MIGRATION AMENDMENT ACT 1979 No. 117, 1979 - SECT 10 Persons entering Australia in circumstances to be prohibited immigrants

MIGRATION AMENDMENT ACT 1979 No. 117, 1979 - SECT 10

10. Section 16 of the Principal Act is amended-

   (a)  by omitting paragraphs (b) and (c) of sub-section (1) and substituting
        the following paragraphs:

''(b) for the purpose of securing entry into Australia produces or produced to
an officer-

        (i)    a permit, certificate, passport, visa, return endorsement,
               identification card or other document that was not issued to
               him or is or was forged or was obtained by false
               representation; or

        (ii)   a passenger card that contains information that is false or
               misleading in a material particular;

''(ba) for the purpose of securing a visa or a return endorsement, or an entry
permit permitting a person to remain in Australia, produces or produced to an
officer a document of a kind referred to in sub-paragraph (i) of paragraph
(b); or

''(c) at the time of entry is or was a person of any of the following
descriptions, namely:

        (i)    a person suffering from a prescribed disease or a prescribed
               physical or mental condition;

        (ii)   a person who has been convicted of a crime and sentenced to
               death, to imprisonment for life or to imprisonment for a period
               of not less than 1 year;

        (iii)  a person who has been convicted of 2 or more crimes and
               sentenced to imprisonment for periods aggregating not less than
               1 year;

        (iv)   a person who has been charged with a crime and either found
               guilty of having committed the crime while of unsound mind or
               acquitted on the ground that the crime was committed while he
               was of unsound mind;

        (v)    a person who has been deported from Australia or another
               country; or

        (vi)   a person who has been excluded from another country in
               prescribed circumstances,'';

   (b)  by inserting after sub-section (1) the following sub-sections:

''(1A) Where a person has been convicted of a crime and ordered to be confined
in a corrective institution other than a prison, sub-section (1) applies to
and in relation to him as if he had been convicted of that crime and sentenced
to imprisonment for the period during which he was so confined.

''(1B) In sub-section (1), a reference to a crime shall be read as a reference
to an offence punishable by death, by imprisonment for life or by imprisonment
for a period of not less than 6 months.''; and

   (c)  by omitting from sub-section (2) '' disability or defect '' and
        substituting '' condition ''.