Migration Legislation Amendment Act 1989 (Cth)
This compilation was prepared on 28 June 2001
taking into account amendments up to Act No. 180 of 1989
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Migration Legislation Amendment Act 1989 .
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Part 3 commences on 19 June 1990.
(3) Subject to subsection (5), section 27 commences on a day to be fixed by Proclamation.
(4) Subject to subsection (5), the remaining provisions of this Act (other than section 35) commence on a day to be fixed by Proclamation.
(5) If a provision of this Act (other than section 1, 2 or 35 or Part 3) has not commenced within the period of 6 months beginning on the day on which this Act receives the Royal Assent, that provision commences on the first day after the end of that period.
(6) Section 35 of this Act commences on the day after the provisions of this Act referred to in subsection (4) commence.
In this Part,
Principal Act means theMigration Act 1958 .
Section 5 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of
authorised officer ,entry permit ,officer ,temporary entry permit andvisa and substituting respectively the following definitions:“
authorised officer , when used in a provision of this Act, means an officer authorised in writing by the Minister or the Secretary for the purposes of that provision.
entry permit means permission to enter or remain in Australia.
officer means:
(a) an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph;
(b) a person who is an officer for the purposes of the
Customs Act 1901 , other than such an officer specified by the Minister in writing for the purposes of this paragraph;(c) a person who is a protective service officer for the purposes of the
Australian Protective Service Act 1987 , other than such a person specified by the Minister in writing for the purposes of this paragraph;(d) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or
(e) a member of the police force of an external Territory.
temporary entry permit means an entry permit that is subject to a limitation as to the time the holder is authorised to remain in Australia.
visa means permission to travel to Australia.”;
(b) by inserting in subsection (1) the following definitions:
“
accompanying child , in relation to a deportee, means a dependent child of the deportee, if a deportation order has been made, whether under section 19 or another provision of this Act in respect of the child.
accompanying spouse , in relation to a deportee, means the spouse of the deportee, if a deportation order has been made under section 19 in respect of the spouse.
aged parent means a parent who is old enough to be granted an age pension under theSocial Security Act 194 7 .
applicable pass mark , in relation to an application for a visa of a particular class that is reconsidered pursuant to Subdivision B of Division 1A of Part II, means the number of points specified, in a notice under section 11N in force at the time of the reconsideration, as the pass mark for the purposes of applications for visas of that class.
applicable pool entrance mark , in relation to a visa of a particular class, means the number of points specified as the pool entrance mark for that class in a notice under section 11N in force at the time concerned.
applicable priority mark means:
(a) in relation to a visa of a particular class—the number of points specified as the priority mark for that class in a notice under section 11N in force at the time concerned; and
(b) in relation to an entry permit of a particular class—the number of points specified as the priority mark for that class in a notice under section 11Y in force at the time concerned.
approved form , when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision.
Australian passport means a passport issued under thePassports Act 1938 .
diplomatic or consular representative , in relation to a country other than Australia, means a person who has been appointed to, or is the holder of, a post or position in a diplomatic or consular mission of that country in Australia, not being a person who was ordinarily resident in Australia when he or she was appointed to be a member of the mission.
exempt non‑citizen means a non‑citizen who is:
(a) a member of the armed forces of the Crown who enters or has entered Australia in the course of his or her duty;
(b) a diplomatic or consular representative of a country other than Australia, a member of the staff of such a representative or the spouse or dependant relative of such a representative;
(c) a person included in the complement of a vessel of the regular armed forces of a government recognised by the Commonwealth, who enters or has entered Australia with leave from that vessel during the vessel’s stay in a port;
(d) a person in relation to whom the following conditions are satisfied:
(i) the person is a member of the crew of a vessel other than:
(A) a prescribed vessel; or
(B) a vessel referred to in paragraph (c);
(ii) the person is not a prescribed crew member;
(iii) the person is entering or has entered Australia with leave from the vessel during the vessel’s stay in a port;
(iv) in the case of a person who enters Australia after the commencement of section 4 of the
Migration Legislation Amendment Act 1989 —when the person enters Australia, he or she does not intend to remain in Australia for more than 28 days;(v) the master of the vessel has duly complied with the provisions of Division 3 of Part II that are applicable upon arrival of the vessel at the port;
(e) a person who is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 53A(2), from the operation of subsection 6(1); or
(f) a person who is an inhabitant of the Protected Zone, not being a person who, at the time of entry, is or was a person to whom subsection 11A(1) applies because of paragraph 11A(1)(d), who is entering or has entered a part of Australia (being a part that is in the Protected Zone or in an area in the vicinity of the Protected Zone) in connection with the performance of traditional activities.
Federal Court means the Federal Court of Australia.
member means a member of the Tribunal.
period of grace , in relation to an illegal entrant, means the period worked out under section 5J.
permanent entry permit means an entry permit that is not subject to any limitation as to the time the holder is authorised to remain in Australia.
prescribed means prescribed by the regulations.
presiding member , in relation to a review by the Tribunal, means:
(a) if the Tribunal is, for the purposes of the review, constituted by 2 or 3 members—the member who, in accordance with section 64J, is to preside at the review; or
(b) if the Tribunal is, for the purposes of the review, constituted by one member—that member.
Principal Member means the Principal Member of the Tribunal.
properly endorsed valid entry permit , in relation to a person to whom subsection 11A(1) or (2) applies, means:
(a) a valid entry permit granted before the commencement of section 4 of the
Migration Legislation Amendment Act 1989 that is endorsed with a statement that the person granting the entry permit recognises the holder of the entry permit to be a person to whom subsection 16(1) or (1AA) of this Act, as in force at any time before that commencement, applies; or(b) a valid entry permit granted after the commencement of section 4 of the
Migration Legislation Amendment Act 1989 that is endorsed pursuant to subsection 11A(4) with a statement that the person granting the entry permit recognises the holder of the entry permit to be a person to whom subsection 11A(1) or (2), as the case requires, applies for the reasons set out in a section 11A notice referred to in the endorsement, where those are the only reasons for which either of those last‑mentioned subsections applies to the person.
properly endorsed valid entry visa , in relation to a person to whom subsection 11A(1) applies, means a valid visa, being an entry visa under section 9, that is endorsed with a statement that the Secretary recognises the holder of the visa to be a person to whom subsection 11A(1) would apply, if the person entered Australia, for the reasons set out in a section 11A notice, where those are the only reasons for which subsection 11A(1) applies to the person.
reviewable decision means a decision that is, because of regulations under subsection 61(1) or 62(1), reviewable by a review authority.
review authority means:
(a) a review officer; or
(b) the Tribunal.
review officer means:
(a) an officer of the Department prescribed for the purposes of this definition; or
(b) an officer of the Department included in a class of officers of the Department prescribed for the purposes of this definition.
review under Part III does not include an appeal to the Federal Court under section 64V.
score means:
(a) in relation to an applicant for a visa—the total number of points given to the applicant pursuant to section 11L in the most recent assessment or re‑assessment under Subdivision B of Division 1A of Part II; or
(b) in relation to an applicant for an entry permit—the total number of points given to the applicant pursuant to subsection 11X(2).
Secretary means the Secretary to the Department.
section 11A notice means a notice given to the Secretary under subsection 11A(3).
Senior Member means a Senior Member of the Tribunal.
Tribunal means the Immigration Review Tribunal established by section 64ZJ.
valid entry permit means an entry permit that:
(a) was granted under this Act, whether before or after the commencement of section 4 of the
Migration Legislation Amendment Act 1989 ;(b) has not been cancelled under this Act; and
(c) has not expired, or otherwise stopped being in force, under this Act or the regulations;
and includes a visa that has effect as if it were an entry permit because of section 10, but does not include a visa or similar notation, or a form of provisional authority to enter Australia, issued, before 1 November 1979 on behalf of the Commonwealth.
valid permanent entry permit means a permanent entry permit that is a valid entry permit.
valid temporary entry permit means a temporary entry permit that is a valid entry permit.
valid visa means a visa that:
(a) was granted under this Act, whether before or after the commencement of section 4 of the
Migration Legislation Amendment Act 1989 ;(b) has not been cancelled under this Act; and
(c) has not expired, or otherwise stopped being in force, under this Act or the regulations.
working day , in relation to a place, means any day that is not a Saturday, a Sunday or a public holiday in that place.”;
(c) by omitting subsection (6) and substituting the following subsection:
“(6) For the purposes of this Act, an application under this Act is finally determined when either:
(a) a decision that has been made in respect of the application is not, or is no longer, subject to any form of review under Part III; or
(b) a decision that has been made in respect of the application was subject to some form of review under Part III, but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.”;
(d) by adding at the end the following subsection:
“(20) For the purposes of Division 6 of Part II:
(a) a reference to a payment includes a reference to the transfer of property other than money; and
(b) if a payment is made by the transfer of property other than money, the amount paid shall be taken to be the money value of that property.”.
“
A child who:
(a) was born in Australia; and
(b) was a non‑citizen when he or she was born;
shall be taken to have entered Australia when he or she was born.
“
A person described in a paragraph of the definition of
exempt non‑citizen in subsection 5(1) stops being an exempt non‑citizen if:
(a) where the person is described in paragraph (a) of that definition and is not a member of the Australian armed forces—the person becomes absent without leave or ceases to be a member of the armed forces of the Crown;
(b) where the person is described in paragraph (b) of that definition—the person stops being a person so described;
(c) where the person is described in paragraph (c) or (d) of that definition:
(i) the person remains in Australia after the vessel has left the port at which he or she entered, or last entered, Australia; or
(ii) before the vessel has so left, the person becomes absent without leave;
(d) where the person is described in paragraph (d) of that definition—after entering Australia, the person remains in Australia for more than 28 days;
(e) where the person is described in paragraph (e) of that definition—the person stops being a person so described, whether by his or her own act, by act of the Minister or otherwise;
(f) where the person is described in paragraph (f) of that definition:
(i) the person ceases to be an inhabitant of the Protected Zone;
(ii) the person remains in Australia otherwise than in connection with the performance of traditional activities; or
(iii) the person enters a part of Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone; or
(g) except in the case of a person described in paragraph (b) of that definition—a declaration in relation to the person is made under section 8.
