(1) Subject to section 91F and subsection (3), if:
(a) this Subdivision applies to a non - citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not apply to the non - citizen immediately before that time; and
(b) the regulation prescribes a day as the cut off day; and
(c) during the period (the transitional period ) from the beginning of the cut off day until immediately before that regulation takes effect, the non - citizen made an application for a protection visa;
(d) if the non - citizen had not been immigration cleared at the time of making the application--that application, and any other application made by the non - citizen for a visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and
(e) if the non - citizen had been immigration cleared at the time of making the application--that application, and any other application made by the non - citizen for a protection visa made during the transitional period, ceases to be a valid application when the regulation takes effect; and
(f) on and after the regulation takes effect, this Act applies as if the non - citizen had applied for a protection visa immediately after the regulation takes effect.
(a) paragraphs (1)(d) and (e) apply even if an application referred to in the paragraph concerned, or a decision in relation to such an application, is the subject of a review by, or an appeal or application to, the Administrative Appeals Tribunal, a Federal Court or any other body or court; and
(b) no visa may be granted to the non - citizen as a direct, or indirect, result of such an application.
(3) Subsection (1) does not apply in relation to a non - citizen who, before the regulation referred to in that subsection takes effect, has:
(a) been granted a substantive visa as a result of an application referred to in that subsection; or
(b) been determined under this Act to be a non - citizen who satisfies the criterion mentioned in subsection 36(2).
(4) The cut off day specified in the regulation must not be:
(a) before a day on which the Minister, by notice in the Gazette , announces that he or she intends that such a regulation will be made; or
(b) more than 6 months before the regulation takes effect.