Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 33

             (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 earliest of the following times:

                     (a)  if paragraph (2)(a) applies:

                              (i)  if the non‑citizen ceases to have a prescribed status--the end of the day on which the non‑citizen so ceases; or

                             (ii)  if the non‑citizen ceases to be a member of a class of persons that has a prescribed status--the end of the day on which the non‑citizen so ceases; or

                            (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 time when that declaration takes effect;

                     (b)  if paragraph (2)(b) applies:

                              (i)  if a day is specified in the declaration as the day the visa ceases to be in effect--the end of that day; or

                             (ii)  if an event is specified in the declaration as the event that causes the visa to cease to be in effect--the end of the day on which the event happens; or

                            (iii)  if the non‑citizen ceases to be a member of a class of persons specified in the declaration--the end of the day on which the non‑citizen so ceases; or

                            (iv)  if the declaration is revoked--the end of the day of the revocation; or

                             (v)  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 time when that declaration takes effect.

          (5A)  For the purposes of subsection (5), the time when a declaration made by the Minister under subsection (9) takes effect is:

                     (a)  if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect--the time so specified; or

                     (b)  if the Minister does not specify such a time in the declaration--the end of the day on which the declaration is made.

             (6)  If the Minister makes a declaration under paragraph (2)(b), he or she is to cause to be laid before each House of the Parliament a statement that:

                     (a)  sets out the contents of the declaration; and

                     (b)  sets out the Minister's reasons for the declaration.

             (7)  A statement under subsection (6) is not to include:

                     (a)  the name of the non‑citizen; or

                     (b)  if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person.

             (8)  A statement under subsection (6) is to be laid before each House of the Parliament within 15 sitting days of that House after:

                     (a)  if the declaration is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or

                     (b)  if the declaration is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.

             (9)  The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia.

           (10)  Section 43 and Subdivisions AA, AB, AC (other than section 68), AE, AG, AH, C, D, E, F and H do not apply in relation to special purpose visas.