“
Where:
(a) 2 or more persons who are the holders of the same visa travel to Australia on board the same vessel; and
(b) on arrival in Australia, one of those persons is in possession of that visa;
each of them shall, for the purposes of this Act, be taken to be in possession of that visa on arrival in Australia.
“
For the purposes of this Act, a person shall not be taken to be in custody under this Act, or in the custody of an officer, unless the person is:
(a) being held:
(i) in a detention centre established under this Act;
(ii) in a prison or remand centre of the Commonwealth, of a State or of a Territory;
(iii) in a police station or watch house; or
(iv) in another place approved by the Minister in writing; or
(b) in the company of, and restrained by:
(i) an officer; or
(ii) another person directed by the Secretary to accompany and restrain the person.
“
For the purpose of deciding whether a marriage is to be recognised as valid for the purposes of this Act, Part VA of the
Marriage Act 1961 applies as if section 88E of that Act were omitted.
“
“(1) The period of grace for a person who has become an illegal entrant:
(a) starts when the person becomes an illegal entrant; and
(b) ends when the total number of days that have passed since the period started, not counting excluded days, equals 28.
“(2) In this section:
excluded day , in relation to a person who becomes an illegal entrant, means each day of any period:
(a) starting when the person applies, as permitted by or under this Act and in circumstances where section 11Q applies, for an entry permit and ending when the person is notified of the decision on the application;
(b) starting when the person applies, as permitted by or under this Act and in accordance with the regulations for a review under Part III of a decision refusing him or her an entry permit and ending when the person is notified:
(i) where the review authority has determinative powers—of the decision on the review; or
(ii) where the review authority has recommendatory powers—of the making of a decision in response to the recommendation of the review authority; or
(c) starting when the person applies to the Federal Court, whether under this Act, the
Judiciary Act 1903 or theAdministrative Decisions (Judicial Review) Act 1977 , for review of a decision refusing the person an entry permit and ending when the Federal Court gives its decision at first instance on that review;other than a day on which a notice under section 11W is operating to stop the taking of action in relation to entry permits of the class concerned.”.
“
On entering Australia, a non‑citizen becomes an illegal entrant unless:
(a) he or she is the holder of a valid entry permit; or
(b) the entry was authorised by section 9.
“(2) Where a person to whom subsection 11A(1) or (2) applies has entered Australia (whether before or after the commencement of this section) then, at and after that commencement, or that entry, whichever is later, the person is an illegal entrant at any time while he or she:
(a) remains in Australia;
(b) is not a citizen; and
(c) does not hold a properly endorsed valid entry permit or a properly endorsed valid entry visa.
“(3) A non‑citizen who is the holder of a valid entry permit becomes an illegal entrant if he or she stops being the holder of a valid entry permit while he or she is in Australia.
“(4) An exempt non‑citizen becomes an illegal entrant if:
(a) while he or she is in Australia, he or she stops being an exempt non‑citizen; and
(b) at that time, he or she is not the holder of a valid entry permit.
“
“(1) Subsection 6(1) does not apply in relation to the entry into Australia of an exempt non‑citizen, not being a person in respect of whom a declaration is in force under section 8.
“(2) Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor.
“
The Minister may, in writing, declare, in relation to an exempt non‑citizen, that it is undesirable that the exempt non‑citizen be permitted to enter Australia or to remain in Australia.
“
“(1) The holder of an entry visa (not being a statutory visitor) may enter Australia after disembarkation at a proclaimed airport.
“(2) The holder of an entry visa (not being a statutory visitor) may enter Australia if he or she:
(a) travelled to Australia on a pre‑cleared flight; and
(b) did not land in any other country after leaving the country of embarkation of that pre‑cleared flight and before arriving in Australia.
“(3) Except as provided by subsection (1) or (2), a visa, whenever granted, does not entitle the holder of the visa to enter Australia or to be granted an entry permit.
“(4) The Minister may, by instrument in writing, determine that this section applies to visas granted in a specified manner and form.
“(5) In this section:
entry visa means:
(a) a valid visa that was granted, after the commencement of section 7 of the
Migration Amendment Act (No. 2) 1988 but before the commencement of this section, in a manner and form specified in a determination in force under subsection 6AA(7) of this Act at the time of the grant; or(b) a valid visa that was granted after the commencement of this section in a manner and form specified in a determination in force under subsection (4) at the time of the grant.
“
Where the holder of an entry visa within the meaning of section 9 enters Australia pursuant to that section, the visa has effect, immediately after the holder’s entry, for all purposes as if it were an entry permit granted subject to any conditions, and to any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.
“
The Minister may, in writing, declare a specified flight by an aircraft on a specified day between a specified foreign country and Australia to be a pre‑cleared flight for the purposes of section 9.
“
“(1) This subsection applies to a person, being a non‑citizen, who has entered Australia, whether before or after the commencement of this section, if:
(a) the person evaded an officer for the purpose of entering Australia;
(b) when, or before, the person entered Australia, he or she:
(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry:
(A) a bogus document; or
(B) a passenger card containing information that was false or misleading in a material particular; or
(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry, a statement that was false or misleading in a material particular;
(c) when, or before, a visa was granted or issued in respect of the person, he or she:
(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a bogus document; or
(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a statement that was false or misleading in a material particular; or
(d) when the person entered Australia, the person was:
(i) suffering from a prescribed disease or a prescribed physical or mental condition;
(ii) a person who had been convicted of a crime and sentenced to death, to imprisonment for life or to imprisonment for a period of at least one year;
(iii) a person who had been convicted of 2 or more crimes and sentenced to imprisonment for a period totalling at least one year;
(iv) a person who had been charged with a crime and either:
(A) found guilty of having committed the crime while of unsound mind; or
(B) acquitted on the ground that the crime was committed while the person was of unsound mind;
(v) a person who has been deported from Australia or another country; or
(vi) a person who has been excluded from another country in prescribed circumstances.
“(2) This subsection applies to a person, being a non‑citizen, who has entered Australia, whether before or after the commencement of this section, if:
(a) after entry, an entry permit has been granted to the person authorising the person to remain in Australia; and
(b) in respect of the grant of that entry permit:
(i) the person produced a bogus document, or caused a bogus document to be produced, to an officer or a person exercising powers or performing functions under this Act; or
(ii) the person made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, a statement that was false or misleading in a material particular.
“(3) A person:
(a) to whom subsection (1) would apply if the person entered Australia; or
(b) to whom subsection (1) or (2) applies;
may give to the Secretary a notice in the prescribed form stating that the person is, for reasons specified in the notice, a person to whom the subsection concerned would apply, or applies, as the case requires.
“(3A) Where:
(a) a person has given the Secretary a section 11A notice; and
(b) a visa is granted to the person;
the person granting the visa must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 11A(1) applies or would apply for the reasons set out in the section 11A notice.
“(4) Where:
(a) a person gives the Secretary a section 11A notice; and
(b) an entry permit is granted to the person;
the person granting the entry permit shall endorse the entry permit with a statement that he or she recognises the holder of the entry permit to be a person to whom subsection 11A(1) or (2), as the case requires, applies for the reasons set out in the section 11A notice.
“(4A) Without limiting the generality of section 67, the regulations may make provision for visas and entry permits to be endorsed for the purposes of subsections (3A) and (4) using codes or abbreviations.
“(5) For the purposes of this section, the circumstances in which a person shall be taken to have evaded an officer include, but are not limited to, the circumstances set out in subsections (6) and (7).
“(6) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if:
(a) the person entered Australia before 1 June 1959 while he or she was a member of the crew of, or a person included in the complement of, a vessel; and
(b) at the time of entering Australia, or at any time afterwards, the person deserted the vessel or became absent without leave.
“(7) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if the person entered Australia (whether before or after the commencement of this section) at a place (other than an Australian resources installation or an Australian sea installation) where no officer (other than a member of a police force) was stationed.
“(8) A reference in this section to a person producing, or causing to be produced, a bogus document is a reference to a person producing, or causing to be produced, a bogus document whether or not the person knew that the document was a bogus document.
“(9) A reference in this section to a person producing, or causing to be produced, a passenger card containing information that was false or misleading in a material particular is a reference to a person producing, or causing to be produced, such a passenger card, whether or not the person knew that the information contained in it was false or misleading in a material particular.
“(10) A reference in this section to a person making, or causing to be made, a statement that was false or misleading in a material particular is a reference to a person making, or causing to be made, such a statement, whether or not the person knew that the statement was false or misleading in a material particular.
“(11) A person who has been convicted of a crime and ordered to be confined in a corrective institution other than a prison shall for the purposes of this section be taken to have been convicted of that crime and sentenced to imprisonment for the period equal to the period during which he or she was so confined.
“(12) For the purpose of ordering the deportation of a person on the ground that the person is an illegal entrant because of subsection 6(2), the reference in this section to a prescribed disease shall be read as a reference to a disease, or a physical or mental condition, that is prescribed for the purposes of this section by regulations in force at the time when the person is ordered to be deported.
