Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SCHEDULE 3

SCHEDULE 3
AMENDMENTS OF OTHER ACTS
PART 1-AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP ACT 1948
1. Subsection 5(1) (definition of "illegal entrant"): Omit all the words after
"force", substitute "immediately before 1 September 1994;".
2. Subsection 5(1) (definition of "valid entry permit"): Add at the end "as in
force immediately before 1 September 1994;".
3. Subsection 5(1) (definition of "valid permanent entry permit"): Add at the
end "as in force immediately before 1 September 1994;".
4. Subsection 5(1) (definition of "valid visa"): Add at the end "as in force
immediately before 1 September 1994;".
5. Subsection 5(1): Insert:

" 'permanent visa' has the same meaning as in the Migration Act 1958;
'special category visa' has the same meaning as in the Migration Act  1958 ;
'special purpose visa' has the same meaning as in the Migration Act  1958 ;
'unlawful non-citizen' has the same meaning as in the Migration Act  1958 ;
'visa' has the same meaning as in the Migration Act 1958.".
6. Paragraph 5A(1)(ba): After "prescribed date" insert "and before 1 September
1994".
7. After paragraph 5A(1)(ba): Insert:

"(bb) in relation to a period on or after 1 September 1994 if:

        (i)    the person was present in Australia and held a permanent visa;
               or

        (ii)   a declaration under subsection (2) applied to the person;".
8. Paragraph 5A(2)(c): After "prescribed date" insert "but before 1 September
1994".
9. After paragraph 5A(2)(c): Insert:

"or (d) are the holders of special category visas or special purpose visas; or

   (e)  are, or have been, the holders of special category visas and who are
        either:

        (i)    ordinarily resident in Australia; or

        (ii)   the spouse, widow or widower of an Australian citizen;".
10. After subsection 5A(5): Insert:

"(5A) In spite of anything in this section, if a person who has travelled to
Australia by virtue of a criminal justice visa has entered Australia, the
person is not to be taken, under this section, to be a permanent resident for
the purpose of this Act at any time when:

   (a)  the criminal justice visa is in effect; and

   (b)  the person is not the holder of a permanent visa.".
11. Subsection 5A(6) (paragraph (b) of the definition of "statutory visitor's
visa"): Add at the end "and before 1 September 1994".
12. Subsection 5A(6): Insert:

" 'criminal justice visa' has the same meaning as in the Migration Act  1958
;".
13. Sub-subparagraph 10B(1)(b)(ii)(B): After "illegal entrant," insert "as an
unlawful non-citizen,".
14. Subparagraph 13(4)(b)(iv): After "illegal entrant," insert "as an unlawful
non-citizen,".
15. Paragraph 13(9)(c): After "who" insert "a permanent resident and".
16. Subparagraph 13(9)(d)(ii): After "is" insert "a permanent resident and".
17. Subsection 14(1): Omit "Minister" (last occurring), substitute
"Minister's".
18. After section 14: Insert: Deferral of consideration of application under
section 13-visa liable to cancellation

"14A.(1) If:

   (a)  an application is made to the Minister under section 13; and

   (b)  it appears to the Minister that:

        (i)    a visa held by the applicant may be cancelled under a provision
               of the Migration Act 1958 (whether or not the person has been
               given any notice to that effect); or

        (ii)   the person has been charged, or may be charged, with an offence
               under a law of the Commonwealth, a State or a Territory; the
               Minister may defer consideration of the application until the
               end of a period determined by the Minister.

"(2) The Minister must not defer consideration of an application for a period,
or for periods that in total, exceed 12 months.

"(3) If:

   (a)  the Minister decides to defer consideration of an application; and

   (b)  the applicant is present in Australia; the Minister must give the
        applicant written notice setting out the decision.

"(4) If the Minister decides to defer consideration of an application, section
13 and subsection (1) of this section apply in relation to the application as
if it had been furnished immediately before the end of that period.

