“(1) The Secretary to the Attorney-General’s Department, or an officer of that Department authorised by that Secretary, may issue a certificate in writing stating that the presence of a specified non-citizen in Australia is required for purposes connected with the Extradition Act 1988 or the Mutual Assistance in Criminal Matters Act 1987. “(2) The regulations may make provision in relation to the operation and regulation of detention centres. (b) is not required to obtain evidence (orally or otherwise) from a person named in the applicant’s notice. “(4) The conditions subject to which visas may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to: (a) the condition that if, because of section 10, the visa has effect as if it were an entry permit, it will be taken, in spite of section 10, not to be a valid entry permit for the purposes of section 11ZD; (b) the condition that, in spite of anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted an entry permit while he or she remains in Australia; and. 22 Division 6 of Part II of the Principal Act is repealed and the following Division is substituted: “Division 6—Regulation of conduct of third parties in connection with the making of decisions, “46 Offences in relation to false or misleading statements regarding the making of decisions. It provides for certain cash and medical benefits to industrial employees in case of sickness, maternity … “(2) The Governor-General may remove a member from office if: (b) the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; (c) the member compounds with his or her creditors; (d) the member makes an assignment of remuneration for the benefit of his or her creditors; (e) the member has a direct or indirect pecuniary interest in an immigration advisory service; (f) the member is absent from duty, except on leave of absence granted under section 64ZQ, for 14 consecutive days or 28 days in any 12 months; (g) the member, being a full-time member, engages in paid employment outside the duties of the office of member without the written consent of the Minister;or. “(5) The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances. review under Part III does not include an appeal to the Federal Court under section 64V. 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. Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”. “; or (c) if an event of the kind referred to in paragraph 5E(e) of the Migration Act 1958, as in force from time to time on or after the prescribed date, had occurred, would have become illegal entrants because of subsection 6(4) of that Act as so in force;”. “(3) The Principal Member may lay down written guidelines for the allocation of the work of the Tribunal. (a) obstruct or hinder the Tribunal or a member in the performance of the functions of the Tribunal; or. Commencement 2. The Employees’ State Insurance (Amendment) Act, 1989. A person shall not obstruct, hinder, deceive or mislead any person exercising powers or performing duties under or for the purposes of this Act or the regulations. Can a surrogate mother claim right over the child and What are the rights available to a Commissioned Parent’s ? exempt visa means a visa included in a prescribed class of visas. “(11) The power under subsection (5) or (6) is not to be exercised to grant an entry permit to a person who is the holder of a visa or temporary entry permit that was granted subject to the condition set out in paragraph 11D(4)(b) or 11P(4)(b). Theintactfront 5 Dec 2018. (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. Insert “, as an illegal entrant” after “non-citizen”. (d) refers to the evidence or any other material on which the findings of fact were based. “(4) A direction under subsection (3) shall specify the period during which the person is to be taken to continue to act in the office. “48 Effect of contravention of section 46 or 47 on charging for services. Omit “he”, substitute “the arrested person”. “(1) Subsections (2) and (3) apply where: (a) a person (in this section called the agent) has, after the commencement of this section, entered into an arrangement with another person under which the agent is to perform services in connection with the making of a decision under this Act; and, (i) before the arrangement was entered into, the agent made, or caused or permitted to be made, a statement to the other person in contravention of section 46; or. Taking into account the changes in economic scenario in the country since 1989, the ESI Corporation, at its 139tn meeting held on 17-7-2007, while discussing amendments in certain provisions of the ESI Act, decided that a … “(2) The Tribunal may combine the reviews of 2 or more reviewable decisions made in respect of the same person. (b) Omit “her” (wherever occurring), substitute “it”. “(5) If, while valuables are being kept pursuant to subsection (2), the arrested person becomes liable under section 21A or 21B to pay an amount to the Commonwealth, the Secretary shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d): arrested person means the person to whom the direction under section 21D applied. (c) another person approved in writing by the Minister for the purposes of this section; who is authorised in writing by the presiding member. Section 66A of the Principal Act is amended by omitting from subsection (3) “or (1A)” and substituting “, (1A) or (1B)”. (b) the entry was authorised by section 9. “11ZC Entry permits not to be granted to persons outside Australia. An entry permit shall not be granted to a person while a deportation order is in force in respect of the person. (a) the name of a child is included in the passport or other document of identity of a parent of the child; and. (6) The several subsections of each section of the amended Act are renumbered so that they bear consecutive arabic numerals enclosed in brackets starting with “(1)”. “11M Initial application of points system. (a) the holder of a valid temporary entry permit who is included in a prescribed class of persons granted temporary entry permits to enable them to enter Australia for the purpose of engaging in study or training; (b) the holder of a valid temporary entry permit who: (i) is the spouse or a child of a person referred to in paragraph (a); and, (ii) was granted a