Migration Amendment Act 1986 (Cth)

Migration Amendment Act 1986

No. 71 of 1986

      

An Act to amend the Migration Act 1958

[Assented to 24 June 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Migration Amendment Act 1986.

(2) The Migration Act 19581is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Australian Citizenship Amendment Act 1986 comes into operation.

3. After section 6 of the Principal Act the following section is inserted:

Status of non-citizen children born in Australia

“6aaa. Where a child who is born in Australia is a non-citizen at the time when the child is born (in this section referred to as the ‘relevant time’), then, for the purposes of this Act—

 

(a) the child shall be deemed to enter Australia at the relevant time;

(b) in a case where—

(i) one of the child’s parents is, at the relevant time, the holder of a temporary entry permit that is in force; and

(ii) the other parent is not, at the relevant time, the holder of an entry permit that is in force,

the child shall be deemed to be included, as from the relevant time, in the temporary entry permit referred to in sub-paragraph (i);

(c) in a case where—

(i) one of the child’s parents is, at the relevant time, the holder of a temporary entry permit that is in force; and

(ii) the other parent is, at the relevant time, deemed, by virtue of sub-section 6 (7), to be included in the temporary entry permit referred to in sub-paragraph (i),

the child shall be deemed to be included, as from the relevant time, in the temporary entry permit referred to in sub-paragraph (i); and

(d) in a case where—

(i) one of the child’s parents is, at the relevant time, the holder of a temporary entry permit that is in force and is expressed to authorise the parent to remain in Australia for a specified period only;

(ii) the other parent is, at the relevant time, also the holder of a temporary entry permit that is in force and is expressed to authorise the parent to remain in Australia for a specified period only; and

(iii) paragraph (c) does not apply,

the child shall be deemed to be included, as from the relevant time—

(iv) if the period referred to in sub-paragraph (i) will expire on the same day as the period referred to in sub-paragraph (ii)—in each of the temporary entry permits referred to in sub-paragraphs (i) and (ii); or

(v) if the period referred to in sub-paragraph (i) will expire on a day that is later than the day on which the period referred to in sub-paragraph (ii) will expire—in the temporary entry permit referred to in sub-paragraph (i).”.

 

NOTE

1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; and Nos. 22, 72 and 123, 1984.

[Minister’s second reading speech made in—

House of Representatives on 16 April 1986

Senate on 29 May 1986