Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1983 No. 112, 1983 - SECT 14

14. Section 16 of the Principal Act is amended-

         (a)  by omitting from sub-section (1) ''as an immigrant'' and
substituting ''is not, or was not, at the time of that entry, an Australian
citizen and who'';

   (b)  by omitting paragraphs (1) (b) and (ba) and substituting the following
        paragraphs:

''(b) at the time of, or prior to, that person's entry into Australia, the
person-

        (i)    produces or produced, or causes or caused to be produced, to
               the Minister or to an officer, in respect of that entry-

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

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

        (ii)   makes or made, or causes or caused to be made, to the Minister
               or to an officer, in respect of that entry, a statement that is
               false or misleading in a material particular;

''(ba) at the time of, or prior to, the grant of a visa or a return
endorsement in respect of the person, the person-

        (i)    produces or produced, or causes or caused to be produced, to
               the Minister or to an officer, in respect of the grant of that
               visa or return endorsement, a document of the kind referred to
               in sub-sub-paragraph (b) (i) (A); or

        (ii)   makes or made, or causes or caused to be made, to the Minister
               or to an officer, in respect of the grant of that visa or
               return endorsement, a statement that is false or misleading in
               a material particular; or'';

   (c)  by omitting from sub-section (1) ''prohibited immigrant'' and
        substituting ''prohibited non-citizen'';

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

''(1AA) Where-

   (a)  a further entry permit has, either before or after the commencement of
        this sub-section, been granted to a person authorizing the person to
        remain in Australia;

   (b)  that entry permit was granted while the person was in Australia; and

   (c)  the person, in respect of the grant of that entry permit-

        (i)    produced, or caused to be produced, to the Minister or to an
               officer a document that was not issued to that person, is
               forged or was obtained by false representation or that contains
               information that is false or misleading in a material
               particular; or

        (ii)   made, or caused to be made, to the Minister or to an officer a
               statement that is false or misleading in a material particular,

that person shall, notwithstanding section 10, be deemed to be a
prohibited non-citizen unless he is the holder of an entry permit endorsed
with a statement that the person granting that permit recognises him to be a
person referred to in this sub-section.'';

   (e)  by omitting from sub-section (2) ''prohibited immigrant'' and
        substituting ''prohibited non-citizen''; and

   (f)  by inserting in sub-section (5) ''within the meaning of the
Migration Act 1958 as amended by the Migration Amendment Act (No. 2) 1980''
after ''immigrant''.