3. Section 4 of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “valid visa” and substituting the following definition:

“ ‘valid visa’ means a document, notation or visa that has not been cancelled under this Act or otherwise stopped being in force, being:

(b) by omitting from subsection (1) the definition of “visa” and substituting the following definition:

“ ‘visa’ means an entry visa or a travel-only visa;”;

“; or (f) any other person authorised by the Minister, by notice published in the Gazette, to be an officer for the purposes of this Act;”;

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

“ ‘entry visa’ has the meaning given in section 17;

‘processing area’ means an area nominated by the Minister under section 54a;

‘prohibited person’ means a person who has become a prohibited person under section 54d;

‘refugee’ has the same meaning as it has in Article 1 of the Refugees Convention or in that Article as amended by the Refugees Protocol;

‘Refugees Convention’ means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951;

‘Refugees Protocol’ means the Protocol relating to the Status of Refugees done at New York on 31 January 1967;

‘travel-only visa’ means any visa except an entry visa;

‘unprocessed person’ has the meaning given by section 54b;”;

(f) by adding at the end the following subsections:

“(27) To avoid doubt, in this Act ‘is taken’, when followed

by the infinitive form of a verb, has the same force and effect as ‘is deemed’ when followed by the infinitive form of that verb. “(28) To avoid doubt, except as provided by subsections 115 (5) and (6) and 137 (1) and (2):

4. Section 13 of the Principal Act is amended:

“; or (d) if the person withdraws his or her application for an entry permit, a review under Part 3 or a review by the Federal Court before the decision referred to in paragraph (a), (b) or (c) respectively is made—starting when the person makes the application and ending when he or she withdraws it;”.

5. After section 16 of the Principal Act the following sections are inserted:

Visas

“16a. The holder of a valid visa may travel to Australia.

Travel-only visas

“16b. A travel-only visa does not entitle its holder to enter Australia or be granted an entry permit.”.

6. Section 17 of the Principal Act is amended by omitting subsections (1), (2) and (3) and substituting the following subsections:

“(1) An entry visa may be granted to a person who has entered Australia or who is in another country.

“(2) The holder of an entry visa that is in force may enter Australia.

“(3) If the holder of an entry visa leaves Australia while the entry visa is in force, the holder may re-enter Australia if it is still in force.

“(3a) The holder of an entry visa may enter Australia only if he or she:

in any other country after leaving the country of embarkation of the pre-cleared flight and before arriving in Australia.

“(3b) An entry visa must not be granted to a statutory visitor.”.

7. Section 18 of the Principal Act is repealed and the following section is substituted:

Effect of entry visas

“18. (1) While the holder of an entry visa is not in Australia, the entry visa has effect as if it were a travel-only visa until the holder enters Australia (whether or not the holder has previously entered Australia while the entry visa was in force).

“(2) When the holder of an entry visa enters or re-enters Australia, the entry visa has effect as if it were an entry permit.

“(3) If an entry visa is granted in Australia to a person who has entered Australia, the entry visa has effect, when granted, as if it were an entry permit.

“(4) An entry visa has effect subject to any limitation on the period during which the holder is authorised to travel to or remain in Australia, and to any conditions, to which the entry visa is subject.”.

8. Section 20 of the Principal Act is amended:

“(ca) the person has ever made, or caused to be made, a false or misleading statement in a declaration covered by subsection 24 (1a) or 34 (1a); or”;

“(1a) If:

prescribed physical or mental condition when he or she left Australia or he or she developed a prescribed disease or a prescribed physical or mental condition after leaving Australia;

subparagraph (1) (d) (i) does not apply to the person in relation to that disease or condition unless the person was suffering from the disease or condition when the person was first granted a permanent entry permit and he or she did not disclose that fact at that time.”;

(h) by omitting from subparagraph (2) (b) (ii) “particular.” and substituting “particular; or”;

(i) by adding at the end of paragraph (2) (b) the following subparagraph:

“(iii) the person made, or caused to be made, a false or misleading statement in a declaration covered by subsection 34 (1a).”;

(j) by inserting after subsection (4) the following subsection:

“(4a) If:

the authorised officer must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 20 (1) applies, or would apply, for the reasons set out in the notice.”;

(k) by inserting after subsection (14) the following subsection:

“(14a) In subsection (1a):

‘prescribed disease’ means a disease prescribed for the purposes of subparagraph (1) (d) (i);

‘prescribed physical or mental condition’ means a physical or mental condition prescribed for the purposes of subparagraph (1) (d) (i).”.

9. Section 23 of the Principal Act is amended by omitting paragraph (4) (a) and substituting the following paragraph:

“(a) in the case of an entry visa—the condition that, despite section 18, the entry visa will be taken not to be a valid entry permit for the purposes of section 47;”.

