Commonwealth Numbered Acts

MIGRATION REFORM ACT 1992 No. 184, 1992 - SECT 4

4. Section 4 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of "accompanying child",

"accompanying spouse", "holder", "port", "score" and "visa" and substituting
respectively the following definitions:

"'holder', in relation to a visa, means, subject to section 26ZR (visas only
held if in force) the person to whom it was granted or a person included in
it;
'port' means:

   (a)  a proclaimed port; or

   (b)  a proclaimed airport;
'score', in relation to a visa applicant, means the total number of points
given to the applicant under section 30 in the most recent assessment or
re-assessment under Subdivision B of Division 2 of Part 2;
'visa' has the meaning given by section 24 and includes an 'old visa';";

   (b)  by omitting from subsection (1) the definitions of "entry permit",
        "entry visa", "exempt non-citizen", "member", "period of grace",
        "permanent entry permit", "presiding member", "Principal Member",
        "processing area", "prohibited person", "properly endorsed valid entry
        permit", "properly endorsed valid entry visa", "refugee", "review
        authority", "reviewable decision", "review officer", "review under
        Part 3", "section 20 notice", "Senior Member", "statutory visitor",
        "stowaway", "temporary entry permit", "travel only visa", "Tribunal",
        "unprocessed person", "valid entry permit", "valid temporary entry
        permit", "valid permanent entry permit" and "valid visa";

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

"'allowed inhabitant of the Protected Zone' means an inhabitant of the
Protected Zone, other than such an inhabitant:

   (a)  to whom a declaration under section 17 applies (presence declared
        undesirable); or

   (b)  who is a behaviour concern non-citizen; or

   (c)  who is a health concern non-citizen;
'approve', in relation to an application for a visa, means approve the grant
of the visa;
'behaviour concern non-citizen' means a non-citizen who:

   (a)  has been convicted of a crime and sentenced to death or to
        imprisonment, for at least one year; or

   (b)  has been convicted of 2 or more crimes and sentenced to imprisonment,
        for periods that add up to at least one year if:

        (i)    any period concurrent with part of a longer period is
               disregarded; and

        (ii)   any periods not disregarded that are concurrent with each other
               are treated as one period; whether or not:

        (iii)  the crimes were of the same kind; or

        (iv)   the crimes were committed at the same time; or

        (v)    the convictions were at the same time; or

        (vi)   the sentencings were at the same time; or

        (vii)  the periods were consecutive; or

   (c)  has been charged with a crime and either:

        (i)    found guilty of having committed the crime while of unsound
               mind; or

        (ii)   acquitted on the ground that the crime was committed while the
               person was of unsound mind;

   (d)  has been removed or deported from Australia or removed or deported
        from another country; or

   (e)  has been excluded from another country in prescribed circumstances;
        where 'sentenced to imprisonment' includes ordered to be confined in a
        corrective institution;
'bridging visa' has the meaning given by section 26C;
'bypass immigration clearance' has the meaning given by subsection 54HS(4);
'criminal justice visa' has the meaning given by section 26D;
'detain' means:

   (a)  take into immigration detention; or

   (b)  keep, or cause to be kept, in immigration detention; and includes
        taking such action and using such force as are reasonably necessary to
        do so;
'detainee' means a person detained;
'enter Australia', in relation to a person, means enter the migration zone;
'health concern non-citizen' means a non-citizen who is suffering from a
prescribed disease or a prescribed physical or mental condition;
'health criterion', in relation to a visa, means a prescribed criterion for
the visa that is satisfied if the applicant for the visa:

   (a)  does not have a specified disease; or

   (b)  does not have a specified physical or mental condition; or

   (c)  has a specified physical or mental condition; or

   (d)  has had a specified examination; or

   (e)  has had specified treatment to prevent disease;
'immigration cleared' has the meaning given by subsection 54HS (1);
'immigration detention' means:

   (a)  being in the company of, and restrained by:

        (i)    an officer; or

        (ii)   in relation to a particular detainee-another person directed by
               the Secretary to accompany and restrain the detainee; or

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

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

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

        (iii)  a police station or watch house; or

        (iv)   another place approved by the Minister in writing;
'Immigration Review Tribunal' means the Immigration Review Tribunal
established by section 151;
'in immigration clearance' has the meaning given by subsection 54HS(2);
'internally-reviewable decision' has the meaning given by section 115A;
'IRT-reviewable decision' has the meaning given by section 116;
'judicially-reviewable decision' has the meaning given by section 166LA;
'lawful non-citizen' has the meaning given by section 14;
'leave Australia', in relation to a person, means, subject to section 26ZU
(leaving without going to other country), leave the migration zone;
'migration zone' means the area consisting of the States, the Territories,
Australian resource installations and Australian sea installations and, to
avoid doubt, includes:

   (a)  land that is part of a State or Territory at mean low water; and

   (b)  sea within the limits of both a State or a Territory and a port; and

   (c)  piers, or similar structures, any part of which is connected to such
        land or to ground under such sea; but does not include sea within the
        limits of a State or a Territory but not in a port;
'non-disclosable information' means information or matter:

   (a)  whose disclosure would, in the Minister's opinion, be contrary to the
        national interest because it would:

        (i)    prejudice the security, defence or international relations to
               Australia; or

        (ii)   involve the disclosure of deliberations or decisions of the
               Cabinet or of a committee of the Cabinet; or

   (b)  whose disclosure would, in the Minister's opinion, be contrary to the
        public interest for a reason which could form the basis of a claim by
        the Crown in right of the Commonwealth in judicial proceedings; or

   (c)  that is information or matter that was given to the Minister or an
        officer in confidence; and includes any document containing, or any
        record of, such information or matter;
'old visa' means a visa, document, or notation, that:

   (a)  permits a person to travel to Australia; and

   (b)  was issued before 1 November 1993; and

   (c)  has not been cancelled or otherwise stopped being in force;
'permanent visa' has the meaning given by subsection 25(1);
'protected area' means an area that is:

   (a)  part of the migration zone; and

   (b)  in, or in an area in the vicinity of, the Protected Zone;
'questioning detention' means detention under section 54Z;
'Refugee Review Tribunal' means the Refugee Review Tribunal established by
section 166J;
'refused immigration clearance' has the meaning given by subsection 54HS(3);
'remain in Australia', in relation to a person, means remain in the migration
zone;
'remove' means remove from Australia;
'removee' means an unlawful non-citizen removed, or to be removed, under
Division 4D of Part 2; 'RRT-reviewable decision' has the meaning given by
section 166B;
'special category visa' has the meaning given by section 26A;
'substantive visa' means a visa other than a bridging visa or a criminal
justice visa;
'temporary visa' has the meaning given by subsection 25(2);
'unlawful non-citizen' has the meaning given by section 15;
'visa' includes an old visa;
'visa applicant' means an applicant for a visa and, in relation to a visa,
means the applicant for the visa;
'visa holder' means the holder of a visa and, in relation to a visa, means the
holder of the visa;
'visa tax' means tax under the Migration (Delayed Visa Applications) Tax Act 
1992 ;";

   (d)  by omitting subsections (5), (5A), (8), (9), (10) and (10A);
(e) by omitting from paragraph (12)(a) "Part 3" and substituting "Part 3 or
4A";
(f) by omitting from paragraph (12)(b) "Part III" and substituting "Part 3 or
4A";

   (g)  by omitting subsections (26) and (28).".