"(5) Nothing in this section prevents:

   (a)  an applicant from withdrawing the application; or

   (b)  a person whose application under section 13 has been refused from
        making a further application or applications under that section.".
19. Subparagraph 23AA(1)(b)(iii): After "illegal entrant" insert ", as an
unlawful non-citizen,".
20. Subsection 52A(2): Omit "subsection 13(9)", substitute "paragraph 13(9)(a)
or (b)".
PART 2-AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918
21. Paragraph 93(7)(a): Omit "valid temporary entry permit", substitute
"temporary visa".
22. Paragraph 93(7)(b): Omit "illegal entrant", substitute "unlawful
non-citizen".
PART 3-AMENDMENTS OF THE DEPARTURE TAX COLLECTION ACT 1978
23. Subsection 5(1): Omit "his departure", substitute "his or her departure".
24. Paragraph 5(1)(b): Omit "he", substitute "he or she".
25. Paragraph 5(1)(c):

   (a)  Before "a person" insert "if the departure is before 1 September
        1994-".

   (b)  After "1958" insert "as in force at the time of the departure".
26. Paragraph 5(1)(d):

   (a)  Before "a person who" insert "if the departure is before 1 September
        1994-".

   (b)  After "1958" insert "as in force at the time of the departure".
27. After paragraph 5(1)(g): Insert:

"(ga) a person being removed from Australia under section 54ZF of the
Migration Act 1958; or".
28. Subsection 9(1): Omit "by him", substitute "by the person".
29. Subsection 14(1): After "his" insert "or her".
PART 4-AMENDMENT OF THE FOREIGN ACQUISITIONS AND TAKEOVERS ACT 1975
30. Subsection 5A(2): Omit "a prohibited non-citizen", substitute "an unlawful
non-citizen".
PART 5-AMENDMENTS OF THE HEALTH INSURANCE ACT 1973
31. Subsection 3(1) (paragraph (b) of the definition of "Australian
resident"): Omit "valid permanent entry permit", substitute "permanent visa".
32. Subsection 3(1) (paragraph (d) of the definition of "Australian
resident"): After "(b)" insert ", (ba)".
33. Subsection 3(1) (paragraph (e) of the definition of "Australian
resident"): After "(b)" insert ", (ba)".
34. Subsection 3(1) (subparagraph (e)(i) of the definition of "Australian
resident"): Omit "valid temporary entry permit", substitute "temporary visa".
35. Subsection 3(1) (subparagraph (e)(ii) of the definition of "Australian
resident"): Add at the end:

", or for a permanent visa under that Act;".
36. Subsection 3(1) (subparagraph (e)(iv) of the definition of "Australian
resident"): Omit "an entry permit that is not intended to operate as a
temporary entry permit", substitute "a permanent visa".
37. Subsection 3(1) (subparagraph (e)(vi) of the definition of "Australian
resident"): Omit the subparagraph, substitute:

"(vi) an authority to work in Australia is in force; or".
38. Subsection 3(1) (subparagraph (e)(vii) of the definition of "Australian
resident"): Omit "an entry permit", substitute "a permanent visa under the
Migration  Act 1958 ".
PART 6-AMENDMENTS OF THE IMMIGRATION (EDUCATION) ACT 1971
39. Section 3 (definition of "permanent entry permit"): Add at the end "as in
force immediately before the commencement of section 3 of the
Migration Reform Act 1992;".
40. Section 3 (definition of "temporary entry permit"): Omit the definition.
41. Section 3: Insert:

" 'permanent visa' has the same meaning as in the Migration Act;
'temporary visa' has the same meaning as in the Migration Act;".
42. Subparagraphs 4(b)(i) and (ii): Omit "entry permit", substitute "visa".
43. Subparagraphs 4(b)(iii) and (iv): After "permit" insert "or a permanent
visa".
44. Subparagraph 4(b)(v): Omit the subparagraph, substitute:

