Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1979 No. 117, 1979 - SECT 9

9. (1) After Division 1 of Part II of the Principal Act the following Division
is inserted:

''Division 1A-Visas and Return Endorsements Visas and return endorsements
''11A. (1) An authorized officer may, in accordance with this section-

   (a)  grant to a person, upon request by that person, a visa with respect to
        travel to Australia by that person and any person whose name is
        included in the visa-

        (i)    on a single occasion;

        (ii)   on occasions aggregating not more than a specified number of
               occasions; or

        (iii)  on any number of occasions,

while the visa remains in force; or

   (b)  upon request by a person who is residing in Australia, or has resided
        in Australia and wishes to return to Australia, grant to that person a
        return endorsement with respect to travel to Australia by that person
        and any other person whose name is included in the return endorsement
        on any number of occasions while it remains in force.

''(2) A visa or return endorsement-

   (a)  shall be in a form approved by the Minister;

   (b)  shall come into force on the day on which it is granted;

   (c)  shall be expressed to continue in force until the expiration of a date
        specified in it, or of a period specified or otherwise described in
        it; and

   (d)  shall, notwithstanding that it is so expressed to continue in force
        cease to be in force upon cancellation under section 11B.

''(3) For the purpose of sub-section (2) and subject to sub-section (4), where
a notation in a form approved by the Minister as a form of visa or return
endorsement is made by an officer in a passport or other document of identity
held by a person and the notation does not specify the name of any person as
the person to whom it relates, the notation has effect as if it were expressed
to relate to the person holding the passport or other document.

''(4) Where the spouse or child of a person, being a spouse or child whose
name is included in the passport or document of identity of that person,
accompanies that person to Australia, a visa or return endorsement granted by
an authorized officer to that person and written on that passport or document
of identity shall extend to that spouse or child if, but only if, the name of
that spouse or child is included in the visa or return endorsement.

''(5) An authorized officer shall not grant a return endorsement to a person
who is the holder of a temporary entry permit. Cancellation, expiration and
renewal of visas and return endorsements
''11B. The Minister or an authorized officer may, in his absolute discretion,
cancel a visa or return endorsement at any time by writing under his hand.
Carriage of persons to Australia without documentation
''11C. (1) The master, owner, agent and charterer of a vessel on which a
person (not being an Australian citizen) is brought into Australia on or after
the commencement of this section are each guilty of an offence against this
section if the person, on his arrival in Australia-

   (a)  is not in possession of a visa or return endorsement applicable to his
        travel to Australia on that occasion; and

   (b)  is not exempted, by instrument under the hand of the Minister, from
        the requirements of this Division or included in a class of persons
        who are so exempted.

''(2) A person who is guilty of an offence against this section is liable,
upon conviction, to a fine not exceeding $2,000.

''(3) Notice of the making of an instrument of the kind referred to in
paragraph (b) of sub-section (1) may be published in the Gazette.

''(4) In any proceedings against the master, owner, agent or charterer of a
vessel for an offence against sub-section (1), evidence that a person who
arrived in Australia on board that vessel failed, on his arrival, to produce
to an officer, upon demand by that officer, a visa or return endorsement
applicable to that person's travel to Australia on that occasion is prima
facie evidence that the person was not, on his arrival, in possession of such
a visa or return endorsement.

''(5) Where the master, owner, agent or charterer of a vessel on which a
person is brought into Australia is prosecuted for an offence against
sub-section (1) in relation to the bringing of that person into Australia, it
is a defence if the master, owner, agent or charterer satisfies the court-

   (a)  that the person was, when he boarded or last boarded the vessel for
        travel to Australia, in possession of a visa or return endorsement
        applicable to his travel to Australia on that occasion, being a visa
        or return endorsement that did not appear to have been cancelled and
        was expressed to continue in force until, or at least until, the date
        of his expected arrival in Australia;

   (b)  that the master of the vessel had reasonable grounds for believing a
        person to be, when he boarded or last boarded the vessel for travel to
        Australia, a person referred to in paragraph (b) of sub-section (1);
        or

   (c)  that the vessel on which the person was brought into Australia entered
        Australia from overseas by reason only of the illness of a person on
        board the vessel, stress of weather or other circumstances beyond the
        control of the master.

''(6) Where-

   (a)  two or more persons who are the holders of the same visa or return
        endorsement travel to Australia on board the same vessel; and

   (b)  on the arrival of those persons in Australia, one of them is in
        possession of that visa or return endorsement, for the purposes of
        this Act, each of them shall be deemed, upon arrival in Australia, to
        be in possession of that visa or return endorsement.''.

(2) A visa or similar notation, or a form of provisional authority to enter
Australia, that was issued before the date fixed under sub-section 2 (2) and
had not expired, or been cancelled, before that date has effect, on and after
that date, according to its tenor, for all the purposes of the Principal Act
as amended by this Act, as if it were a visa duly granted under section 11A of
the Principal Act as so amended.

(3) A document or notation issued before the date fixed under sub-section 2
(2) in respect of the return of a person to Australia, being a document or
notation that had not expired or been cancelled before that date, has effect,
on and after that date, according to its tenor, for all the purposes of the
Principal Act as amended by this Act, as if it were a return endorsement duly
granted under section 11A of the Principal Act as so amended.