Commonwealth Numbered Acts

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MIGRATION AMENDMENT ACT (No. 2) 1992 No. 84, 1992 - SECT 17

Transitional - illegal entrants
17.(1) If:

   (a)  a person was in Australia at the commencement of this Act; and

   (b)  subsection 20(1) of the Principal Act as in force immediately before
        that commencement did not apply to the person; and

   (c)  apart from this section, subsection 20(1) of the Principal Act as
        amended by this Act would apply to the person; then, for the purposes
        of the application in relation to the person of subparagraph
        20(1)(d)(iii) of the Principal Act as so amended, any convictions
        before the commencement of this Act are to be disregarded.

(2) If:

   (a)  a person was not in Australia at the commencement of this Act; and

   (b)  the person was lawfully in Australia at any time before that
        commencement; and

   (c)  immediately before that commencement, the person:

        (i)    was an exempt non-citizen; or

        (ii)   was the holder of a visa; or

        (iii)  satisfied the criteria for the grant of a visa; and

   (d)  apart from this section, subsection 20(1) of the Principal Act as
        amended by this Act would apply to the person; then for the purposes
        of the application in relation to the person of subparagraph
        20(1)(d)(iii) of the Principal Act as so amended, any convictions
        before the commencement of this Act are to be disregarded. 


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