence, who were disadvantaged by the consequences of the COVID-19 Pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn.

Source: LIN23063.pdf and LIN23063-explanatory-statement.pdf

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