“(13) In this section:
bogus document , in relation to a person, means an entry permit, certificate, passport, visa, identification card or any other document that:
(a) was not issued to the person;
(b) was forged or fraudulently altered; or
(c) was obtained by the making of a false or misleading representation.
crime means an offence punishable:
(a) by death;
(b) by imprisonment for life; or
(c) by imprisonment for a maximum period of at least 6 months.
officer includes a person who was an officer for the purposes of theImmigration Restriction Act 1901 .
visa includes:
(a) a visa or similar notation, or a form of provisional authority to enter Australia, that was issued on behalf of the Commonwealth before 1 November 1979; and
(b) a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia.
“
“(1) Where a person is deemed, because of subsection 12(1) of the
Migration Amendment Act (No. 2) 1980 , to have entered Australia as an immigrant within the meaning of theMigration Act 1958 as amended by theMigration Amendment Act (No. 2) 1980 , subsection 6(2) does not apply in relation to that entry.“(2) Section 11A has effect in relation to a person who is the holder of a re‑entry permit within the meaning of section 12 of the
Migration Amendment Act (No. 2) 1980 , being a re‑entry permit that has not expired, as if paragraph (1)(d) of that section were omitted and the following paragraph were substituted:
‘(d) when he or she made a request for the grant of an entry permit, the person was a person referred to in paragraph 12(7)(c), (d), (e), (f) or (g) of the
Migration Amendment Act (No. 2) 1980 .’.
“
“(1) A person who has become an illegal entrant otherwise than under subsection 6(2) stops being an illegal entrant if and when an entry permit or further entry permit is granted to the person, and not otherwise.
“(2) A person who has become an illegal entrant under subsection 6(2) for a particular reason stops being an illegal entrant if and when there is granted to the person a properly endorsed valid entry permit, and does not otherwise stop being an illegal entrant.
“
“(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of visas with respect to travel to Australia, including the granting of visas:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of visas;
(c) in relation to the effect and operation of visas; and
(d) in relation to the cancellation of visas.
“(2) Regulations made under subsection (1) may provide:
(a) for different classes of visas; and
(b) that, subject to section 11J, a person is entitled to be granted a visa of a particular class if a person satisfies all the prescribed criteria in relation to that class.
“(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed under Subdivision B.
“(4) The conditions subject to which visas may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:
(a) the condition that if, because of section 10, the visa has effect as if it were an entry permit, it will be taken, in spite of section 10, not to be a valid entry permit for the purposes of section 11ZD;
(b) the condition that, in spite of anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted an entry permit while he or she remains in Australia; and
(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:
(i) any work;
(ii) work other than specified work; or
(iii) work of a specified kind;
without the permission in writing of the Secretary.
“(5) Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect.
“
“(1) This section applies where, and only where:
(a) a person makes an application for a visa of a particular class in the approved form and in accordance with the regulations; and
(b) any fee payable in respect of the application is paid.
“(2) Unless this section applies, the Minister:
(a) is not required to consider an application at all; and
(b) shall not in any circumstances grant a visa.
“(3) Where it appears to the Minister that an applicant for a visa other than an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned, then:
(a) the Minister shall give the applicant written notice:
(i) stating that the Minister proposes to grant a visa; and
(ii) requiring the applicant to notify the Minister, as prescribed, if there has been any material change in his or her circumstances since the application was made; and
(b) if and only if the Minister becomes satisfied that there has been no material change in the applicant’s circumstances since the application was made, the Minister shall, subject to section 11J, grant the visa.
“(4) Where:
(a) an applicant is given a notice under paragraph (3)(a); and
(b) the applicant notifies the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;
the Minister shall reconsider the application having regard to that material change, including if necessary by reassessing the applicant’s score under section 11L, to determine, whether for the purposes of subsection (3), the applicant is, at the time of the reconsideration, entitled under the regulations to be granted a visa of the class concerned.
“(5) Where paragraph (3)(b) requires the Minister to grant a visa, the Minister:
(a) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and
(b) shall impose such conditions in connection with the grant of the visa as are required by the regulations.
“(5A) Where it appears to the Minister that an applicant for an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned:
(a) the Minister shall, subject to section 11J, grant the visa; and
(b) the Minister:
(i) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and
(ii) shall impose such conditions in connection with the grant of the visa as are required by the regulations.
“(6) Except in a case where subsection 11M(3) applies, where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted a visa of the class concerned, the Minister shall refuse to grant the applicant such a visa.
“(7) Where it appears to the Minister, upon reconsideration of an application pursuant to regulations made under subsection 11M(4), that the applicant:
(a) because of subparagraph 11M(5)(b)(i), is to be taken not to have received the necessary score; and (b) because of that is not, under the regulations, entitled to be granted a visa of the class concerned;
the Minister shall refuse to grant the applicant such a visa.
“(8) For the purposes of this section and section 11A, an applicant who:
(a) is given a notice under paragraph (3)(a); and
(b) does not notify the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;
shall be taken to have notified the Minister that there has been no material change in his or her circumstances since the application was made.
“(9) In this section:
exempt visa means a visa included in a prescribed class of visas.
“
“(1) A visa shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 21A or 21B.
“(2) Nothing in subsection (1) prevents the grant of a visa to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.
“(3) This section does not apply in relation to the granting of visas to statutory visitors.
“
The Minister may at any time, in his or her absolute discretion, cancel a valid visa.
“
“(1) Where:
(a) a person’s name is included in the passport or other document of identity of the person’s spouse; and
(b) the person accompanies his or her spouse to Australia (whether before or after the commencement of this section);
the person shall be taken to be included in any visa granted to the spouse and noted on the passport or other document of identity if, and only if, the person’s name is included in the visa.
“(2) Where:
(a) the name of a child is included in the passport or other document of identity of a parent of the child; and
(b) the child accompanies that parent to Australia (whether before or after the commencement of this section);
the child shall be taken to be included in any visa granted to the parent and noted on the passport or other document of identity if, and only if, the child’s name is included in the visa.
“
“(1) The Minister may, by notice in the
Gazette , determine that dealing with applications for visas of a specified class is to stop until a day specified in the notice (in this section called theresumption day ).“(2) Where a notice under subsection (1) is published in the
Gazette , no official shall take any action in relation to any application for a visa of the class concerned until the resumption day.“(3) A notice under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse, child or aged parent of a person who:
(a) is an Australian citizen; or
(b) is the holder of a valid permanent entry permit.
“(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse a visa if the decision had been made before the date of the notice concerned.
“(5) In this section:
child , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.
official means any person or body performing functions or exercising powers under or for the purposes of this Act.
“
This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the necessary score when assessed as provided by this Subdivision.
“
“(1) The Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.
“(2) In this section:
prescribed means prescribed by regulations in force at the time the assessment is made.
“
“(1) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.
“(2) An applicant whose score is less than the applicable pool entrance mark at the time when the score is assessed shall be taken not to have received the necessary score.
“(3) Where an applicant’s score is more than or equal to the applicable pool entrance mark but less than the applicable priority mark at the time when the score is assessed, the Minister shall, unless the application is withdrawn, put it aside and deal with it in accordance with regulations made under subsection (4).
“(4) The regulations may provide:
(a) for the Minister to reconsider an application that is put aside under subsection (3) after the Minister next gives a notice under section 11N specifying the pass mark in relation to the class of visas concerned;
(b) for such reconsideration to involve comparing the applicant’s score with that pass mark but not to involve re‑assessing that score; and
(c) for such reconsideration to occur a specified maximum number of times.
“(5) Where an application for a visa of a particular class is reconsidered pursuant to regulations made under subsection (4):
(a) if the applicant’s score is more than or equal to the applicable pass mark—the applicant shall be taken to have received the necessary score; and
(b) if the applicant’s score is less than the applicable pass mark:
(i) if those regulations do not permit any further reconsideration of the application—the applicant shall be taken not to have received the necessary score; and
(ii) in any other case—the Minister shall put the application aside and continue to deal with it in accordance with those regulations.
“(6) Where, in accordance with this section, the Minister puts an application aside, he or she shall be taken for all purposes not to have failed to make a decision about the application.
“
“(1) The Minister may, from time to time, by notice in the
Gazette , specify, in relation to a class of visas, the pool entrance mark and the priority mark for the purposes of this Act and the regulations.“(2) The Minister may, from time to time, by notice in the
Gazette , specify, in relation to applications for visas of a particular class, the pass mark for the purposes of this Act and the regulations.“(3) A notice under subsection (1) or (2) operates to revoke the previous notice under that subsection in relation to the same class of visas.
“(4) The Minister shall cause copies of each notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the
Gazette .
“
“(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of entry permits, including the granting of entry permits:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of entry permits;
(c) in relation to the effect and operation of entry permits; and
(d) in relation to the cancellation of entry permits that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.
“(2) Regulations made under subsection (1) may provide:
(a) for different classes of entry permits; and
(b) that, subject to sections 11W and 11ZB, a person is entitled to be granted an entry permit of a particular class if that person satisfies all the prescribed criteria in relation to that class.
“(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed as provided by section 11X.
“(4) The conditions subject to which temporary entry permits may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:
(a) the condition that the temporary entry permit will be taken not to be a valid temporary entry permit for the purposes of section 11ZD;
(b) where the temporary entry permit is granted to the person before entry into Australia—the condition that, in spite of anything else in this Act, the holder of the temporary entry permit will not, after entering Australia, be entitled to be granted another entry permit while he or she remains in Australia; and
(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:
(i) any work;
(ii) work other than specified work; or
(iii) work of a specified kind;
without the permission in writing of the Secretary.
“(5) Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect.
