MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994
MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - TABLE OF PROVISIONS
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 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 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
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56. Removal from Australia of unlawful non-citizens 57. Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes 58. Deportation of non-citizens upon security grounds 59. Determination of time for sections 55 and 56 60. Insertion of new section: 66GA. Vessels required to convey certain removees 61. Vessels required to convey deportees or other removees 62. Carriage of non-citizens to Australia without documentation 63. Removees and deportees held in other custody 64. Repeal of section 65. Secretary may issue documents containing information concerning certain persons 66. Interpretation 67. Internally-reviewable decisions 68. Application for internal review 69. Insertion of new section: 115DA. Code of procedure applies to review officer 70. Notification of decision 71. Review of assessments made under section 30 72. Decisions reviewable by Immigration Review Tribunal 73. Application for review by Immigration Review Tribunal 74. Review of assessments made under section 30 75. Secretary to be notified of application for review by Immigration Review Tribunal 76. Applicant may request Tribunal to call witness 77. Insertion of new section: 131A. Applicant may request Tribunal to call witnesses 78. Review to be in public 79. Insertion of new sections: 134A. Oral evidence by telephone etc. 134B. Certain decisions to be made within prescribed period 80. Delegate not required to perform certain administrative tasks 81. Exclusion of certain persons from Australia 82. Other amendments of the Migration Act 1958 83. Renumbering and relettering of the Migration Act 1958 PART 3-AMENDMENTS OF OTHER ACTS 84. Amendments of the Migration Reform Act 1992 85. Amendments of other Acts SCHEDULE 1 OTHER AMENDMENTS OF THE MIGRATION ACT 1958 SCHEDULE 2 AMENDMENTS OF THE MIGRATION REFORM ACT 1992 SCHEDULE 3 AMENDMENTS OF OTHER ACTS PART 1-AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP ACT 1948 PART 2-AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918 PART 3-AMENDMENTS OF THE DEPARTURE TAX COLLECTION ACT 1978 PART 4-AMENDMENT OF THE FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975 PART 5-AMENDMENTS OF THE HEALTH INSURANCE ACT 1973 PART 6-AMENDMENTS OF THE IMMIGRATION (EDUCATION) ACT 1971 PART 7-AMENDMENTS OF THE IMMIGRATION (EDUCATION) CHARGE ACT 1992 PART 8-AMENDMENT OF THE MIGRATION (DELAYED VISA APPLICATIONS) TAX ACT 1992 PART 9-AMENDMENTS OF THE MIGRATION (HEALTH SERVICES) CHARGE ACT 1991 PART 10-AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - LONG TITLE
An Act to amend the Migration Act 1958, and for related purposes MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - PART 1 PART 1-PRELIMINARY
MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 1 Short title
(Assented to 9 April 1994) 1. This Act may be cited as the Migration Legislation Amendment Act 1994. (Minister's second reading speech made in- Senate on 24 February 1994 House of Representatives on 24 March 1994) MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 2 Commencement
2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Section 84 and Schedule 2 are taken to have commenced immediately after the Migration Reform Act 1992 received the Royal Assent. (3) The remaining provisions of this Act commence immediately after the commencement of section 3 of the Migration Reform Act 1992. Note: Section 3 of the Migration Reform Act 1992 commences on 1 September 1994 MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - PART 2
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PART 2-AMENDMENTS OF THE MIGRATION ACT 1958
MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 3 Principal Act
3. In this Part, "Principal Act" means the Migration Act 1958.*1* *1* No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175 (as amended by No. 59, 1989), 1980; No. 61, 1981; No. 51 (as amended by No. 165, 1984), 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; Nos. 86, 104, 133 and 141, 1987; Nos. 5, 38, 49 and 151, 1988; Nos. 59 (as amended by Nos. 159 and 180, 1989) and 61, 1989; No. 37, 1990; Nos. 70, 86, 196 (as amended by No. 175, 1992) and 198, 1991; Nos. 24, 84, 85, 175, 176, 184 (as amended by No. 59, 1993), 213 (as amended by No. 59, 1993), 220 and 235, 1992; No. 59, 1993; and Nos. 14 and 20, 1994. MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 4 Interpretation
4. Section 4 of the Principal Act is amended: (a) by omitting "only held if in force" from the definition of "holder" in subsection (1) and substituting "held during visa period"; (b) by omitting paragraph (b) of the definition of "immigration detention" in subsection (1) and substituting the following paragraph: "(b) being held by, or on behalf of, an officer: (i) in a detention centre established under this Act; or (ii) in a prison or remand centre of the Commonwealth, a State or a Territory; or (iii) in a police station or watch house; or (iv) in relation to a non-citizen who is prevented, under section 87, from leaving a vessel-on that vessel; or (v) in another place approved by the Minister in writing;"; (c) by omitting "or installation" (wherever occurring) from the definition of "master" in subsection (1); (d) by omitting "to" from subparagraph (a)(i) of the definition of "non-disclosable information" in subsection (1) and substituting "of"; (e) by omitting paragraph (c) of the definition of "non-disclosable information" in subsection (1) and substituting the following paragraph: "(c) whose disclosure would found an action by a person, other than the Commonwealth, for