Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 4

4. Section 4 of the Principal Act is amended:
(a) by omitting "only held if in force" from the definition of "holder" in
subsection (1) and substituting "held during visa period";
(b) by omitting paragraph (b) of the definition of "immigration detention" in
subsection (1) and substituting the following paragraph:

"(b) being held by, or on behalf of, an officer:

        (i)    in a detention centre established under this Act; or

        (ii)   in a prison or remand centre of the Commonwealth, a State or a
               Territory; or

        (iii)  in a police station or watch house; or

        (iv)   in relation to a non-citizen who is prevented, under section
               87, from leaving a vessel-on that vessel; or

        (v)    in another place approved by the Minister in writing;";

   (c)  by omitting "or installation" (wherever occurring) from the definition
        of "master" in subsection (1);

   (d)  by omitting "to" from subparagraph (a)(i) of the definition of
        "non-disclosable information" in subsection (1) and substituting "of";

   (e)  by omitting paragraph (c) of the definition of "non-disclosable
        information" in subsection (1) and substituting the following
        paragraph:

"(c) whose disclosure would found an action by a person, other than the
Commonwealth, for breach of confidence;";

   (f)  by omitting "force" from paragraph (c) of the definition of "old visa"
        in subsection (1) and substituting "effect";
(g) by omitting ", except in paragraph (9)(b)," from the definition of
"Territory" in subsection (1);
(h) by inserting "or an installation" after "aircraft" in the definition of
"vessel" in subsection (1);
(i) by omitting from subsection (1) the definitions of "allowed inhabitant
of the Protected Zone", "applicable pass mark", "assessed score" and "health
criterion" and substituting the following definitions:

" 'allowed inhabitant of the Protected Zone' means an inhabitant of the
Protected Zone, other than an inhabitant to whom a declaration under section
17 (presence declared undesirable) applies;
'applicable pass mark', in relation to a visa of a particular class, means the
number of points specified as the pass mark for that class in a notice, under
section 32, in force at the time concerned;
'assessed score', in relation to an applicant for a visa, means the total
number of points given to the applicant in an assessment under section 30;
'health criterion', in relation to a visa, means a prescribed criterion for
the visa that:

   (a)  relates to the applicant for the visa, or the members of the family
        unit of that applicant (within the meaning of the regulations); and

   (b)  deals with:

        (i)    a prescribed disease; or

        (ii)   a prescribed kind of disease; or

        (iii)  a prescribed physical or mental condition; or

        (iv)   a prescribed kind of physical or mental condition; or

        (v)    a prescribed kind of examination; or

        (vi)   a prescribed kind of treatment;";

   (j)  by omitting from subsection (1) the definitions of "approve" and "
        visa" (second occurring);

   (k)  by inserting in subsection (1) the following definitions:

" 'absorbed person visa' has the meaning given by section 26AB;
'ex-citizen visa' has the meaning given by section 26AC;
'special purpose visa' has the meaning given by section 26AA;
'visa period', in relation to a visa, means the period:

   (a)  beginning when the visa is granted; and

   (b)  ending:

        (i)    in the case of a visa other than a bridging visa-when the visa
               ceases to be in effect; or

        (ii)   in the case of a bridging visa-when the visa ceases to be in
               effect otherwise than under subsection 26ZW(2A);".