“
“(1) This section applies where, and only where:
(a) a person makes an application for an entry permit of a particular class in accordance with the regulations; and
(b) any fee payable in respect of the application is paid.
“(2) Unless this section applies, the Minister:
(a) is not required to consider an application at all; and
(b) shall not in any circumstances grant an entry permit.
“(3) Where it appears to the Minister that the applicant is, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall, subject to this Division, grant the applicant such an entry permit.
“(4) Where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall refuse to grant such an entry permit.
“
“(1) The Minister may at any time, in his or her absolute discretion, cancel a valid temporary entry permit.
“(2) Where, because of the operation of subsection 6(2), a person is an illegal entrant even though the person holds a valid entry permit, the entry permit shall be taken to have been cancelled:
(a) when the person entered Australia; or
(b) when the entry permit was granted;
whichever is later.
“(1) A person to whom this section applies because of section 64C is not entitled to make any application for an entry permit while he or she remains in Australia unless:
(a) there has been a prescribed change in the person’s circumstances since the end of the period of 10 working days mentioned in subsections 64C(3) and (4); and
(b) no deportation order has been made in respect of the applicant under section 17A.
“(2) Nothing in this section prevents a person making an application for an entry permit where:
(a) the person has been notified under subsection 64C(2); and
(b) the application is made, pursuant to that notification, within 10 working days after the person is so notified.
“(1) This section applies to an illegal entrant who:
(a) has entered, and remains in, Australia;
(b) while in Australia, has been refused an entry permit; and
(c) is not a person to whom section 11S applies because of section 64C.
“(2) Where this section applies to a person, the person is not entitled to make any further application for an entry permit while he or she remains in Australia unless:
(a) there has been a prescribed change in the person’s circumstances since he or she last applied for an entry permit; and
(b) no deportation order has been made in respect of that person under section 17A.
“
“(1) Where:
(a) a person’s name is included in the passport or other document of identity of the person’s spouse; and
(b) the person enters Australia (whether before or after the commencement of this section) in the company of his or her spouse;
the person shall be taken to be included in any entry permit granted to the spouse before the spouse’s entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.
“(2) Where:
(a) the name of a child is included in the passport or other document of identity of a parent of the child; and
(b) the child enters Australia (whether before or after the commencement of this section) in the company of that parent;
the child shall be taken to be included in any entry permit granted to the parent before the parent’s entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.
“
“(1) This section applies to a child who:
(a) is born in Australia (whether before or after the commencement of this section); and
(b) is a non‑citizen when he or she is born.
“(2) Where, at the time of birth:
(a) one of the child’s parents is the holder of a valid temporary entry permit; and
(b) the other parent:
(i) is not the holder of a valid entry permit; or
(ii) is, because of subsection 11U(1), taken to be included in the valid temporary entry permit referred to in paragraph (a);
the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a).
“(3) Where, at the time of birth, each of the child’s parents is the holder of a valid temporary entry permit, the child shall be taken to be included from the time of birth in each of the valid temporary entry permits.
“
“(1) The Minister may, by notice in the
Gazette , determine that dealing with applications for entry permits of a specified class made by persons who have entered, and remain in, Australia is to stop until a day specified in the notice (in this section called theresumption day ).“(2) Where a notice under subsection (1) is published in the
Gazette , no official shall take any action in relation to any application for an entry permit of the class concerned made by an applicant who has entered, and remains in, Australia until the resumption day.“(3) A notice under this section does not have any effect in relation to an application for an entry permit made by a person on the ground that he or she is the spouse, child or aged parent of a person who:
(a) is an Australian citizen; or
(b) is the holder of a valid permanent entry permit.
“(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse an entry permit if the decision had been made before the date of the notice concerned.
“(5) In this section:
child , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.
official means any person or body performing functions or exercising powers under or for the purposes of this Act.
“
“(1) This section applies in relation to an application for an entry permit of a particular class where:
(a) the applicant has entered, and remains in, Australia; and
(b) one of the prescribed criteria in relation to an entry permit of that class is the criterion that the applicant receives the necessary score when assessed as provided by this section.
“(2) The Minister shall make the assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.
“(3) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.
“(4) An applicant whose score is less than the applicable priority mark at the time when the score is assessed shall be taken not to have received the necessary score.
“
“(1) The Minister may, from time to time, by notice in the
Gazette , specify, in relation to a class of entry permits, the priority mark for the purposes of this Act and the regulations.“(2) A notice under subsection (1) operates to revoke the previous notice under that subsection in relation to the same class of entry permits.
“(3) The Minister shall cause copies of each notice under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after publication of the notice in the
Gazette .
“
An entry permit shall not be granted to a person before he or she enters Australia unless the person:
(a) is the holder of a valid visa; or
(b) is exempted from the operation of section 26A by an instrument under subsection 53A(1).
“
An entry permit shall not be granted to a non‑citizen who has entered Australia without an entry permit pursuant to an exemption under subsection 53A(2) that specified as mentioned in subsection 53A(3).
“
“(1) An entry permit shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 21A or 21B.
“(2) Nothing in subsection (1) prevents the grant of an entry permit to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.
“
An entry permit shall not be granted to a person unless the person is physically present in Australia.
“
“(1) A permanent entry permit shall not be granted to a non‑citizen after entry into Australia unless at least one of the following paragraphs applies to the non‑citizen:
(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;
(b) he or she:
(i) is the holder of a valid temporary entry permit; and
(ii) is the spouse or child of an Australian citizen or of the holder of a valid permanent entry permit;
(c) he or she:
(i) is the holder of a valid temporary entry permit; and
(ii) is the aged parent of an Australian citizen or of the holder of a valid permanent entry permit;
and the balance of his or her family is in Australia;
(d) he or she is the holder of a valid temporary entry permit and the Minister has determined, in writing, that the non‑citizen has the status of refugee within the meaning of:
(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or
(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967;
(e) he or she:
(i) is the holder of a valid temporary entry permit;
(ii) is authorised to work in Australia; and
(iii) is not a prescribed non‑citizen;
(f) he or she is the holder of a valid temporary entry permit and there are strong compassionate grounds for the grant of a permanent entry permit to him or her;
(g) he or she is the holder of a valid temporary entry permit and there are strong humanitarian grounds for the grant of a permanent entry permit to him or her.
“(2) The Minister shall not delegate to any person the power to grant a permanent entry permit to a non‑citizen to whom paragraph (1)(a) applies (whether or not another paragraph of subsection (1) also applies to the non‑citizen).
“(3) For the purposes of this section, the balance of an aged parent’s family shall be taken to be in Australia in prescribed circumstances.
“(4) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted before 29 October 1979 shall be taken to be authorised to work in Australia if, in the application or last application to visit Australia made by the holder or on the holder’s behalf:
(a) where the application was made by the holder—the holder did not declare that he or she would not engage in employment in Australia; or
(b) where the application was made on the holder’s behalf—the person making the application did not declare that the holder would not engage in employment in Australia.
“(5) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted after 28 October 1979 shall be taken to be authorised to work in Australia if:
(a) the temporary entry permit was not granted subject to any condition imposing restrictions with respect to the work that may be performed by the holder in Australia;
(b) the temporary entry permit was granted subject to a condition imposing restrictions on the holder’s performing work other than specified work or work of a specified kind in Australia; or
(c) the temporary entry permit was granted:
(i) before the commencement of this section, subject to a condition imposing restrictions on the holder’s performing any work without the written permission of an authorised officer; or
(ii) after that commencement, subject to a condition imposing restrictions on the holder’s performing any work without the written permission of the Secretary;
and such permission has been given and has not been revoked.
“(6) Where a temporary entry permit was granted before the commencement of this section subject to a condition as mentioned in subparagraph (5)(c)(i), the Secretary may, after the commencement:
(a) give permission for the purposes of that condition; and
(b) revoke any permission given by an authorised officer for the purposes of that condition.
“(7) In this section:
child , in relation to a person, means an unmarried child of the person, being a child who:
(a) has not turned 18; or
(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.
non‑citizen does not include a statutory visitor.
prescribed non‑citizen means:
(a) the holder of a valid temporary entry permit who is included in a prescribed class of persons granted temporary entry permits to enable them to enter Australia for the purpose of engaging in study or training;
(b) the holder of a valid temporary entry permit who:
(i) is the spouse or a child of a person referred to in paragraph (a); and
(ii) was granted a temporary entry permit permitting him or her to enter Australia only because he or she was the spouse or child of that person; or
(c) the holder of a valid temporary entry permit who, immediately before the grant of that temporary entry permit, was a person of the kind referred to in paragraph (b) of the definition of
exempt non‑citizen in subsection 5(1) or the spouse or dependent relative of such a person.
valid temporary entry permit does not include:
(a) a temporary entry permit granted subject to a condition set out in paragraph 11P(4)(a) or (b); or
(b) a visa that, because of section 10, has effect as if it were an entry permit, being a visa granted subject to a condition set out in paragraph 11D(4)(a) or (b).
“
An entry permit shall not be granted to a person while a deportation order is in force in respect of the person.
“
An entry permit granted to a non‑citizen stops being in force when the non‑citizen leaves Australia, and has no further force.
“
Except as provided by section 11ZL, nothing in this Division applies in relation to the grant of entry permits to statutory visitors or in relation to entry permits granted to statutory visitors.
“
“(1) The Secretary to the Attorney‑General’s Department, or an officer of that Department authorised by that Secretary, may issue a certificate in writing stating that the presence of a specified non‑citizen in Australia is required for purposes connected with the
Extradition Act 1988 or theMutual Assistance in Criminal Matters Act 1987 .“(2) Where the Minister is satisfied that a certificate is in force in relation to a person, the Minister shall grant to the person a visa with respect to travel to Australia by the person for the purposes referred to in subsection (1).
