Explanatory Statement
Issued by the Authority of the Minister for Immigration and Citizenship
Migration Legislation Amendment Act (No. 1) 2008
Proclamation
Schedule 4 to the Migration Legislation Amendment Act (No. 1) 2008 (‘the Amendment Act’) provides for miscellaneous amendments to the Migration Act 1958 (‘the Act’).
In particular:
- Item 5 of Schedule 4 to the Amendment Act inserts new section 501HA into the Act, to clarify that where a transitional (permanent) visa or a transitional (temporary) visa is taken to be held by a non-citizen under the Migration Reform (Transitional Provisions) Regulations, that person is taken for the purposes of sections 501 to 501H of the Act to have been ‘granted’ that visa.
- Subitem 6(3) of Schedule 4 to the Amendment Act provides that the amendment made by item 5 of that Schedule applies in respect of a decision to cancel a visa that is made under the Act on or after the day on which item 5 commences.
- Item 7 of Schedule 4 to the Amendment Act provides that to avoid doubt, any decision made or purported to be made to cancel a transitional (permanent) visa or transitional (temporary) visa under sections 501, 501A, 501B, 501C or 501F of the Act (as in force at any time on or after 1 September 1994 and before the day on which item 7 commences) is valid and is taken to have always been valid as if the transitional visa had been granted.
Item 6 of the table in subsection 2(1) of the Amendment Act provides that Schedule 4 to the Amendment Act commences on a day to be fixed by Proclamation. If any of the provision(s) do not commence within the period of six months beginning on the day on which the Amendment Act receives the Royal Assent, they commence on the first day after the end of that six month period. The Amendment Act has received the Royal Assent.
The Proclamation fixes 19 September 2008 as the day on which item 5, subitem 6(3) and item 7 of Schedule 4 to the Amendment Act commences.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.