Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1983 No. 112, 1983 - SECT 38

38. (1) Where a person was, immediately before the commencement of this Act, a
prohibited immigrant by virtue of a provision of the Principal Act, other than
section 16 of that Act, that person becomes, upon that commencement, a
prohibited non-citizen for the purposes of the Principal Act as amended by
this Act.

(2) Where a person was, immediately before the commencement of this Act,
deemed to be a prohibited immigrant by virtue of sub-section 16 (1) of the
Principal Act, the person is, upon that commencement, deemed to be a
prohibited non-citizen by virtue of sub-section 16 (1) of the Principal Act as
amended by this Act.

(3) An entry permit, visa, return endorsement or any other instrument in force
under the Principal Act immediately before the commencement of this Act has,
subject to the Principal Act as amended by this Act, effect after the
commencement of this Act as if it were in force under the Principal Act as
amended by this Act.

(4) Where, before the commencement of this Act, the Minister had ordered the
deportation of a person under the Principal Act and the order had not been
revoked before that commencement-

   (a)  the order continues to have effect; and

   (b)  the Principal Act continues to apply to and in relation to the
        deportation of the person,
as if the amendments made by this Act had not been made.

(5) For the purposes of proceedings for an offence against paragraph 27 (1)
(ab) of the Principal Act, it is a defence if the person charged satisfies the
court that-

   (a)  after he had become a prohibited immigrant within the meaning of the
        Principal Act, a further entry permit applicable to him had come into
        force, whether before or after the commencement of this Act; or

   (b)  he had, before the commencement of this Act, ceased to be a
        prohibited immigrant by virtue of sub-section 7 (4) of the Principal
        Act.

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