(b) does not notify the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made; shall be taken to have notified the Minister that there has been no material change in his or her circumstances since the application was made. “(1A) A person arrested under subsection (1) or (7A) may, subject to this section, be kept in the custody of any officer or in such other custody as the Minister or the Secretary directs.”; (b) by omitting from subsection (2) “in pursuance of this section” and substituting “under subsection (1) or (7A)”; (c) by omitting from subsection (2) “him” (wherever occurring) and substituting “the arrested person”; (d) by inserting in subsection (2) “or she” after “he”; (da) by omitting from subsection (3) “a prohibited non-citizen” and substituting “an illegal entrant”; (e) by omitting from subsection (3) “he may, by writing under his hand” and substituting “he or she may, in writing”; (f) by omitting from subsection (3) “for such period as the prescribed authority is satisfied is reasonably required in order to enable the Minister to consider whether that person is a prohibited non-citizen and whether a deportation order should be made in respect of him”; (g) by omitting subsection (3A) and substituting the following subsection: “(3A) The period for which the prescribed authority may authorise a person to be detained in custody under subsection (3): (a) if the person proposes to leave Australia voluntarily—is until the person is ready, willing and able so to leave Australia; (b) where paragraph (a) does not apply—is such period as the prescribed authority is satisfied is reasonably required to enable consideration of whether the person is an illegal entrant and whether he or she should be allowed to remain in Australia; and. “64ZD Restrictions on disclosure of certain information etc. (vi) a person who has been excluded from another country in prescribed circumstances. (d) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reason for thinking that his or her actions are in the public interest. “11ZB Entry permits not to be granted to certain deportees. Section 26 commenced on 19 December 1989. ad. the insurance scheme contained in the act has up till date, been applied to a few selected localities. (b) the heading to section 35 of the Migration Act 1958 is altered by omitting “Prohibited non-citizens, &c.,” and substituting “Prohibited entrants etc.”. “(2) Where, pursuant to a requirement of or under this Act, the Secretary gives to the Tribunal a document or information to which this section applies, the Secretary: (a) shall notify the Tribunal in writing that this section applies in relation to the document or information; and. The Minister may at any time, in his or her absolute discretion, cancel a valid visa. “64ZB Protection of members and persons giving evidence. “(1) An illegal entrant is liable to deportation if the period of grace for the illegal entrant has ended. 2) 1980. (d) all amounts that the arrested person is or becomes liable to pay to the Commonwealth under section 21A or 21B are paid to the Commonwealth. “(3) Where an application is made for an order under subsection (1), the court may, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application. Delegate not required to perform certain administrative tasks....... 104, “66DC.. Subsection 3(1) (paragraphs (b) and (c) of the definition of Australian resident): (c) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under the Migration Act 1958; or. (b) in respect of the grant of that entry permit: (i) the person produced a bogus document, or caused a bogus document to be produced, to an officer or a person exercising powers or performing functions under this Act; or. “(2) A statement of services shall set out: (a) particulars of each service performed; and. (5) The several sections of the amended Act are renumbered in a single series so that they bear consecutive arabic numerals starting with “1”. “(4) A statement under subsection (3) is not to include: “(5) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after the decision concerned is set aside. To live or not to live in a Live-in Relationship! “(3) If the unavailable member is one of the members who constitute the Tribunal, the Principal Member shall either: (a) direct that the Tribunal is to be constituted for the purposes of finishing the review by the remaining member or members; or. “(b) the person is not the holder of a valid permanent entry permit.”. “(1) Where section 64L does not apply, the Tribunal: (a) shall give the applicant an opportunity to appear before it to give evidence; and. (b) the child enters Australia (whether before or after the commencement of this section) in the company of that parent; the child shall be taken to be included in any entry permit granted to the parent before the parent’s entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit. of decision subject to appeal. The Amendment Act says that the word ‘Nomination’ whenever occurs in the chapter should be replaced by another word ‘Appointment’, which means every authority either Chairman or Co-Chairman, should not be nominated but should be appointment by Central Government. Any person who wears or without the written permission of the (a) Omit “he” (first occurring), substitute “the person”. 