Section 45 — Application for visa
Text of provision
(1) Subject to this Act and the regulations, a non-citizen who wants a visa must apply for a visa of a particular class.
Plain English
Section 45 states the basic rule: a non-citizen who wants a visa must apply for one. The application must be for a visa of a particular class (not an open-ended request). The requirements for a valid application — including where, when, and how to apply — are set out in s 46.
Practical effect
Section 45 establishes that the default position is that non-citizens must affirmatively apply for a visa. There is no mechanism to be "automatically" granted a visa based on status — each visa requires a valid application, with limited exceptions (such as born-in-Australia non-citizens under certain circumstances).
Section 45A introduces a visa application charge (VAC) for most applications. The amount is prescribed in the Regulations. Some applications, such as certain humanitarian visas, are VAC-exempt.