Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT (No. 5) 1995 No. 100, 1995 - SCHEDULE 1

                            SCHEDULE 1                     Section 3

Immigration (Education) Act 1971 1. Certain persons not entitled to tuition

(1) Despite section 4C of the Immigration (Education) Act 1971, the
Commonwealth is not obliged to provide, or arrange for the provision of, any
tuition in an approved English course to a person if the person was granted a
visa, whether or not after the commencement of this item, because the person
satisfied paragraph 816.721(1)(a) or 818.721(1)(a) of the Migration (1993)
Regulations.

(2) If, immediately before the commencement of this item, the Commonwealth had
an obligation under that Act to a person covered by subitem (1), that
obligation ceases at the commencement of this item. Migration Act 1958 2.
Subsection 5(1) (definition of "visa tax"): Omit the definition. 3. Subsection
64(4): Omit the subsection. 4. Subparagraph 65(1)(a)(iv): Omit "any visa
tax,". 5. Section 72: Add at the end: "; or (c) the Minister has determined to
be an eligible non-citizen.

"(2) The Minister may make a determination under paragraph (1)(c) that a
non-citizen is an eligible non-citizen if:

   (a)  the non-citizen was an unlawful non-citizen when he or she entered the
        migration zone; and

   (b)  the non-citizen made a valid application for a protection visa after
        he or she arrived in Australia; and

   (c)  the non-citizen has been in immigration detention for a period of more
        than 6 months after the application for a protection visa was made;
        and

   (d)  the Minister has not made a primary decision in relation to the
        application for a protection visa; and

   (e)  the Minister thinks that the determination would be in the public
        interest.

"(3) The power to make a determination under paragraph (1)(c) may only be
exercised by the Minister personally.

"(4) If the Minister makes a determination under paragraph (1)(c), he or she
is to cause to be laid before each House of the Parliament a statement that:

   (a)  sets out the determination; and

   (b)  sets out the reasons for the determination, referring in particular to
        the Minister's reasons for thinking that his or her actions are in the
        public interest.

"(5) A statement made under subsection (4) is not to include:

   (a)  the name of any non-citizen who is the subject of the determination;
        or

   (b)  any information that may identify the non-citizen; or

   (c)  if the Minister thinks that it would not be in the public interest to
        publish the name of another person connected in any way with the
        matter concerned-the name of that other person, or any information
        that may identify the person.

"(6) A statement under subsection (4) is to be laid before each House of the
Parliament within 15 sitting days of that House after:

   (a)  if the determination is made between 1 January and 30 June (inclusive)
        in a year-1 July in that year; or

   (b)  if the determination is made between 1 July and 31 December
        (inclusive) in a year-1 January in the following year.

"(7) The Minister does not have a duty to consider whether to make a
determination under paragraph (1)(c) in respect of any non-citizen, whether he
or she is requested to do so by the non-citizen or any other person, or in any
other circumstances.". 6. Paragraph 84(3)(b): Omit "valid permanent visa",
substitute "permanent visa that is in effect". 7. Paragraph 222(7)(a): Omit
"deportee's" (wherever occurring), substitute "non-citizen's". 8. Division 7
of Part 3 (heading): Omit "3 years", substitute "4 years". 9. Subsection
333(1): Omit "3 years", substitute "4 years". Note: The heading to section 333
is altered by omitting "3 years" and substituting "4 years". 10. Subsection
333(4): Omit "2 years", substitute "3 years". 11. Subsection 424(1): Omit
"sections 417", substitute "sections 418". 12. Section 451: Omit "section
417", substitute "section 418". 13. Paragraph 475(2)(e): Omit the paragraph,
substitute:

   (e)  a decision of the Minister not to exercise, or not to consider the
        exercise of, his or her power under section 48B, paragraph 72(1)(c),
        section 91F, 345, 351, 391, 417 or 454; 14. Subsection 506(3): Omit
        "are to include", substitute "may include, but are not limited to,".
        15. Subsection 506(3): After "about" insert "any or all of the
        following". 16. Subsection 506(3): Omit "and" (wherever occurring).
        17. Application of amendment of section 475: The amendment made by
        item 13 applies to decisions whether made before or after the
        commencement of this item.
        Migration (Delayed Visa Applications) Tax Act 1992 18. Repeal the Act.
        19. Transitional-cancellation of debts and refunds of tax paid

(1) If, apart from this item, a person would be liable to pay an amount to the
Commonwealth as a result of a debt arising under the
Migration (Delayed Visa Applications) Tax Act 1992, the debt ceases to be
payable at the commencement of this item.

(2) If a person has paid an amount of tax imposed, or purportedly imposed, by
the Migration (Delayed Visa Applications) Tax Act 1992 and the person is not
entitled to a refund of that amount, the person is entitled, at the
commencement of this item, to be paid by the Commonwealth an amount equal to
that amount. The Consolidated Revenue Fund is appropriated for the purposes of
this subsection. Migration Legislation Amendment Act (No. 6) 1995 20. Section
17: Repeal the section. 21. Section 18: Repeal the section