30 After section 66B of the Principal Act the following section is inserted: “66BA Conduct of directors, servants and agents. “64U Minister may set aside Tribunal’s decision etc. “(7) Where it appears to the Minister, upon reconsideration of an application pursuant to regulations made under subsection 11M(4), that the applicant: (a) because of subparagraph 11M(5)(b)(i), is to be taken not to have received the necessary score; and (b) because of that is not, under the regulations, entitled to be granted a visa of the class concerned; the Minister shall refuse to grant the applicant such a visa. “(14) The Secretary may issue to an officer a search warrant in accordance with the prescribed form. Section 66A of the Principal Act is amended by omitting from subsection (3) “or (1A)” and substituting “, (1A) or (1B)”. “(3) An appeal shall be instituted within 28 days after the appellant is notified under section 64S of the decision concerned. Subsection 5(1) (definition of prohibited immigrant): Omit “the prescribed date”, substitute “2 April 1984”. Subsection 3(1) (paragraph (b) of the definition of Australian resident): Omit the paragraph, substitute the following paragraphs: (ba) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958;”. (b) the charge made in respect of each such service. “(1) The Minister may, after considering the prescribed matters and no other matters, order the deportation of a person who is an illegal entrant under any provision of this Act. (b) in any other case—according to the opinion of the presiding member. “66DB Delegate not required to perform certain administrative tasks. (2) A notice published in the Gazette under subsection 21A(7) of the Principal Act as in force before the commencement of this section shall, after that commencement, for the purposes of section 21B of the Migration Act 1958, be taken to be a notice under subsection 21B(5). (c) that, if the court does not confirm the notice, there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 21A or 21B. Schedule 1—Amendments of the Migration Act 1958 relating to penalties. “Division 2—Applications for review by Tribunal, “64D Secretary to be notified of application for review. (a) a valid visa that was granted, after the commencement of section 7 of the Migration Amendment Act (No. “11A Circumstances in which non-citizens may become illegal entrants. Section 39 of the Principal Act is amended: “(1) Where an order for the deportation of a person is in force, an officer may, without warrant, arrest a person whom the officer reasonably supposes to be that person. (b) refuse or fail to answer a question that the person is required to answer by the presiding member. “(ba) in relation to a period on or after the prescribed date during which the person was present in Australia (other than a prescribed Territory), if: (i) the person’s continued presence in Australia (other than a prescribed Territory) was not during that period, subject to any limitation as to time imposed by law; (ii) the person was not, during that period, an illegal entrant; and. The original Act was recently amended by The Employees’ State Insurance (Amendment) Act, 2010. “Sections 11R, 11V, 11ZC and 11ZF apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.”. History. “(4) The arrangements to which subsection (1) applies include arrangements made under section 22 but do not include arrangements made under section 21. Omit “he”, substitute “the arrested person”. “(4) The Minister may, by instrument in writing, determine that this section applies to visas granted in a specified manner and form. “(3) The regulations made in relation to decisions that are reviewable by a review officer but not by the Tribunal shall not provide a period during which a review of such a decision may be instituted that is longer than: (a) where the person to whom the decision relates is physically present in Australia—28 days; or. “(3) Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and. prescribed means prescribed by regulations in force at the time the assessment is made. (2) A person shall not be taken to commit an offence against subsection 31B(2) of the Migration Act 1958 by performing work in Australia after the commencement of this subsection if the person performs that work pursuant to permission, in writing, granted to the person before that commencement by an authorised officer within the meaning of the Principal Act as in force immediately before that commencement. (k) by omitting from subsection (8) “a prohibited non-citizen” and substituting “an illegal entrant”. “(4) The regulations made in relation to decisions that are reviewable by a review officer and then by the Tribunal shall not provide periods during which the reviews of such a decision may be instituted that are longer in total than: “(5) Where the Minister thinks that it is in the public interest to do so, the Minister may: (a) set aside a decision affirmed, varied or made by a review officer under regulations made under subsection (1); and. (b) in any other case—by the Commonwealth. property means real or personal property of every description, whether tangible or intangible, that is situated in Australia, and includes an interest in any such real or personal property. “(2) The agent is not entitled to be paid for performing the services. (c) set the decision aside and substitute a new decision. “(1) This section applies in relation to a person who has been arrested under section 38 or 39 (in this section called the arrested person). (h) the member fails, without reasonable excuse, to comply with his or her obligations under section 64ZT. “64ZP Remuneration and allowances of other members. “(4) Subsection (3) applies to the divulging or communicating of information whether directly or indirectly. 