“(3) Subject to subsection (4), the Secretary to the Attorney‑General’s Department, or an officer of that Department authorised by that Secretary, may cancel a certificate under subsection (1), but only on the ground that the presence of the non‑citizen in Australia is no longer required for the purposes referred to in that subsection.
“(4) A certificate issued under subsection (1) shall not be cancelled before reasonable notice in writing has been given to the non‑citizen and the Minister.
“
“(1) Without limiting the generality of section 67, the regulations may make provision:
(a) in relation to the granting and refusal of entry permits to statutory visitors, including the granting of entry permits:
(i) subject to conditions; or
(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;
(b) for the recording and evidencing of entry permits granted to statutory visitors;
(c) in relation to the effect and operation of entry permits granted to statutory visitors; and
(d) in relation to the cancellation of entry permits granted to statutory visitors that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.
“(2) Regulations made under subsection (1) may provide for different classes of entry permits.
“
“(1) The Minister may grant an entry permit to a statutory visitor after entry into Australia if, and only if, at least one of the following paragraphs applies to the non‑citizen:
(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;
(b) the Minister has determined, in writing, that the statutory visitor has the status of refugee within the meaning of:
(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or
(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967.
“(2) The Minister shall not delegate to any person the power to grant an entry permit to a statutory visitor to whom paragraph (1)(a) applies (whether or not paragraph (1)(b) also applies to the statutory visitor).
“
“Sections 11R, 11V, 11ZC and 11ZF apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.”.
(2) A person who, immediately before the commencement of this section, was a prohibited non‑citizen:
(a) becomes an illegal entrant at that commencement;
(b) shall, after that commencement, be taken for all purposes to have become an illegal entrant because of the provision of section 6 of the
Migration Act 1958 that most closely corresponds with the provision of the Principal Act as in force before that commencement because of which the person became a prohibited non‑citizen; and(c) remains an illegal entrant until he or she stops being an illegal entrant under the
Migration Act 1958 .(3) Where the holder of an entry visa within the meaning of section 6AA of the Principal Act as in force immediately before the commencement of this section has, before that commencement, entered Australia pursuant to that section, the visa has effect, on and after the holder’s entry, for all purposes as if it were an entry permit granted subject to any conditions, and to any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.
(4) In spite of the repeal effected by subsection (1), the provisions of the Principal Act relating to the granting of visas and entry permits as in force immediately before the commencement of this section continue to have effect after that commencement for the purposes of applications for visas or entry permits made before that commencement.
(5) After the commencement of this section, the
Migration Act 1958 has effect as if:
(a) references in that Act to certificates under subsection 11ZH(1) include references to certificates under section 11AB of the Principal Act as in force before that commencement, being certificates in force immediately before that commencement; and
(b) references in that Act to visas granted under section 11ZH include references to visas granted under section 11AB of the Principal Act as in force before that commencement, being visas in force immediately before that commencement.
Section 16 of the Principal Act is repealed.
“
“(1) An illegal entrant is liable to deportation if the period of grace for the illegal entrant has ended.
“(2) Where the Minister, after following the prescribed procedures, is satisfied that a person is, under subsection (1), liable to deportation, the Minister shall, in writing, order the deportation of the person.
“(3) A deportation order made under this section may not be revoked.
“(4) A deportation order made under this section in relation to a person shall be taken to revoke any deportation order made under section 18 in relation to the person.
“
“(1) The Minister may, after considering the prescribed matters and no other matters, order the deportation of a person who is an illegal entrant under any provision of this Act.
“(2) In spite of any other provision of this Act, a deportation order made under this section shall not be executed before the period of grace for the person has ended.”.
Section 18A of the Principal Act is amended:
(a) by omitting from subsection (1) “11AB” (wherever occurring) and substituting “11ZH”;
(b) by omitting from subsection (1) “a prohibited non‑citizen” and substituting “an illegal entrant”;
(c) by omitting from subsection (3) “to the Department, or of an officer of the Department authorised by that Secretary to grant certificates under this subsection,”.
“
“(1) Where the Minister makes or has made an order for the deportation of a person who has a spouse, the Minister may, at the request of the spouse of that person, order the deportation of:
(a) the spouse; or
(b) the spouse and a dependent child or children;
of that person.
“(2) Where the Minister makes or has made an order for the deportation of a person who does not have a spouse but who does have a dependent child or children, the Minister may, at the person’s request, order the deportation of a dependent child or children of the person.”.
Section 20 of the Principal Act is amended by inserting “, after considering the prescribed matters and no other matters,” after “Minister” (second occurring).
Section 21 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
“(1) Where the Minister has ordered the deportation of a person (not being a person referred to in subsection (3A)) who:
(a) is an illegal entrant because of subsection 6(1);
(b) being a person to whom subsection 11A(1) applies because of paragraph 11A(1)(a), is an illegal entrant because of subsection 6(2); or
(c) being a person who has stopped being an exempt non‑citizen because of paragraph 5E(c), is an illegal entrant because of subsection 6(4);
the Secretary may, by notice in writing, require the master, owner, agent or charterer of the vessel in which the deportee arrived in Australia to remove the deportee from Australia without charge to the Commonwealth.”;
(b) by omitting from subsection (2) “An authorised officer” and substituting “The Secretary”;
(c) by omitting from subsection (2) “that authorised officer or another authorised officer” and substituting “the Secretary”;
(d) by omitting subsections (3) and (3A) and substituting the following subsections:
“(3) Subject to subsection (6), where the Minister has:
(a) ordered the deportation of a person under section 12; or
(b) ordered the deportation of a person who, being a person to whom subsection 11A(1) applies because of paragraph 11A(1)(b) or (d), is an illegal entrant because of subsection 6(2);
the Secretary may, by notice in writing, require the master, owner, agent or charterer of the vessel in which the deportee arrived in Australia to, provide without charge to the Commonwealth, a passage for the deportee to the place at which he or she boarded the vessel when he or she came to Australia.
“(3A) Where:
(a) a person is deemed to have entered Australia because of subsection 5(2A) or (2B); and
(b) the Minister has:
(i) ordered the deportation of the person under section 12;
(ii) ordered the deportation of the person because he or she is an illegal entrant because of subsection 6(1); or
(iii) ordered the deportation of the person because he or she, being a person to whom subsection 11A(1) applies because of paragraph 11A(1)(a), (b) or (d), is an illegal entrant because of subsection 6(2);
the Secretary may, by notice in writing, require the master, owner, agent or charterer of the installation on which the deportee arrived in Australia to provide, without charge to the Commonwealth, a passage for the deportee to a place outside Australia.”;
(e) by omitting from subsection (4) “or (3)” and substituting.”, (3) or (3A)”;
(f) by inserting in subsection (4) “or her” after “his”;
(g) by omitting from subsection (4) “$2,000” and substituting “$5,000”;
(h) by omitting from subsection (5) “he” and substituting “the defendant”;
(j) by omitting from subsection (5) “an authorised officer” and substituting “the Secretary”;
(k) by inserting in subsection (5) “or her” after “his”.
“
“(1) Subject to this section, where the Commonwealth makes arrangements for the conveyance of a deportee from a place in Australia to a place outside Australia, the deportee is liable to pay the conveyance expenses to the Commonwealth.
“(2) Where, under subsection (1), a deportee who is an accompanying spouse in relation to another deportee is liable to pay an amount to the Commonwealth, the first‑mentioned deportee and the other deportee are jointly and severally liable to pay the amount to the Commonwealth.
“(3) Where, under subsection (1), a deportee who is an accompanying child in relation to another deportee would, but for this subsection, be liable to pay an amount to the Commonwealth, the following provisions have effect:
(a) if the other deportee has a spouse and that spouse is also a deportee—the other deportee and his or her spouse, rather than the first‑mentioned deportee, are jointly and severally liable to pay the amount to the Commonwealth;
(b) if paragraph (a) does not apply in relation to the other deportee—the other deportee, rather than the first‑mentioned deportee, is liable to pay the amount to the Commonwealth.
“(4) The arrangements to which subsection (1) applies include arrangements made under section 22 but do not include arrangements made under section 21.
“(5) Without limiting the manner in which the obligation of a deportee under this section may be fulfilled, that obligation may be fulfilled in whole or in part as provided in subsection (6).
“(6) Where:
(a) the Commonwealth makes arrangements as mentioned in subsection (1) for the conveyance of a deportee to a place outside Australia; and
(b) the deportee, or another person, holds a ticket for the conveyance of the deportee from a place within Australia to a place outside Australia;
the Secretary may, on behalf of the ticket holder, and either with or without the consent of the ticket holder, arrange for the ticket to be applied for or towards the conveyance of the deportee to that
first‑mentioned place.
“(7) Arrangements for the application of a ticket made by the Secretary pursuant to subsection (6) are as effective as they would have been if they had been made by the ticket holder.
“(8) Where the Secretary arranges for a ticket to be applied for or towards the conveyance of a deportee pursuant to subsection (6):
(a) if the application of the ticket meets the conveyance expenses in full—the liability under this section in respect of the deportee shall be taken to have been discharged; and
(b) in any other case—the liability under this section in respect of the deportee shall be taken to have been discharged to the extent of the amount credited to the conveyance expenses because of the application of the ticket.
“(9) An amount payable by a deportee to the Commonwealth under this section may be recovered by the Commonwealth, as a debt due to the Commonwealth in a court of competent jurisdiction.
“(10) This section does not apply unless the deportation order is executed.
“(11) In this section:
conveyance expenses , in relation to the conveyance of a deportee from a place in Australia to a place outside Australia, means the amount of the passage money and other charges payable in respect of the conveyance.