breach of confidence;"; (f) by omitting "force" from paragraph (c) of the definition of "old visa" in subsection (1) and substituting "effect"; (g) by omitting ", except in paragraph (9)(b)," from the definition of "Territory" in subsection (1); (h) by inserting "or an installation" after "aircraft" in the definition of "vessel" in subsection (1); (i) by omitting from subsection (1) the definitions of "allowed inhabitant of the Protected Zone", "applicable pass mark", "assessed score" and "health criterion" and substituting the following definitions: " 'allowed inhabitant of the Protected Zone' means an inhabitant of the Protected Zone, other than an inhabitant to whom a declaration under section 17 (presence declared undesirable) applies; 'applicable pass mark', in relation to a visa of a particular class, means the number of points specified as the pass mark for that class in a notice, under section 32, in force at the time concerned; 'assessed score', in relation to an applicant for a visa, means the total number of points given to the applicant in an assessment under section 30; 'health criterion', in relation to a visa, means a prescribed criterion for the visa that: (a) relates to the applicant for the visa, or the members of the family unit of that applicant (within the meaning of the regulations); and (b) deals with: (i) a prescribed disease; or (ii) a prescribed kind of disease; or (iii) a prescribed physical or mental condition; or (iv) a prescribed kind of physical or mental condition; or (v) a prescribed kind of examination; or (vi) a prescribed kind of treatment;"; (j) by omitting from subsection (1) the definitions of "approve" and "visa" (second occurring); (k) by inserting in subsection (1) the following definitions: " 'absorbed person visa' has the meaning given by section 26AB; 'ex-citizen visa' has the meaning given by section 26AC; 'special purpose visa' has the meaning given by section 26AA; 'visa period', in relation to a visa, means the period: (a) beginning when the visa is granted; and (b) ending: (i) in the case of a visa other than a bridging visa-when the visa ceases to be in effect; or (ii) in the case of a bridging visa-when the visa ceases to be in effect otherwise than under subsection 26ZW(2A);". MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 5 Lawful non-citizens
5. Section 14 of the Principal Act is amended:
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(a) by inserting in subsection (1) "that is in effect" after "visa"; (b) by omitting subsection (3). MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 6 Effect of cancellation of visa on status
6. Section 16 of the Principal Act is amended by adding at the end "unless, immediately after the cancellation, the former holder holds another visa that is in effect". MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 7 Classes of visas
7. Section 26 of the Principal Act is amended: (a) by inserting in subsection (2) ", 26AA, 26AB, 26AC" after "26A"; (b) by omitting from subsection (3) "in a" and substituting "of a"; (c) by omitting from subsection (3) "section 26D" and substituting "section 26AA, 26AB, 26AC or 26D"; (d) by adding at the end the following subsections: "(4) The regulations may prescribe whether visas of a class are visas to travel to and enter Australia, or to remain in Australia, or both. "(5) A visa is a visa of a particular class if this Act or the regulations specify that it is a visa of that class.". MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 8 Insertion of new sections
8. After section 26A of the Principal Act the following sections are inserted: Special purpose visas "26AA.(1) There is a class of temporary visas to travel to, enter and remain in Australia, to be known as special purpose visas. "(2) Subject to subsection (3), a non-citizen is taken to have been granted a special purpose visa if: (a) the non-citizen: (i) has a prescribed status; or (ii) is a member of a class of persons that has a prescribed status; or (b) the Minister declares, in writing, that: (i) the non-citizen is taken to have been granted a special purpose visa; or (ii) persons of a class, of which the non-citizen is a member, are taken to have been granted special purpose visas. "(3) A non-citizen is not taken to have been granted a special purpose visa if a declaration under subsection (9) is in force in relation to the non-citizen or a class of persons of which the non-citizen is a member. "(4) A special purpose visa granted under subsection (2) is granted at the beginning of the later or latest of the following days: (a) if paragraph (2)(a) applies: (i) the day the non-citizen commences to have the prescribed status; (ii) the day the class of persons, of which the non-citizen is a member, commences to have the prescribed status; (iii) the day the non-citizen commences to be a member of the class of persons that has a prescribed status; (b) if paragraph (2)(b) applies: (i) the day the declaration is made; (ii) if a day is specified in the declaration as the day the visa comes into effect-that day; (iii) the day the non-citizen commences to be a member of the class of persons specified in the declaration. "(5) A special purpose visa ceases to be in effect at the end of the earlier or earliest of the following days: (a) if paragraph (2)(a) applies: (i) if the non-citizen ceases to have a prescribed status-the day the non-citizen so ceases; (ii) if the non-citizen ceases to be a member of a class of persons that has a prescribed status-the day the non-citizen so ceases; (iii) if the Minister makes a declaration under subsection (9) in relation to the non-citizen, or a class of persons of which the non-citizen is a member-the day that declaration is made; (b) if paragraph (2)(b) applies: (i) if a day is specified in the declaration as the day the visa