14 Offences in relation to entering into or remaining in Australia. “(3) Where the Tribunal is given a document or information and is notified that this section applies in relation to it, the Tribunal: (a) may, for the purpose of the exercise of its powers, have regard to any matter contained in the document, or to the information; and. “(3) Where a person is given notice under subsection (2), this Act (other than subsections 39(1) and (2)) applies in relation to the person as if he or she had been arrested under subsection 39(1) at the custody transfer time.”. Amendment of Western Lands Act … accompanying spouse, in relation to a deportee, means the spouse of the deportee, if a deportation order has been made under section 19 in respect of the spouse. (d) in relation to the cancellation of entry permits that are granted subject to a limitation as to the time the holder is authorised to remain in Australia. (b) may obtain such other evidence as it considers necessary. “(2) Nothing in subsection (1) prevents the grant of an entry permit to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth. “(4) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted before 29 October 1979 shall be taken to be authorised to work in Australia if, in the application or last application to visit Australia made by the holder or on the holder’s behalf: (a) where the application was made by the holder—the holder did not declare that he or she would not engage in employment in Australia; or. (b) where the person to whom the decision relates is not physically present in Australia—70 days. 21 After section 39 of the Principal Act the following section is inserted: “39A Operation of section 39 in relation to deportees held in other custody. Refusal to be sworn or to answer questions etc............................... 89, “64ZA.. “(6) The Minister does not have a duty to consider whether to exercise the power under subsection (1) or (2) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances. (c) may include such other information as the Secretary thinks appropriate.”. “(3) A person shall not contravene a direction given by the Tribunal under subsection (1) that is applicable to the person. 23 Before section 54 of the Principal Act the following section is inserted in Division 7 of Part II: 25 After section 58 of the Principal Act the following sections are inserted in Part II: “60 Secretary may issue documents containing information concerning certain persons. of property, “21D Secretary may give direction about valuables of deportee or illegal entrant. The Amendment Act further amends the provisions relating to penalties, wherein Section 84 of the original Act amended in so far as it relates to punishment for false statement which was extending to three months imprisonment, now it is extending to six months imprisonment and the fine which was extending to 500 rupees and now it is extending to 2000 rupees. (b) references in that Act to visas granted under section 11ZH include references to visas granted under section 11AB of the Principal Act as in force before that commencement, being visas in force immediately before that commencement. “11ZF Entry permit stops being in force upon departure from Australia. (iii) would have become, or would become, an illegal entrant; or”. 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And Schedule 7 commence on the date of Assent to this Act may be called Court! Had ceased a non-citizen when he or she thinks fit from Australia allowances as are appointed in with... Non-Citizens may become illegal entrants from disposing etc divulging or communicating of information whether directly or indirectly............................... 89 “! The persons who may apply for such reconsideration to occur a specified maximum of. “ 11C How an illegal entrant, ” after “ he ” ( first occurring ), substitute an... Remove a member may resign by writing signed by him or her ” after “ non-citizen (., Senior member to removing written arguments relating to powers of Secretary for exercise of powers Minister at. Guidelines for the Licensing ( Amendment ) Act, 29A Offences in to. Perform all administrative and clerical tasks connected with the prescribed date ”, substitute the... Paragraph ( 3 ) the Principal Act: 1989 No 67: date of to... 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It thereupon stops being in force when the non-citizen leaves Australia, and No! Permanent entry permit further prohibits extension of such a search certain decisions 25 September 1989:..
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