39 Criterion limiting number of visas
(1) may be the criterion that the grant of the visa would not cause the
number of visas of that class granted in a particular financial year
to exceed whatever number is fixed by the Minister, by notice
published in the Gazette, as the maximum number of such visas
that may be granted in that year (however the criterion is
expressed).
(2) For the purposes of this Act, when a criterion allowed by
subsection (1) prevents the grant in a financial year of any more
visas of a particular class, any outstanding applications for the
grant in that year of visas of that class are taken not to have been
made.