“
“(1) Subject to this section, a deportee who is being, or who has been, kept in custody under section 38 or 39 (whether or not as a deportee) is liable to pay the Commonwealth, in respect of each custody day in relation to the deportee, an amount equal to the daily maintenance amount for the custody day.
“(2) Where, under subsection (1), a deportee who is an accompanying spouse in relation to another deportee is liable to pay an amount to the Commonwealth, the first‑mentioned deportee and the other deportee are jointly and severally liable to pay the amount to the Commonwealth.
“(3) Where, under subsection (1), a deportee who is an accompanying child in relation to another deportee would, but for this subsection, be liable to pay an amount to the Commonwealth, the following provisions have effect:
(a) if the other deportee has a spouse and that spouse is also a deportee—the other deportee and his or her spouse, rather than the first‑mentioned deportee, are jointly and severally liable to pay the amount to the Commonwealth;
(b) if paragraph (a) does not apply in relation to the other deportee—the other deportee, rather than the first‑mentioned deportee, is liable to pay the amount to the Commonwealth.
“(4) An amount is not payable to the Commonwealth under this section in respect of a custody day in relation to a deportee if another person, being a person on whom a requirement is or has been made under section 21, has paid, or is liable to pay, an amount to the Commonwealth in respect of the cost of maintaining the deportee on that day, or during a period that includes that day.
“(5) The Minister may, by notice published in the
Gazette , determine, in relation to each State and Territory, a daily maintenance amount in relation to the State or Territory.“(6) In making a determination under subsection (5) in respect of a State or Territory, the Minister shall have regard to the cost to the Commonwealth of persons kept in custody in that State or Territory on behalf of the Commonwealth.
“(7) An amount payable by a deportee to the Commonwealth under this section may be recovered by the Commonwealth, as a debt due to the Commonwealth, in a court of competent jurisdiction.
“(8) In this section:
custody day , in relation to a deportee, means a day during the whole of which the deportee is or was in custody (whether or not as a deportee) under section 38 or 39.
daily maintenance amount , in relation to a custody day in relation to a deportee, means the daily maintenance amount most recently determined by the Minister under subsection (5) before that day, in relation to the State or Territory in which the person was, on that day, in custody.
day means a period of 24 hours ending at midnight.
“
“(1) Where, on an application by the Secretary relating to property of a deportee, a court is satisfied that:
(a) the deportee is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 21A or 21B; and
(b) if the court does not make an order under this subsection there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the deportee is, or becomes, liable to pay to the Commonwealth under section 21A or 21B;
the court may make an order restraining any dealing with the property, or such part of the property as is specified in the order.
“(2) The Secretary may apply to a court for an order under subsection (1) in respect of:
(a) any of a deportee’s property that is in Australia; or
(b) specified property of a deportee that is in Australia.
“(3) Where an application is made for an order under subsection (1), the court may, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.
“(4) An order under subsection (1) has effect for the period specified in the order.
“(5) A court may rescind, vary or discharge an order made by it under this section.
“(6) A court may suspend the operation of an order made by it under this section.
“(7) An order under subsection (1) may be made subject to such conditions as the court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property to which the order relates, either or both of the following:
(a) the deportee’s reasonable living expenses (including the reasonable living expenses of the deportee’s dependants (if any));
(b) reasonable legal expenses incurred by the deportee in relation to a matter arising under this Act.
“(8) A person shall not, without reasonable excuse, contravene an order under this section.
Penalty: $5,000 or imprisonment for 2 years, or both.
“(9) In this section:
court means a court of competent jurisdiction.
deportee includes an illegal entrant.
property means real or personal property of every description, whether tangible or intangible, that is situated in Australia, and includes an interest in any such real or personal property.
“
“(1) This section applies in relation to a person who has been arrested under section 38 or 39 (in this section called
the arrested person ).“(2) Where the Secretary is satisfied that:
(a) the arrested person is an illegal entrant or a deportee;
(b) the arrested person is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 21A or 21B; and
(c) if the Secretary does not give a notice under this section there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 21A or 21B;
the Secretary may, in writing, notify the arrested person that his or her valuables are liable to be taken under this section.
“(3) Where the Secretary gives a notice under subsection (2), subsections (4) to (13) apply.
“(4) The Secretary shall cause a copy of the notice to be served on the arrested person as prescribed.
“(5) At any time after a copy of the notice has been served on the arrested person and while the notice remains in force, the Secretary may take possession of any valuables that the Secretary believes, on reasonable grounds, to belong to the arrested person.
“(6) A copy of the notice may be served on:
(a) any bank;
(b) any other financial institution; or
(c) any other person.
“(7) A bank or other financial institution served with a copy of the notice shall not, while the notice remains in force, without the written consent of the Secretary, process any transaction attempted in relation to any account held by the arrested person, whether alone or jointly with another person or other persons, and whether for his or her own benefit or as a trustee.
Penalty: $5,000 or imprisonment for 2 years, or both.
“(8) Where a copy of the notice is served on a person, not being a bank or other financial institution, who owes a debt to the arrested person, that first‑mentioned person shall not, while the notice remains in force, without the written consent of the Secretary, make any payment to the arrested person in respect of that debt.
Penalty: $5,000 or imprisonment for 2 years, or both.
“(9) The notice stops being in force at the end of the third working day after it is given unless, before the end of that day, the Secretary has applied to a court for an order confirming the notice.
“(10) A court shall, on application by the Secretary, confirm the notice if and only if it is satisfied:
(a) that the arrested person is an illegal entrant or a deportee;
(b) that the arrested person is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 21A or 21B; and
(c) that, if the court does not confirm the notice, there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 21A or 21B.
“(2) The Registrar, the Deputy Registrars and the other officers of the Tribunal shall be appointed by the Minister.
“(3) The officers of the Tribunal have:
(a) such duties, powers and functions as are provided by this Act and the regulations; and
(b) such other duties and functions as the Principal Member directs.
“(4) The Registrar, the Deputy Registrar and the other officers of the Tribunal shall be persons appointed or employed under the
Public Service Act 1922 .
“
“(1) The Minister may appoint a person appointed or employed under the
Public Service Act 1922 to act in a Tribunal office:
(a) during a vacancy in the office; or
(b) during a period when the holder of the office is absent from duty.
“(2) In this section:
Tribunal office means the office of Registrar of the Tribunal, an office of Deputy Registrar of the Tribunal or the office of any other officer of the Tribunal appointed under section 64ZY.”.
“
A person shall not obstruct, hinder, deceive or mislead any person exercising powers or performing duties under or for the purposes of this Act or the regulations.
Penalty: $1,000 or imprisonment for 6 months.”.
Section 66 of the Principal Act is repealed.
Section 66A of the Principal Act is amended by omitting from subsection (3) “or (1A)” and substituting “, (1A) or (1B)”.
“
“(1) Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, servant or agent had the state of mind.
“(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
“(3) Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
(b) that the servant or agent had the state of mind.
“(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
“(5) Where:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for that offence.
“(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
“(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.
“(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.”.
“
The Minister may, in writing, approve a form for the purposes of a provision of this Act in which the expression
approved form is used.
“
“(1) The Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act.
“(2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary’s powers under this Act.
“
“(1) Where the Minister delegates the power to grant visas or entry permits, the delegation shall not be taken to require the delegate personally to perform any task in connection with the granting of visas or entry permits except the taking of a decision in each case whether a visa or entry permit should be granted.
“(2) Nothing in subsection (1) shall be taken to imply that:
(a) a person on whom a power is conferred by or under this or any other Act; or
(b) a delegate of such a person;
is required personally to perform all administrative and clerical tasks connected with the exercise of the power.
“
“(1) The powers conferred by or under this Act shall be exercised in accordance with any applicable regulations under this Act.
“(2) Where a power under this Act is to be exercised on application by a person, the person exercising the power:
(a) is entitled to exercise that power on the basis of the information contained in the application only; but
(b) may, at his or her own option, obtain other relevant information and may have regard to that other information for the purpose of exercising the power.
“(3) For the purposes of subsection (2), information shall be taken to be contained in an application if, and only if:
(a) the application was made in the approved form and was duly lodged in accordance with the regulations; and
(b) the information was set out in that approved form or in a document that was attached to the application when it was so lodged.
“(4) Nothing in this section shall be taken to limit the operation of subsection 11E(4).
“
“(1) A person or body having functions or powers under this Act shall perform those functions, and exercise those powers, in accordance with such general directions (if any) as are given to the person or body by the Minister in writing.
“(2) Subsection (1) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.
“(3) The Minister shall cause a copy of any direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given.”.
Section 66E of the Principal Act is amended:
(a) by omitting from subsection (1) “or 48”;
(b) by omitting from subsection (2) “in relation to a decision under section 12”.
Section 67 of the Principal Act is amended:
(aa) by omitting from subsection (1) “in particular—” and substituting “without limiting the generality of the foregoing, may make regulations:”;
(a) by omitting paragraph (1)(a) and substituting the following paragraph:
“(a) making provision for and in relation to:
(i) the charging and recovery of fees in respect of any matter under this Act or the regulations, including the fees payable in connection with the review of decisions made under this Act or the regulations, whether or not such review is provided for by or under this Act; or
(ii) the charging and recovery of fees in respect of English language tests conducted by or on behalf of the Department;”.
