Migration Legislation Amendment (Integrity of Regional Migration Schemes) Act 2001
No. 33, 2001
Migration Legislation Amendment (Integrity of Regional Migration Schemes) Act 2001
No. 33, 2001
An Act to amend the law relating to migration, and for related purposes
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
4 Application provision............................
Schedule 1—Amendments
Migration Act 1958
Migration Legislation Amendment (Integrity of Regional Migration Schemes) Act 2001
No. 33, 2001
An Act to amend the law relating to migration, and for related purposes
[Assented to 28 April 2001]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Integrity of Regional Migration Schemes) Act 2001.
2 Commencement
(1) Subject to this section, this Act (other than item 4 of Schedule 1) commences on a day to be fixed by Proclamation.
(2) If this Act (other than item 4 of Schedule 1) does not commence under subsection (1) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(3) Item 4 of Schedule 1 commences at the later of the following times:
(a) immediately after the commencement of item 3 of Schedule 1;
(b) the commencement of Parts 4 to 10 of the Act that establishes the Administrative Review Tribunal.
Note: The short title of the Act that establishes the Administrative Review Tribunal is either the Administrative Review Tribunal Act 2000 or the Administrative Review Tribunal Act 2001.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Application provision
The amendment made by item 3 of Schedule 1 applies to regional sponsored employment visas granted after the commencement of this section, as a result of applications made after the commencement of this section.
Schedule 1—Amendments
Migration Act 1958
1 Subparagraph 48(1)(b)(ii)
Omit “or 137J (student visas)”, substitute “, 137J (student visas) or 137Q (regional sponsored employment visas)”.
2 After paragraph 118(d)
Insert:
(da) section 137Q (cancellation of regional sponsored employment visas); or
3 Before Subdivision H of Division 3 of Part 2
Insert:
Subdivision GC—Cancellation of regional sponsored employment visas
137Q Cancellation of regional sponsored employment visas
Employment does not commence
(1) The Minister may cancel a regional sponsored employment visa held by a person if:
(a) the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and
(b) the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.
Employment terminates within 2 years
(2) The Minister may cancel a regional sponsored employment visa held by a person if:
(a) the Minister is satisfied that:
(i) the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and
(ii) the employment terminated within the period (the required employment period) of 2 years starting on the day the person commenced that employment; and
(b) the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.
Regional sponsored employment visa
(3) In this section:
regional sponsored employment visa means a visa of a kind that:
(a) is included in a class of visas that has the words “Employer Nomination” in its title; and
(b) is prescribed by the regulations for the purposes of this definition.
137R Representations concerning cancellation etc.
(1) Before cancelling a person’s visa under section 137Q, the Minister must give the person a written notice:
(a) stating that the Minister proposes to cancel the visa; and
(b) inviting the person to make representations to the Minister concerning the proposed cancellation within:
(i) if the notice is given in Australia—28 days after the notice is given; or
(ii) if the notice is given outside Australia—70 days after the notice is given.
(2) The Minister must consider any representations received within that period.
(3) If the Minister decides not to proceed with the cancellation, the Minister must give the person written notice of the decision.
137S Notice of cancellation
(1) If the Minister decides to cancel a person’s visa under section 137Q, he or she must give the person written notice of the decision. The notice must:
(a) specify the reasons for the cancellation; and
(b) state whether or not the decision to cancel the visa is reviewable under Part 5; and
(c) if the decision to cancel the visa is reviewable under Part 5—state the period within which an application for review can be made, who can apply for the review and where the application for review can be made.
(2) Failure to give notice of the decision does not affect the validity of the decision.
137T Cancellation of other visas
(1) If a person’s visa is cancelled under section 137Q, a visa held by another person because of being a member of the family unit of the person is also cancelled.
(2) The cancellation under subsection (1) of this section is set aside if the cancellation of the person’s visa under section 137Q is set aside under Part 5.
(3) In this section:
member of the family unit has the meaning given by the regulations.
4 Section 137S
Repeal the section, substitute:
137S Notice of cancellation
(1) If the Minister decides to cancel a person’s visa under section 137Q, he or she must give the person written notice of the decision. The notice must specify the reasons for the cancellation.
Note: If the decision is reviewable under Part 5, notification of the decision must include information about review rights: see section 340.
(2) Failure to give notice of the decision does not affect the validity of the decision.
[Minister’s second reading speech made in—
House of Representatives on 29 November 2000
Senate on 27 March 2001]
(191/00)