53Conditions on temporary entry class visas subject to restricted temporary entry instructions

1. On granting a temporary entry class visa subject to restricted temporary entry instructions, as an exception to those instructions, the Minister may—

2. impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that type:
3. vary or waive conditions that would otherwise apply to a visa of that type.

4. Following the grant of a temporary entry class visa subject to restricted temporary entry instructions, the Minister may, by special direction,—

5. impose further conditions, whether or not the conditions are specified in temporary entry instructions in relation to a visa of that type:
6. vary or cancel conditions that would otherwise apply to a visa of that type or were imposed under subsection (1).

7. The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder.

8. A condition imposed, varied, waived, or cancelled under this section—

9. must be notified to the visa holder by the Minister or an immigration officer; and
10. takes effect—
    1. from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
    2. from the date specified in the notice (being a date not earlier than the date of notification), in any other case.

11. The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas subject to restricted temporary entry instructions,—

12. impose further conditions on the visas, whether or not the conditions are specified in the restricted temporary entry instructions in relation to visas of the relevant types:
13. vary or cancel conditions that would otherwise apply to visas of the relevant types or that were imposed under this section.

14. However, the Minister may not make a special direction under subsection (4A) unless satisfied that the special direction is reasonably necessary to respond to 1 or more of the following circumstances:

15. any unusual circumstance:
16. any circumstance that is unable to be dealt with under any other provision of the Act:
17. any circumstance that is outside the Department’s control:
18. any circumstance that poses a challenge to the immigration system.

19. A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a further visa condition, or a variation or cancellation of a visa condition, applies by reference to all or any of the following:

20. their nationality:
21. the country or place from which they are travelling or have travelled (whether it is their original or an intermediate point of departure):
22. whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
23. the type of visa that they hold:
24. any other type of visa that they have applied for.

25. The Minister must certify a special direction made under subsection (4A) as follows:

26. the Minister considers that the exercise of the power to make the special direction in the particular situation is reasonably necessary to respond to 1 or more of the following circumstances:
    1. any unusual circumstance:
    2. any circumstance that is unable to be dealt with under any other provision of the Act:
    3. any circumstance that is outside the Department’s control:
    4. any circumstance that poses a challenge to the immigration system; and
27. the Minister considers that the exercise of the power to make the special direction in the particular situation will—
    1. benefit the class or classes of persons to whom it applies; or
    2. not disadvantage the class or classes of persons to whom it applies; and
28. the Minister has undertaken any consultation that they consider to be appropriate in the particular situation.

29. A special direction under subsection (4A)—

30. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
31. commences in accordance with section 378(3), even if it is not yet published; and
32. must be published together with an explanation of the effect of the special direction; and
33. must specify—
    1. its duration, which can be no longer than 6 months; and
    2. any statutory power exercised; and
    3. the class of persons to whom it applies.

34. To avoid doubt, subsection (2) applies whether the temporary entry class visa was granted as an exception to temporary entry instructions or otherwise.