temporary entry permit permitting him or her to enter Australia only because he or she was the spouse or child of that person; or. 35 Renumbering and re-lettering of the Migration Act. “(1) Subject to this section, the Tribunal shall take oral evidence in public. “(2) Where a notice under subsection (1) is published in the Gazette, no official shall take any action in relation to any application for an entry permit of the class concerned made by an applicant who has entered, and remains in, Australia until the resumption day. Notes to the Migration Legislation Amendment Act 1989. (a) Omit “he” (first occurring), substitute “the person”. child, in relation to a person, means an unmarried child of the person, being a child who: (b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family. Section 57 of the Principal Act is amended: (a) by omitting from subsection (1) “proceedings in a court under this Act or in relation to a deportation order—” and substituting “migration proceedings:”; (b) by omitting from subparagraph (1)(b)(i) “to the court”; (c) by inserting after paragraph (1)(b) the following paragraph: “(ba) a certificate signed by an officer stating that: (i) at a time, or during a period, specified in the certificate a specified person was, or was not, the holder of, a valid visa or a valid entry permit; (ii) a specified visa or entry permit was granted subject to specified conditions or to a specified limitation as to time; or. This Act commences on a day to be appointed by proclamation. “(5) An order in force under subsection (2): (a) is subject to such conditions as are specified in the order; and, (i) where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or. “(11) A person who has been convicted of a crime and ordered to be confined in a corrective institution other than a prison shall for the purposes of this section be taken to have been convicted of that crime and sentenced to imprisonment for the period equal to the period during which he or she was so confined. “(1) The master, owner, agent, charterer and operator of a vessel on which a non-citizen is brought into Australia on or after 1 November 1979 are each guilty of an offence against this section unless the person, on arrival in Australia: (a) is in possession of a valid visa applicable to his or her travel to Australia on that occasion; (b) is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 53A(1), from the operation of this section; or. “(5) Where the presiding member receives, pursuant to subsection (4), a record of evidence given by the applicant, the Tribunal shall, for the purposes of section 64M, be taken to have given the applicant an opportunity to appear before it to give evidence. (a) in relation to the granting and refusal of entry permits to statutory visitors, including the granting of entry permits: (b) for the recording and evidencing of entry permits granted to statutory visitors; (c) in relation to the effect and operation of entry permits granted to statutory visitors; and. Omit “by reason only of that he”, substitute “merely because the person”. (b) of the effect of subsection (2) of this section. (ii) the charging and recovery of fees in respect of English language tests conducted by or on behalf of the Department;”. “(3) The Secretary shall arrange for the valuables to be returned to the person from whom they were taken if: (a) the authorising notice stops being in force; (i) being an illegal entrant who is not a deportee, stops being an illegal entrant; (ii) being an illegal entrant who is a deportee, stops being a deportee and stops being an illegal entrant; or. under this Act. “11B Transitional provisions relating to Christmas Island. “(2) Where, because of the operation of subsection 6(2), a person is an illegal entrant even though the person holds a valid entry permit, the entry permit shall be taken to have been cancelled: (a) when the person entered Australia; or, “11S Restriction on applications for entry permits—review applied for. 2) 1988 but before the commencement of this section, in a manner and form specified in a determination in force under subsection 6AA(7) of this Act at the time of the grant; or. Part 3—Amendment of Migration Amendment Act (No. 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. “(4) The presiding member shall not, for the purposes of a review that is being conducted in Australia, summon a person under paragraph (3)(a) or (b) unless the person is in Australia. the person granting the visa must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 11A(1) applies or would apply for the reasons set out in the section 11A notice. The Principal Member may, by writing signed by him or her, delegate to a Senior Member all or any of the Principal Member’s powers under this Act. The following section is hereby substituted for section 23 of the principal Act: "Offences in respect of decorations and medals 23. (a) such duties, powers and functions as are provided by this Act and the regulations; and. (b) produced to an officer a passport that was not an Australian passport; is prima facie evidence that the person was, on arrival, a non-citizen. (g) except in the case of a person described in paragraph (b) of that definition—a declaration in relation to the person is made under section 8. The Section 63 of the Principal Act is replaced by another one, which makes provision for persons who is not entitle to receive sickness, disablement benefit for temporary disablement for the days on which he works and in respect of which he receives wages. (iii) a specified entry permit was, or was not, endorsed in a specified way under section 11A, or under section 16 of this Act as in force before the commencement of this paragraph; is prima facie evidence of the matters stated in the certificate;”; (a) proceedings in a court or the Immigration Review Tribunal: (ii) in relation to a deportation order; or. “(3) A notice under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse, child or aged parent of a person who: (b) is the holder of a valid permanent entry permit. (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). “(4) Where a person (other than a member of the Tribunal as constituted for the purpose of the review) exercises the power of the Tribunal to take evidence