MIGRATION LEGISLATION AMENDMENT ACT 1989 No. 59, 1989 - SCHEDULE 4

MIGRATION LEGISLATION AMENDMENT ACT 1989 No. 59, 1989 - SCHEDULE 4

SCHEDULE 4
Section 35
AMENDMENTS OF THE MIGRATION ACT 1958 RELATING TO ILLEGAL ENTRANTS Subsection
14A (2):
Omit the subsection, substitute the following subsection:

"(2) In section 12 and subsection 13 (1):
'permanent resident' means a person (including an Australian citizen) whose
continued presence in Australia is not subject to any limitation as to time
imposed by law, but does not include:

   (a)  in relation to any period before 2 April 1984-a person who was, during
        that period, a prohibited immigrant within the meaning of this Act as
        in force at that time;

   (b)  in relation to any period starting on or after 2 April 1984 and ending
        before the commencement of this subsection-a person who was, during
        that period, a prohibited non-citizen within the meaning of this Act
        as in force at that time; or

   (c)  in relation to any period after the commencement of this subsection-a
        person who is, during that period, an illegal entrant.". Paragraph 28
        (b):
Omit the paragraph, substitute the following paragraph:

"(b) a member of the crew of a vessel referred to in paragraph (d) of the
definition of 'exempt non-citizen' in subsection 5 (1) becomes an illegal
entrant because of the operation of paragraph 5E (c) or (d); or ". Paragraph
30 (1) (c):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Paragraph 30
(2) (aa):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Paragraph 30
(2) (b):
Omit "a prohibited non-citizen", substitute "an illegal entrant".
Subsection 30 (3):

   (a)  Omit "a prohibited non-citizen", substitute "an illegal entrant".

   (b)  Omit "the prohibited non-citizen", substitute "the illegal entrant".
        Subsection 30 (4):
Omit "a prohibited non-citizen" (wherever occurring), substitute "an illegal
entrant". Paragraph 35 (1) (a):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Subsection
36A (1):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Subsection
36A (2):
Omit "a prohibited non-citizen", substitute "an illegal entrant".
Subsection 37 (1):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Paragraph 37
(5) (a):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Subparagraph
37 (5) (c) (i):
Omit "or". Subparagraph 37 (5) (c) (ii):
Omit the subparagraph, substitute the following subparagraphs:

"(ii) would have become a prohibited non-citizen within the meaning of this
Act as in force from time to time after the commencement of the Migration 
Amendment Act 1983 but before the commencement of section 4 of the Migration 
Legislation Amendment Act 1989 ; or

   (iii) would have become, or would become, an illegal entrant; or".
        Paragraph 37 (5) (d)
Omit "a prohibited non-citizen", substitute "an illegal entrant". Subsection
42 (1):
Omit "a prohibited non-citizen", substitute "an illegal entrant". Subsection
44 (1):
Omit "prohibited non-citizens", substitute "illegal entrants". Paragraph 66E
(2) (b):
Omit "a prohibited non-citizen", substitute "an illegal entrant".