Migration Legislation Amendment Act 1994
No. 60 of 1994
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENTS OF THE MIGRATION ACT 1958
3. Principal Act
4. Interpretation
5. Lawful non-citizens
6. Effect of cancellation of visa on status
7. Classes of visas
8. Insertion of new sections:
26AA. Special purpose visas
26AB. Absorbed person visas
26AC. Ex-citizen visas
9. Protection visas
10. Bridging visas
11. Circumstances for granting visas
12. Conditions on visas
13. Visa essential for travel
TABLE OF PROVISIONS—continued
Section
14. Visa holders must usually enter at a port
15. Application for visa
16. Valid visa application
17. Consideration of valid visa application
18. Repeal of section and substitution of new section:
26P. Non-citizen refused a visa or whose visa cancelled may only apply for particular visas
19. Withdrawal of visa application
20. Communication of applicant or interested person with Minister
21. Communication of Minister with applicant
22. Repeal of section and substitution of new section:
26V. Minister must have regard to all information in application
23. Repeal of section and substitution of new section:
26Y. Certain information must be given to applicant
24. Invitation to give further information or comments
25. When decision about visa may be made
26. Insertion of new section:
26ZEA. Notice of assessment
27. Omission of heading and substitution of new heading:
Subdivision AC—Grant of visas
28. Decision to grant or refuse to grant visa
29. Notification of decision
30. Effect of compliance or non-compliance
31. Omission of heading
32. Repeal of section
33. When visa is in effect
34. Repeal of section and substitution of new section:
26ZN. Interpretation
35. Repeal of section and substitution of new sections:
26ZP. Further applications for bridging visa
26ZPA. When eligible non-citizen in immigration detention granted visa
36. Visas held during visa period
37. Children born in Australia
38. Repeal of section and substitution of new section:
26ZU. Certain persons taken not to leave Australia
39. When visas cease to be in effect
40. Changes in circumstances to be notified
41. Notice of incorrect applications
42. Cancellation of visa if information incorrect
43. Repeal of section and substitution of new section:
50AD. Cancellation powers do not limit or affect each other
44. Repeal of section and substitution of new section:
50AF. Certain information must be given to visa holder
45. Notice of cancellation
46. Effect of revocation of cancellation
47. Cancellation of visa results in other cancellation
48. Delegation by Attorney-General
49. Removal or deportation not contempt etc. if no stay certificate or warrant
50. Insertion of new section:
54HAA. Officer not liable—criminal justice stay certificates or warrants
51. Persons entering to give certain evidence of identity etc.
52. Immigration clearance
TABLE OF PROVISIONS—continued
Section
53. Non-compliance with immigration clearance basis of detention
54. End of certain detention
55. Repeal of section and substitution of new section:
54ZA. Sections do not apply
56. Removal from Australia of unlawful non-citizens
57. Deportation of non-citizens in Australia for less…
Overview
The Migration Legislation Amendment Act 1994, No. 60 of 1994, was enacted by the Parliament of Australia to amend the Migration Act 1958 and related Acts. This legislation aimed to address gaps and issues within the existing framework of Australia's migration laws, focusing on streamlining visa processes, clarifying definitions, and enhancing the administrative efficiency of the immigration system. The Act introduced several new types of visas, such as special purpose visas and absorbed person visas, and made significant changes to the conditions and procedures for visa applications, processing, and enforcement, including provisions for the detention and deportation of non-citizens. The policy objective behind these amendments was to strengthen Australia's immigration control mechanisms, ensuring they are effectively enforced while providing clarity and fairness in the treatment of visa applicants and holders.
Scope and Application
The Migration Legislation Amendment Act 1994 amends the Migration Act 1958, and related Acts, to update and refine Australia's immigration laws. This legislation applies to non-citizens and other persons, entities, and conduct relating to immigration and visa processes. The Act's reach extends across Commonwealth, state, and territory jurisdictions, with its primary application being at the Commonwealth level. The Act includes provisions for various visa classes, including special purpose visas, absorbed person visas, and ex-citizen visas, and it alters the conditions under which visas can be granted, refused, or cancelled. Exemptions and exclusions from certain provisions are defined, and the Act may be further extended or restricted through subordinate instruments such as regulations. Notably, the Act introduces new definitions and modifies existing ones to align with contemporary immigration practices, and it provides for the renumbering and relettering of sections and subsections within the Migration Act 1958 to enhance clarity and coherence.
Key Provisions
- The Migration Legislation Amendment Act 1994 introduces significant changes to the Migration Act 1958, primarily through the insertion of new sections and the amendment of existing provisions. It introduces new types of visas such as special purpose visas, absorbed person visas, and ex-citizen visas. The Act also modifies the criteria for visa grant, conditions on visas, and the process for reviewing visa applications. Additionally, it includes provisions for the cancellation of visas, including specific notices that must be given to visa holders and applicants.
- The Act imposes various obligations on applicants and visa holders, such as the requirement to provide all relevant information to the Minister when applying for a visa, the need to have a visa in effect to travel to and enter Australia, and the requirement for certain non-citizens to comply with immigration clearance. It also outlines specific conditions under which non-compliance with immigration clearance may lead to detention.
- Offences under the Act, such as entering Australia without a valid visa or failing to provide required documentation, carry civil penalties, including fines and imprisonment. For example, the Act prescribes a penalty of 100 penalty units for failing to provide evidence of a visa when entering Australia. The Act also allows for the cancellation of visas under certain circumstances, such as incorrect information or failure to meet visa conditions. These actions can result in the removal or deportation of non-citizens from Australia, with specific provisions for notifying detainees of their rights and the reasons for their detention.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Transitional Provisions
- Civil Penalty Provisions
- Licensing & Registration
- Enforcement Powers