10. Section 24 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) If the applicant is a non-citizen, a form approved for the purposes of subsection (1) must:

11. Section 34 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1a) If:

the form approved must:

12. Section 47 of the Principal Act is repealed and the following section is substituted:

Permanent entry permit not to be granted to non-citizen after entry into Australia unless the non-citizen holds a temporary entry permit

“47. (1) A permanent entry permit must not be granted to a non-citizen after entry into Australia unless the non-citizen is the holder of a valid temporary entry permit.

“(2) In this section:

‘valid temporary entry permit’ does not include:

13. Section 53 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) the Minister has determined, in writing, that the statutory visitor is a refugee.”.

14. After Division 4 of Part 2 the following Division is inserted:

“Division 4 a — Unprocessed persons

Processing areas

“54a. The Minister may, by notice published in the Gazette, nominate areas to which unprocessed persons may be taken for the purposes of section 54b.

Unprocessed persons

“54b. (1) If:

the following provisions have effect:

(i) from the vessel on which the person travelled to Australia; or

(ii) if the person has disembarked at a proclaimed airport but has not left the airport—from the airport;

(e) at the direction of an authorised officer, the person may be taken to a processing area.

“(2) The unprocessed person:

“(3) Within 7 days after an unprocessed person is taken to a processing area, an authorised officer may cause a written notice to be served on the master, owner, agent or charterer of the vessel on which the unprocessed person travelled to Australia to the effect that, if the unprocessed person becomes a prohibited person, the master, owner, agent and charterer of the vessel:

(i) the cost of transporting the person and a custodian of

the person to a processing area, or from one processing area to another; and

(ii) the daily maintenance amount for each custody day until the person is removed from Australia; and

(iii) the cost of transporting the person and a custodian of the person from the processing area or the place where the person has been kept in custody to the vessel on which the person is to leave Australia.

Restraint of unprocessed persons

“54c. An officer may:

(i) is granted an entry permit; or

(ii) becomes a prohibited person;

whichever happens first.

Prohibited persons

“54d. An unprocessed person becomes a prohibited person if the person:

Maintenance of prohibited persons

“54e. (1) If an unprocessed person becomes a prohibited person, the master, owner, agent and charterer of the vessel on which the person travelled to Australia are jointly and severally liable to pay the Commonwealth:

“(2) Subsection (1) does not apply to the master, owner, agent or charterer of the vessel if the master, owner, agent or charterer was not

given a notice under subsection 54b (3) in relation to the prohibited person within 7 days after the prohibited person was first taken to a processing area as an unprocessed person.

Removal of prohibited persons

“54f. (1) A prohibited person:

“(2) When an unprocessed person becomes a prohibited person, an authorised officer may, by written notice served on the master, owner, agent or charterer of the vessel on which the person travelled to Australia, require the master, owner, agent or charterer to remove the person from Australia at no cost to the Commonwealth, whether or not the person is able or willing to pay, or agrees to pay, a charge for his or her removal from Australia.

“(3) The master, owner, agent or charterer must:

“(4) Subsection (3) does not apply to the master, owner, agent or charterer unless:

“(5) Failure to serve a notice in relation to a person under subsection (2) of this section or subsection 54b (3) does not prevent the person from being removed from Australia in accordance with arrangements made by an authorised officer.

Officers’ powers of arrest

“54g. An officer may:

(a) without warrant, arrest an unprocessed person or a prohibited person who:

(i) leaves a processing area:

(a) without being required to do so by an authorised officer; or

(b) without having been given written permission by an authorised officer to be temporarily absent from the processing area for a prescribed purpose; or

(ii) having been given written permission by an authorised officer to be temporarily absent from a processing area for a prescribed purpose, refuses or fails to return to the processing area before the end of that period of temporary absence; or

(iii) escapes from custody; and

(b) take the person to the processing area, or keep the person in custody, as directed by an authorised officer.

Daily maintenance amount

“54h. (1) For the purposes of this Division, the Minister may, by notice published in the Gazette, determine, in relation to each State and Territory, a daily maintenance amount in relation to the State or Territory.

“(2) In making a determination under subsection (1) in respect of a State or Territory, the Minister must have regard to the cost to the Commonwealth of persons kept in custody in that State or Territory on behalf of the Commonwealth.

“(3) An amount payable to the Commonwealth under this Division may be recovered by the Commonwealth, as a debt due to the Commonwealth, in a court of competent jurisdiction.

“(4) In this Division:

‘custody day’, in relation to a person, means a day during the whole of which the person is or was in custody, or in a processing area, or partly in custody and partly in a processing area;

‘daily maintenance amount’, in relation to a custody day in relation to a person, means the daily maintenance amount most recently determined by the Minister under subsection (1) before that day, in relation to the State or Territory in which the person was, on that day, in custody, or in a processing area, or partly in custody and partly in a processing area;

‘day’ means a period of 24 hours ending at midnight.”.

