Commonwealth Consolidated Regulations

MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 3

(1)

In these Regulations, unless the contrary intention appears:

"permanent return visa" means a visa:

(a)

of one of the following classes under the Migration (1989) Regulations:

(i)

return visa, class A (code number 154);

(ii)

return visa, class B (code number 155);

(iii)

return visa, class C (code number 156);

(iv)

return visa, class D (code number 157);

(v)

return visa, class E (code number 158); or

(b)

of one of the following classes under the Migration (1993) Regulations:

(i)

Class 154 (resident return (A));

(ii)

Class 155 (resident return (B));

(iii)

Class 156 (resident return (C));

(iv)

Class 157 (resident return (D));

(v)

Class 158 (resident return (E)).

(a)

a visa:

(i)

that was available for grant before 1 September 1994; and

(ii)

of which presentation at the Entry Control Point before 1 September 1994 would have had effect as an application for a permanent entry permit; or

(b)

an entry visa granted before 1 September 1994 that permitted the holder to stay in Australia indefinitely; or

(c)

a visa granted on or after 1 September 1994 that permits the holder to stay in Australia indefinitely.

"primary decision" has the same meaning as in Part 5 of the amended Act.

"reporting condition" means a condition imposed before 1 September 1994 under subsection 92 (9) or 93 (9) of the old Act, or by a Court, on a non-citizen that obliged him or her to report periodically to Immigration.

"return visa" means a permanent return visa or a temporary return visa.

"review authority" includes any officer or Tribunal (other than the Administrative Appeals Tribunal) having the function of reviewing the merits of a decision that relates to a visa or entry permit.

"temporary entry permit" means an entry permit other than a permanent entry permit, but does not include an entry visa that is operating as an entry permit.

"temporary return visa "means:

(a)

a return visa, class F (code number 159) visa under the Migration (1989) Regulations; or

(b)

a Class 159 (resident return (F)) visa under the Migration (1993) Regulations.

"the amended Act" means the Migration Act 1958 as in force on and after 1 September 1994.

"the old Act" means the Migration Act 1958 as in force immediately before 1 September 1994.

"the Reform Act" means the Migration Reform Act 1992 .

"visa" includes an entry visa regardless of whether it is operating as an entry permit.

(2) Unless the contrary intention appears:

(a)

expressions that are used in section 40 of the Reform Act and in these Regulations have the same meanings in these Regulations as in that section; and

(b)

expressions that are used in the old Act and in these Regulations have the same meanings in these Regulations as in that Act; and

(c)

expressions that are used in the Migration (1989) Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations; and

(d)

expressions that are used in the Migration (1993) Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations; and

(e)

expressions that are used in the Migration Regulations and in these Regulations have the same meanings in these Regulations as in those Regulations.

(3)

If an expression used in these Regulations has a particular meaning under more than 1 of the provisions referred to in paragraphs (2) (a) to (e), unless the contrary appears the meaning that that expression has in accordance with paragraph (2) (e) is to be preferred.