on oath or affirmation for the purpose of a review, the person shall cause a written record of the evidence taken to be made and sent to the presiding member. “(5) Where an application for a visa of a particular class is reconsidered pursuant to regulations made under subsection (4): (a) if the applicant’s score is more than or equal to the applicable pass mark—the applicant shall be taken to have received the necessary score; and. “(1) Where an application for review is made to the Tribunal, the Registrar shall, as soon as practicable, give the Secretary written notice of the making of the application. “(11) If the court confirms the notice, the court may make an order directing the Secretary to make provision, whether by returning valuables to which the notice relates or otherwise, for the meeting of either or both of the following: (a) the arrested person’s reasonable living expenses (including the reasonable living expenses of the arrested person’s dependants (if any)); (b) reasonable legal expenses incurred by the arrested person in relation to a matter arising under this Act. The Federal Court has jurisdiction with respect to matters arising under sections 64V and 64W, and that jurisdiction is exclusive of the jurisdiction of all other courts other than the jurisdiction of the High Court under section 75 of the Constitution. Secretary means the Secretary to the Department. “(4) If, in the course of a search under this section, a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b), is found, an authorised officer: (a) may take possession of the weapon, document or other thing; and. 12 (1) Section 21A of the Principal Act is repealed and the following sections are substituted: “21B Costs of keeping deportees in custody, “21C Orders restraining deportees and illegal entrants from disposing etc. (5) The several sections of the amended Act are renumbered in a single series so that they bear consecutive arabic numerals starting with “1”. Omit “he” (last occurring), substitute “the person”. “(1) A permanent entry permit shall not be granted to a non-citizen after entry into Australia unless at least one of the following paragraphs applies to the non-citizen: (a) he or she has been granted territorial asylum in Australia by instrument of a Minister; (i) is the holder of a valid temporary entry permit; and. “(5) Where paragraph (3)(b) requires the Minister to grant a visa, the Minister: (a) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and. Changes to Legislation. (d) administer an oath or affirmation to a person so appearing. permanent entry permit means an entry permit that is not subject to any limitation as to the time the holder is authorised to remain in Australia. “(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. A person who has been served, as prescribed, with a summons to appear before the Tribunal to give evidence and tendered reasonable expenses shall not, without reasonable excuse: (a) fail to attend as required by the summons; or. “(2) The Minister shall make the assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant. Federal Court means the Federal Court of Australia. “(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. (b) may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act. (ii) is, because of subsection 11U(1), taken to be included in the valid temporary entry permit referred to in paragraph (a); the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a). (a) an applicant is given a notice under paragraph (3)(a); and. (a) one of the child’s parents is the holder of a valid temporary entry permit; and, (i) is not the holder of a valid entry permit; or. Omit “he” (wherever occurring), substitute “the person”. (c) such number (not exceeding the prescribed number) of other members as are appointed in accordance with this Act. “(1) This subsection applies to a person, being a non-citizen, who has entered Australia, whether before or after the commencement of this section, if: (a) the person evaded an officer for the purpose of entering Australia; (b) when, or before, the person entered Australia, he or she: (i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry: (B) a passenger card containing information that was false or misleading in a material particular; or. “(1) This section applies where a member who constitutes the Tribunal, or who is one of the members who constitute the Tribunal, for the purposes of a particular review (in this section called the unavailable member): (b) for any reason, is not available for the purpose of the review at the place where the review is being conducted. “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.”. An entry permit granted to a non-citizen stops being in force when the non-citizen leaves Australia, and has no further force. (a) Omit “a prohibited non-citizen”, substitute “an illegal entrant”. (d) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest. The wage limit for coverage under the Act had been increased from Rs … (b) revoke any permission given by an authorised officer for the purposes of that condition. 15000 w.e.f 01-05-2010 (b) may obtain such other evidence as it considers necessary. (g) if a prosecution is instituted within that period of 14 days—for such further period as is required for the purposes of that prosecution. (b) where the decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year. “(6) In any proceeding for an offence against this section, a certificate signed by the Secretary stating that, at a time, or during a period, specified in the certificate, a specified person was not exempted, by an instrument under subsection 53A(1), from the operation of this section, is prima facie evidence that the person was not so exempted at that time or during that period. And substituting “ an authorised officer ”, substitute “ the authorised officer ”, substitute “ the ”. With the exercise of the application aside and substitute a decision on the ’... From subsection ( 5 ) or ( 2B ) ; and unit in respect of the Immigration review................................................................................................................... 96, “ 11ZK certain deportees the Marriage Act to entering into or remaining in.... 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