(b) by inserting after subparagraph (1)(ab)(ii) the following word and subparagraph:
“and (iii) persons on board an aircraft arriving at or departing from an airport in Australia, being an aircraft operated by an international air carrier;”;
(c) by inserting after paragraph (1)(ab) the following paragraphs:
“(ac) making provision for and in relation to the use that may be made by persons or bodies other than officers of the Department of information collected pursuant to regulations made under paragraph (ab);
(ad) making provision for and in relation to:
(i) the giving of documents to;
(ii) the lodging of documents with; or
(iii) the service of documents on;
the Minister, the Secretary or any other person or body, for the purposes of this Act;
(ae) specifying the procedures to be followed:
(i) in determining whether an illegal entrant is liable to deportation for the purposes of section 17A; or
(ii) in establishing the prescribed matters for the purposes of section 18, 20 or 31A;”.
(ca) by omitting from paragraph (1)(ca) “11C” and substituting “26A”;
(d) by inserting after subsection (1) the following subsection:
“(1A) The regulations that may be made under paragraph (1)(ad) include, but are not limited to, regulations providing that a document given to, or served on, a person in a specified way shall be taken for all purposes of this Act and the regulations to have been received by the person at a specified or ascertainable time.”;
(e) by inserting after subsection (2) the following subsections:
“(2A) An assurance of support given, after the commencement of this subsection, in accordance with regulations under paragraph (1)(c) continues to have effect, and may be enforced, in accordance with such regulations in spite of any change in circumstances whatsoever.
“(2B) In this section:
international air carrier means an air transport enterprise that operates an air service between Australia and a place outside Australia.”;
(f) by omitting subsections (3) and (4).
The Principal Act is further amended as set out in Schedules 1, 2, 3, 4 and 5.
(1) In this section:
amended Act means theMigration Act 1958 as amended by this Act (other than this section).
provision includes a paragraph of a section or of a subsection, a subparagraph of a paragraph and a Schedule.
(2) The amended Act is further amended as provided by this section.
(3) The several Parts of the amended Act are renumbered so that they bear consecutive arabic numerals starting with “1”.
(4) The several Divisions of each Part of the amended Act are renumbered so that they bear consecutive arabic numerals starting with “1”.
(5) The several sections of the amended Act are renumbered in a single series so that they bear consecutive arabic numerals starting with “1”.
(6) The several subsections of each section of the amended Act are renumbered so that they bear consecutive arabic numerals enclosed in brackets starting with “(1)”.
(7) The several paragraphs of each section, of each subsection, or of each definition, of the amended Act are re‑lettered so that they bear lower case letters in alphabetical order enclosed in brackets starting with “(a)” but omitting “(i)” and “(1)”.
(8) The several subparagraphs of each paragraph of each section, of each paragraph of each subsection, or of each paragraph of each definition, of the amended Act are renumbered so that they bear consecutive lower case roman numerals enclosed in brackets starting with “(i)”.
(9) Each provision of the amended Act that refers to a provision of that Act that has been renumbered or re‑lettered under this section is amended by omitting the reference and substituting a reference to the last‑mentioned provision as so renumbered or re‑lettered.
(10) A reference in a provision of a law of the Commonwealth or of a Territory enacted before the commencement of this section (whether or not that provision has come into operation), or in an instrument or document, to a provision of the
Migration Act 1958 that has been renumbered or re‑lettered under this section shall be construed as a reference to that provision as so renumbered or re‑lettered.
In this Part,
Principal Act means theMigration Amendment Act (No. 2) 198 0.
Section 11 of the Principal Act is repealed.
The Acts specified in Schedule 6 are amended as set out in that Schedule.
Section 35
Omit “$1,000”, substitute “$5,000”.
Omit “$500”, substitute “$2,000”.
Omit “$500”, substitute “$2,000”.
Omit “$500”, substitute “$2,000”.
Omit “$500”, substitute “$2,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$2,000”, substitute “$5,000”.
Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”.
Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”.
Omit “$2,000”, substitute “$10,000”.
Omit “$2,000”, substitute “$10,000”.
Omit “$2,000”, substitute “$10,000”.
Omit “$2,000”, substitute “$10,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$2,000”, substitute “$5,000”.
Omit “$1,000”, substitute “$5,000”.
Omit “$2,000”, substitute “$10,000”.
Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”.
Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”.
Section 35
(a) Omit “him”, substitute “the person”.
(b) Omit “he”, substitute “the person”.
Insert “or she” after “he”.
Insert “or she” after “he” (wherever occurring).
Omit “he” (last occurring), substitute “the person”.
Insert “or she” after “he”.
(a) Omit “he” (first occurring), substitute “the person”.
(b) Insert “or she” after “he” (second and third occurring).
(c) Insert “or her” after “his”.
Omit “he”, substitute “the person”.
(a) Omit “he” (second last occurring), substitute “the person”.
(b) Insert “or she” after “he” (last occurring).
(a) Omit “he” (first occurring), substitute “the Minister”.
(b) Insert “or she” after “he” (second occurring).
(c) Insert “or her” after “him”.
(d) Insert “or her” after “his”.
Insert “or her” after “his”.
Insert “or she” after “he”.
(a) Insert “or she” after “he” (wherever occurring).
(b) Insert “or herself” after “himself”.
Insert “or her” after “or his”.
Insert “or she” after “he”.
Insert “or her” after “him”.
Insert “or she” after “he”.
Omit the paragraph, substitute the following paragraph:
“(c) the deportee was, when he or she came to Australia, the spouse of, and in the company of, the holder of a passport so endorsed in which the deportee was named as the spouse of the holder; or”.
(a) Insert “or she” after “he” (first occurring).
(b) Omit “he” (last occurring), substitute “the deportee”.
Omit “he”, substitute “that person”.
Insert “or she” after “he”.
Insert “or her” after “his”.
Insert “or her” after “him”.
Insert “or her” after “his”.
Insert “or her” after “him”.
(a) Omit “he”, substitute “the Minister”.
(b) Insert “or her” after “his”.
Insert “or her” after “his”.
Omit the paragraph, substitute the following paragraph:
“(a) a person:
(i) enters Australia from a vessel; and
(ii) because he or she is not the holder of a valid entry permit, becomes upon entry an illegal entrant;”.
Omit “him”, substitute “the stowaway”.
Omit “his”.
Omit the paragraph, substitute the following paragraph:
“(a) aid or incite another person to enter or remain in Australia in circumstances in which the other person would become an illegal entrant;”.
Omit “by reason only of that he”, substitute “merely because the person”.
Insert “or herself” after “himself” (wherever occurring).
Omit “his”, substitute “the person’s”.
Omit the subsection, substitute the following subsection:
“(2) A person shall not transfer or part with possession of a document:
(a) with intent that the document be used to help a person, being a person not entitled to use it, to gain entry, or to remain in, Australia; or
(b) where the person has reason to suspect that the document may be so used.”.
Omit “his”, substitute “the”.
Omit “his”, substitute “the”.
Omit “his”, substitute “the”.
Omit “his”, substitute “the”.
Insert “or she” after “he”.
(a) Omit “he”, substitute “the Minister”.
(b) Insert “or her” after “his”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Omit “he” (wherever occurring), substitute “the person”.
Omit “he” (wherever occurring), substitute “the person”.
Omit “he” (wherever occurring), substitute “the person”.
Omit “he”, substitute “the person”.
Insert “or her” after “his”.
(a) Insert “or her” after “him”.
(b) Omit “he”, substitute “the defendant”.
(c) Insert “or her” after “his”.
Insert “or she” after “he” (wherever occurring).
Omit “by reason only of his having been”, substitute “merely because he or she was”.
(a) Insert “or she” after “he” (first occurring).
(b) Omit “he” (second occurring), substitute “the person”.
(a) Insert “or her” after “him” (wherever occurring).
(b) Omit “he” (wherever occurring), substitute “the officer”.
Insert “or her” after “his”.
Insert “or her” after “his”.
Omit “he”, substitute “the arrested person”.
(a) Omit “he”, substitute “the prescribed authority”.
(b) Insert “or her” after “his”.
Insert “or she” after “he”.
(a) Insert “or she” after “he” (wherever occurring).
(b) Insert “or herself” after “himself”.
(a) Insert “or her” after “his” (wherever occurring).
(b) Insert “or her” after “him”.
Omit “he”, substitute “the officer”.
Insert “or she” after “he”.
Insert “or her” after “him”.
Omit “his”, substitute “the person’s”.
(a) Omit “she”, substitute “it”.
(b) Omit “her” (wherever occurring), substitute “it”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Insert “or she” after “he”.
Insert “or she” after “he” (wherever occurring).
Insert “or she” after “he”.
Insert “or she” after “he”.
(a) Insert “or she” after “he”.
(b) Insert “or her” after “him”.
(a) Insert “or her” after “his” (wherever occurring).
(b) Omit “he”, substitute “the person”.
Insert “or her” after “him”.
(a) Insert “or her” after “him” (wherever occurring).
(b) Omit “his”, substitute “the person’s”.
Omit “his”, substitute “the”.
Section 35
(a) Omit “an authorised officer”, substitute “the Secretary”.
(b) Omit “the authorised officer”, substitute “the Secretary”.
Omit “An officer”, substitute “The Secretary”.
Omit “An authorised officer”, substitute “The Secretary”.
Omit “to the Department”.
Omit “the Minister or to an officer” (wherever occurring), substitute “an officer or a person exercising powers or performing functions under this Act”.
Omit the subsection.
Omit “an authorised officer”, substitute “the Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Omit “An authorised officer”, substitute “The Secretary”.
Omit “An authorised officer”, substitute “The Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Omit the subsection, substitute the following subsection:
“(1) The Secretary may, in writing, direct an officer to detain a vessel where, in the Secretary’s opinion, the master, owner, agent or charterer of the vessel has been guilty of an offence against this Act.”.
Omit “authorised officer”, substitute “Secretary”.