15. Section 60 of the Principal Act is amended by adding at the end of subsection (2) “unless the person consents, in writing, to being deported sooner”.

16. Section 63 of the Principal Act is amended by adding at the end the following subsection:

“(3) If a person who is the subject of a deportation order leaves Australia voluntarily before the order is executed, the person is taken, for the purposes of this Act, to have been deported in accordance with the order.”.

17. Section 76 of the Principal Act is amended by omitting from subsection (2) “$5,000” and substituting “$10,000”.

18. Section 88 of the Principal Act is amended:

“(8) A person who is taken ashore under subsection (1), (2) or (3):

19. Section 89 of the Principal Act is amended:

“(7a) Subsection (7) does not apply to the master, owner, agent or charterer of the aircraft unless a notice was served on

the master, owner, agent or charterer in accordance with subsection (4).

“(7b) A person who is taken into custody under subsection (1), (2) or (3) may be kept in custody until the person is removed from Australia in accordance with arrangements made by an authorised officer.

“(7c) Failure to give a notice in accordance with subsection (4):

(c) by omitting subsection (8) and substituting the following subsections:

“(8) A person who is taken into or held in custody under this section:

(i) if the entry permit is granted while the person is at a proclaimed airport—he or she is taken to enter Australia when he or she first leaves the airport after the entry permit is granted; and

(ii) if the entry permit is granted after the person has been taken from a proclaimed airport—he or she is taken to enter Australia when the entry permit is granted.

“(8a) An officer may, without warrant, arrest a person who has escaped from custody in which the person was being held under this section and return the person to custody.”.

20. After section 89 of the Principal Act the following section is inserted:

Transfer of person in custody under section 88 or 89 to a processing area

“89a. A person taken into custody under section 88 or 89:

(i) become an unprocessed person upon being taken to the processing area; and

(ii) been taken to the processing area under section 54b; and

(c) if he or she is taken to a processing area—the person is taken to have ceased to be in custody under section 88 or 89, as the case may be.”.

21. Section 115 of the Principal Act is amended:

(a) by omitting subsections (3) and (4) and substituting the following subsection:

“(3) The regulations must not provide a period during which an application for review of a reviewable decision may be made that is longer than:

(b) by omitting paragraph (5) (b) and substituting the following paragraph:

“(b) substitute for the reviewed decision:

(i) the decision sought by the applicant in the primary application; or

(ii) another decision in terms to which the applicant agrees.”;

(c) by omitting paragraph (6) (b) and substituting the following paragraph:

“(b) substitute for the reviewed decision:

(i) the decision sought by the applicant in the primary application; or

(ii) another decision in terms to which the applicant agrees.”.

22. Section 116 of the Principal Act is amended by omitting subsections (3) and (4) and substituting the following subsection:

“(3) The regulations must not provide a period during which an application for review of a reviewable decision may be made that is longer than:

23. Section 120 of the Principal Act is amended:

(a) by inserting in paragraph (1) (a) “(other than a prescribed decision made under prescribed regulations made before 1 July 1991)” after “a decision”;

(b) by omitting paragraph (1) (d) and substituting the following paragraph: “(d) a decision by the Minister that a person is not a refugee;”.

24. Section 156 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

“(1) The Senior Members must be paid remuneration and allowances equal to the maximum remuneration and allowances payable to the holder of an SES office classified as SES Band 1.

“(2) The other full-time members must be paid remuneration and allowances equal to the minimum remuneration and allowances payable to the holder of an SES office classified as SES Band 1.”.

25. Section 181 of the Principal Act is amended by omitting from paragraph (1) (j) “$1,500” and substituting “$3,000”.

26. The Principal Act is amended as set out in the Schedule.

27. In spite of the amendments of sections 88 and 89 of the Principal Act made by this Act, those sections continue to apply, in relation to a person taken into custody before the commencement of this section, as if those amendments had not been made.

SCHEDULE Section 26

MINOR AMENDMENTS OF PRINCIPAL ACT

Paragraph 57 (7) (a):

Insert “or her” after “his”.

Subsection 69 (6) (definition of “arrested person”):

Omit “applied”, substitute “applies”.

Subsection 89 (5):

Insert “or her” after “him”.

Subsection 118 (6):

Omit “a review authority”, substitute “the Tribunal”.

No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; Nos. 86, 104, 133 and 141, 1987; Nos. 5, 38, 49 and 151, 1988; and Nos. 59 and 61, 1989.

On the commencement of this Act, the heading to Migration Act 1958 is altered by omitting “review not applied for” and substituting “illegal entrants”.section 37 of the

[Minister’s second reading speech made in—

House of Representatives on 17 April 1991

Senate on 5 June 1991]