"(v) are citizens of New Zealand who hold a special category visa; and".
45. Subparagraphs 4(c)(i) and (ii): Omit "entry permit", substitute "visa".
46. Subparagraphs 4(c)(iii) and (iv): After "permit" insert "or a permanent
visa".
PART 7-AMENDMENTS OF THE IMMIGRATION (EDUCATION) CHARGE ACT 1992
47. Subsection 3(2) (definition of "stay visa"):

   (a)  After "entry permit" insert "within the meaning of the Migration Act
        1958 as in force immediately before 1 September 1994".

   (b)  Omit paragraph (b), substitute:

"(b) a permanent visa.".
48. Paragraph 5(b): Omit all the words after "a notice", substitute:

"including:

        (i)    a statement of the kind mentioned in paragraph 24(3)(ab) of the
               Migration Act 1958 as in force immediately before 1 September
               1994 or a notice under paragraph 24(6)(aa) or 34(3)(aa) of that
               Act as in force at that time; or

        (ii)   a notice including a statement of the kind mentioned in
               subsection 26ZEA(3) of the Migration Act 1958; and".
PART 8-AMENDMENT OF THE MIGRATION (DELAYED VISA APPLICATIONS)
TAX ACT 1992
49. Subsection 5(3): Omit "that is not approved", substitute "if a visa is not
granted".
PART 9-AMENDMENTS OF THE MIGRATION (HEALTH SERVICES) CHARGE ACT 1991
50. Section 3 (definition of "entry permit"): Add at the end "as in force
immediately before 1 September 1994;".
51. Section 3 (definition of "visa"): Omit the definition.
52. Section 3: Add at the end:

"(2) In this Act, unless the contrary intention appears, an expression defined
for the purposes of the Migration Act 1958 has the same meaning as in that
Act.".
53. Paragraph 5(1)(b): Omit "in any other case", substitute "if the visa or
entry permit has been, or is, granted before 1 September 1994".
54. Subsection 5(1): Add at the end:

"; or (c) in any other case:

        (i)    regulations made under paragraph 181(1)(h) of the
               Migration Act  1958 require that an assurance of support be
               given in relation to the applicant in respect of the applicant
               seeking to enter, or remain in, Australia; and

        (ii)   the Minister has given the applicant a notice including a
               statement of the kind mentioned in subsection 26ZEA(2) of that
               Act; and

        (iii)  the applicant would, apart from subparagraph 26ZF(1)(iv) of
               that Act, be granted a visa.".
55. Subsection 7(2): Add at the end "or the Minister refuses to grant the
entry permit or visa.".
PART 10-AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
56. Subparagraph 5G(1)(b)(ii): Omit "valid permanent entry permit", substitute
"permanent visa".
57. Sub-subparagraph 5G(1)(b)(iv)(A): Omit "an exempt non-citizen", substitute
"the holder of a special category visa or a special purpose visa".
58. Subsection 5G(1): Omit the note at the end of the subsection.
NOTES ABOUT SECTION HEADINGS IN THE MIGRATION ACT 1958
1. On the commencement of section 3 of this Act, the heading to section 54L of
the Migration Act 1958 is altered by omitting "custody" and substituting
"immigration detention".
2. On the commencement of section 3 of this Act, the heading to section 54M of
the Migration Act 1958 is altered by omitting "custody" and substituting
"immigration detention".
3. On the commencement of section 3 of this Act, the heading to section 54Q of
the Migration Act 1958 is altered by omitting "custody" and substituting
"immigration detention".
4. On the commencement of section 3 of this Act, the heading to section 54RA
of the Migration Act 1958 is altered by omitting "custody" and substituting
"immigration detention".
5. On the commencement of section 3 of this Act, the heading to section 80 of
the Migration Act 1958 is altered by omitting "secretly into Australia" and
substituting "into Australia in contravention of this Act".