Omit “authorised officer”, substitute “Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Omit “an authorised officer”, substitute “the Secretary”.
Section 35
Omit the subsection, substitute the following subsection:
“(2) In section 12 and subsection 13(1):
permanent resident means a person (including an Australian citizen) whose continued presence in Australia is not subject to any limitation as to time imposed by law, but does not include:
(a) in relation to any period before 2 April 1984—a person who was, during that period, a prohibited immigrant within the meaning of this Act as in force at that time;
(b) in relation to any period starting on or after 2 April 1984 and ending before the commencement of this subsection—a person who was, during that, period a prohibited non‑citizen within the meaning of this Act as in force at that time; or
(c) in relation to any period after the commencement of this subsection—a person who is, during that period, an illegal entrant.”.
Omit the paragraph, substitute the following paragraph:
“(b) a member of the crew of a vessel referred to in paragraph (d) of the definition of
exempt non‑citizen in subsection 5(1) becomes an illegal entrant because of the operation of paragraph 5E(c) or (d); or “.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
(a) Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
(b) Omit “the prohibited non‑citizen”, substitute “the illegal entrant”.
Omit “a prohibited non‑citizen” (wherever occurring), substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “or”.
Omit the subparagraph, substitute the following subparagraphs:
“(ii) would have become a prohibited non‑citizen within the meaning of this Act as in force from time to time after the commencement of the
Migration Amendment Act 1983 but before the commencement of section 4 of theMigration Legislation Amendment Act 1989 ; or(iii) would have become, or would become, an illegal entrant; or”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Omit “prohibited non‑citizens”, substitute “illegal entrants”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Section 35
Subsection 5(1) (definition of pre‑cleared flight): Omit “subsection 6AA(6)”, substitute “section 11”.
Subsection 5(1) (definition of statutory visitor): Omit “11AB”, substitute “11ZH”.
Omit “, by instrument under the hand of the Minister, from the requirements of Division 1A, “, substitute “under subsection 53A(1) from the operation of section 26A,”.
Omit “an”, substitute “a valid”.
Omit “38(1)”, substitute “38(1A)”.
Section 38
Omit “the
Migration Amendment Act 1983 comes into operation”, substitute “section 4 of theMigration Legislation Amendment Act 1989 commences”.
Subsection 5(1) (definition of prohibited immigrant ): Omit “the prescribed date”, substitute “2 April 1984”.
Subsection 5(1) (definition of prohibited non‑citizen ): Omit “the prescribed date”, substitute “2 April 1984 but before the prescribed date”.
Subsection 5(1) (definitions of entry permit and visa ): Omit the definitions.
Insert the following definitions:
“
illegal entrant means an illegal entrant within the meaning of theMigration Act 1958 as in force from time to time on or after the prescribed date.
valid entry permit has the same meaning as in theMigration Act 1958 .
valid permanent entry permit has the same meaning as in theMigration Act 1958 .
valid visa has the same meaning as in theMigration Act 1958 ;”.
Omit “the prescribed date”, substitute “2 April 1984”.
Omit “the prescribed date”, substitute “2 April 1984 and before the prescribed date”.
Insert the following paragraph:
“(ba) in relation to a period on or after the prescribed date during which the person was present in Australia (other than a prescribed Territory), if:
(i) the person’s continued presence in Australia (other than a prescribed Territory) was not during that period, subject to any limitation as to time imposed by law;
(ii) the person was not, during that period, an illegal entrant; and
(iii) the person was not, during that period, a person who, if an event of the kind referred to in paragraph 5E(a), (b), (c), (d), (e) or (g) of the
Migration Act 1958 as in force from time to time during that period had occurred, would have become an illegal entrant because of subsection 6(4) of that Act as so in force or, in a case where he or she was such a person, he or she was, during that period, a person to whom a declaration in force under subsection (2) applies;”.
Omit “a visa”, substitute “a valid visa”.
(a) Omit “the prescribed date”, substitute “2 April 1984”.
(b) Omit “or”.
Omit “the prescribed date” substitute “2 April 1984 but before the prescribed date”.
Insert the following word and paragraph:
“; or (c) if an event of the kind referred to in paragraph 5E(e) of the
Migration Act 1958 , as in force from time to time on or after the prescribed date, had occurred, would have become illegal entrants because of subsection 6(4) of that Act as so in force;”.
Omit “a visa granted under section 11AB of the
Migration Act 1958 ”, substitute “a statutory visitor’s visa”.
Omit the paragraph, substitute the following paragraph:
“(b) the person is not the holder of a valid permanent entry permit.”.
Add at the end the following subsection:
“(6) In this section:
statutory visitor’s visa means:
(a) a visa granted before the prescribed date under section 11AB of the
Migration Act 1958 as in force from time to time before the prescribed date; or(b) a visa granted on or after the prescribed date under section 11ZH of the
Migration Act 1958 as in force from time to time on or after the prescribed date.”.
Omit the subsection, substitute the following subsection:
“(6) A reference in this section to a permanent resident does not include a reference to a person who is, for the purposes of the
Migration Act 1958 , an exempt non‑citizen.”.
Insert “as an illegal entrant,” after “non‑citizen,”.
Insert “as an illegal entrant,” after “non‑citizen,”.
Insert “, as an illegal entrant” after “non‑citizen”.
Insert “37A,” after “sections”.
Omit the paragraph, substitute the following paragraph:
“(c) a person referred to in paragraph (b) of the definition of
exempt non‑citizen in subsection 5(1) of theMigration Act 1958 ;”.
Omit the paragraphs, substitute the following paragraphs:
“(b) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid permanent entry permit;“(c) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the
Migration Act 1958 ; or“(d) a person who is, for the purposes of the
Migration Act 1958 , an exempt non‑citizen, being a person who the Secretary is satisfied is likely to remain in Australia.”.
Subsection 3(1) (paragraph (b) of the definition of Australian resident ): Omit the paragraph, substitute the following paragraphs:
“(b) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid permanent entry permit;(ba) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the
Migration Act 1958 ;”.
Subsection 3(1) (subparagraph (e)(i) of the definition of Australian resident ): Omit the subparagraph, substitute the following subparagraph:
“(i) is, within the meaning of the
Migration Act 1958 , the holder of a valid temporary entry permit; and”.
Subsection 3(1) (subparagraph (e)(vi) of the definition of Australian resident ): Omit “under the
Migration Act 1958 ”, substitute “within the meaning of section 11ZD of theMigration Act 1958 ”.
Omit the paragraph, substitute the following paragraph:
“(a) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid temporary entry permit; or”.
Subsection 3(1) (paragraphs (b) and (c) of the definition of Australian resident ): Omit the paragraphs, substitute the following paragraphs:
“(b) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid permanent entry permit;(c) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under the
Migration Act 1958 ; or(d) a person who is, for the purposes of the
Migration Act 1958 , an exempt non‑citizen, being a person who is likely to remain permanently in Australia;”.
Omit “a prohibited non‑citizen”, substitute “an illegal entrant”.
Subsection 35(1) (paragraphs (b) and (c) of the definition of Australian resident ): Omit the paragraphs, substitute the following paragraphs:
“(b) a person who is, within the meaning of the
Migration Act 1958 , the holder of a valid permanent entry permit;(c) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under the
Migration Act 1958 ; or(d) a person who is, for the purposes of the
Migration Act 1958 , an exempt non‑citizen, being a person who is likely to remain permanently in Australia;”.
On the day on which this Act receives the Royal Assent:
(a) the heading to section 30 of the
Migration Act 1958 is altered by omitting “prohibited non‑citizens” and substituting “illegal entrants”.(b) the heading to section 35 of the
Migration Act 1958 is altered by omitting “Prohibited non‑citizens, &c.,” and substituting “Prohibited entrants etc.”.(c) the heading to section 36A of the
Migration Act 1958 is altered by omitting “non‑citizen” and substituting “entrant”.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
59, 1989 | 19 June 1989 | Ss. 1 and 2: Royal Assent Part 3 (ss. 36, 37): 19 June 1990
S. 27: 1 July 1989 ( S. 35: 20 Dec 1989 Remainder: 19 Dec 1989 | ||
159, 1989 | 18 Dec 1989 | S. 4: 19 Dec 1989 (
Remainder: | — | |
180, 1989 | 28 Dec 1989 | — |
(a) Subsection 2(1) of theMigration Legislation Amendment (Consequential Amendments) Act 1989 provides as follows:
(1) This Act, other than section 4, commences immediately before the commencement of section 4 of the
Migration Legislation Amendment Act 1989 .Section 4 commenced on 19 December 1989.
(b) Subsection 2(1) of theMigration Legislation Amendment Act (No. 2) 1989 provides as follows:
(1) This Act commences, or is to be taken to have commenced, as the case requires, immediately before the commencement of section 26 of the Principal Act.
Section 26 commenced on 19 December 1989.
am. = amended rep. = repealed rs. = repealed and substituted | ||
Provision affected | How affected | |
Ss. 4‑6....................................... | am.No. 159, 1989 | |
S. 8............................................ | am. No. 159, 1989 | |
S. 10........................................... | am. No. 159, 1989 | |
S. 10A........................................ | ad. No. 159, 1989 | |
Ss. 15‑17................................... | am. No. 159, 1989 | |
S. 19........................................... | am. No. 159, 1989 | |
S. 24........................................... | am. No. 159, 1989 | |
S. 26........................................... | am. No. 180, 1989 | |
S. 29A........................................ | ad. No. 159, 1989 | |
S. 33........................................... | am. No. 159, 1989 | |
Schedule 2................................. | am. No. 159, 1989 | |
0
0
0