Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1979 No. 117, 1979 - SECT 19

19. After section 31 of the Principal Act the following sections are inserted
in Division 4 of Part II: Minister or authorized officer may require
prohibited immigrant to leave Australia
''31A. The Minister or an authorized officer may require a person who is a
prohibited immigrant to leave Australia within the time specified by the
Minister or by that authorized officer, as the case may be, and the person
shall comply with that requirement.

Penalty: $1,000 or imprisonment for 6 months. Offences in relation to work
''31B. (1) Where a person who is the holder of a temporary entry permit that
is in force and is subject to a condition of the kind referred to in
sub-section (6A) of section 6 contravenes or fails to comply with that
condition, the person commits an offence against this sub-section.

''(2) Where a person who is a prohibited immigrant performs any work in
Australia without the permission, in writing, of an authorized officer, the
person commits an offence against this sub-section.

''(3) Where a person makes, in, or in connection with or in support of, an
application to an authorized officer for permission to work in Australia, a
statement that is false in a material particular, that person commits an
offence against this sub-section.

''(4) The penalty for an offence against sub-section (1), (2) or (3) is a fine
not exceeding $1,000.

''(5) In proceedings in a court for an offence against sub-section (1) or (2),
a certificate of the Secretary to the Department of Immigration and Ethnic
Affairs, or of an officer of that Department authorized by the Secretary to
that Department to give certificates under this sub-section-

   (a)  certifying that the person charged with the offence has not been given
        any permission by an authorized officer to perform work in Australia;
        or

   (b)  certifying that the person charged with the offence has not been given
        permission by an authorized officer to perform work in Australia other
        than the permission a copy of which is attached to the certificate, is
        admissible in evidence in the proceedings and is prima facie evidence
        of the matters stated in the certificate.

''(6) For the purposes of this section, a document purporting to be a
certificate referred to in sub-section (5) shall, unless the contrary is
proved, be deemed to be such a certificate and to have been duly given.

''(7) For the purposes of this section, a reference in a temporary entry
permit, and the reference in sub-section (2), to the performance of any work
in Australia by a person, shall each be read as not including a reference to
the performance by the person of any work of a prescribed kind or of work in
prescribed circumstances.''.