2. This Act commences on the day on which it receives the Royal Assent.

3. The object of this Act is to simplify the immigration “points” system.

4. Section 4 of the Principal Act is amended:

(a) by omitting from subsection (1) the definitions of “applicable pool entrance mark”, “applicable priority mark” and “score”;

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

“ ‘applicable pass mark’ means:

(a) in relation to a visa of a particular class—the number of points specified as the pass mark for that class in a notice under section 32 in force at the time concerned; and

(b) in relation to an entry permit of a particular class—the number of points specified as the pass mark for that class in a notice under section 42 in force at the time concerned;”;

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

“ ‘applicable pool mark’, in relation to a visa of a particular class, means the number of points specified as the pool mark for that class in a notice under section 32 in force at the time concerned;

‘assessed score’ means:

(a) in relation to an applicant for a visa—the total number of points given to the applicant in an assessment under section 30; or

(b) in relation to an applicant for an entry permit—the total number of points given to the applicant in an assessment under subsection 41(2);”.

5. Section 23 of the Principal Act is amended by omitting from subsection (3) “necessary” and substituting “qualifying”.

6. Section 24 of the Principal Act is amended:

(a) by omitting from subsection (4) “, including if necessary by reassessing the applicant’s score under section 30,”;

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

“(4A) A reconsideration under subsection (4) does not involve the re-assessment of the applicant’s assessed score under section 30.”;

(c) by omitting subsection (8).

7. Section 29 of the Principal Act is amended by omitting “necessary” and substituting “qualifying”.

8. Section 31 of the Principal Act is amended by omitting subsections (1), (2), (3), (4) and (5) and substituting the following subsections:

“(1) An applicant whose assessed score is more than or equal to the applicable pass mark at the time when the score is assessed is taken to have received the qualifying score.

“(2) An applicant whose assessed score is less than the applicable pool mark at the time when the score is assessed is taken not to have received the qualifying score.

“(3) If an applicant’s assessed score is more than or equal to the applicable pool mark, but less than the applicable pass mark, at the time when the score is assessed:

(a) the Minister must, unless the application is withdrawn, put the application aside and deal with it in accordance with section 31A; and

(b) if the Minister puts the application aside—the Minister is taken to have put the application into a pool.”.

9. After section 31 of the Principal Act the following section is inserted:

Applications in pool

When section applies

“31A.(1) This section applies if the Minister puts an application into a pool.

How applications to be dealt with

“(2) If, within 12 months after the assessment of the applicant’s assessed score, the Minister gives a notice under section 32 varying the applicable pass mark or the applicable pool mark:

(a) the Minister must, without re-assessing that score, compare that score with the applicable pass mark and the applicable pool mark; and

(b) if that score is more than or equal to the applicable pass mark—the applicant is taken to have received the qualifying score; and

(c) if that score is less than the applicable pool mark—the applicant is taken not to have received the qualifying score; and

(d) if that score is more than or equal to the applicable pool mark but less than the applicable pass mark—the application remains in the pool until it is removed from the pool (see subsection (3)).

Removal of applications from pool

“(3) An application in the pool is taken to have been removed from the pool at whichever is the earliest of the following times:

(a) the end of 12 months after the assessment of the applicant’s assessed score;

(b) the earliest time (if any) when the applicant is taken to have received the qualifying score as the result of the operation of subsection (2);

(c) the earliest time (if any) when the applicant is taken not to have received the qualifying score as the result of the operation of subsection (2).

Removal from pool after 12 months treated as failure to receive qualifying score

“(4) If an application is removed from the pool because of paragraph (3)(a), the applicant is taken not to have received the qualifying score.”.

10. Section 32 of the Principal Act is amended:

(a) by omitting from subsection (1) “pool entrance mark and the priority mark” and substituting “pool mark”;

(b) by adding at the end of subsection (3) “and also operates as a variation of the mark specified in the previous notice”;

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

“(5) This Act does not prevent a pool mark and a pass mark from being equal.

“(6) This Act does not prevent a pool mark and a pass mark from being varied independently of each other.”.

11. Section 33 of the Principal Act is amended by omitting from subsection (3) “necessary” and substituting “qualifying”.

12. Section 41 of the Principal Act is amended:

(a) by omitting from subsections (1), (3) and (4) “necessary” and substituting “qualifying”;

(b) by omitting from subsections (3) and (4) “applicable priority mark” and substituting “applicable pass mark”;

(c) by omitting from subsections (3) and (4) “whose score” and substituting “whose assessed score”.

13. Section 42 of the Principal Act is amended by omitting from subsection (1) “priority mark” and substituting “pass mark”.

14. The amendments made by this Act apply to an application for a visa or an entry permit if the application:

(a) was made after the commencement of this section; or

(b) was made before the commencement of this section and was not:

(i) withdrawn; or

(ii) granted; or

(iii) refused;

before the commencement of this section.

Transitional provisions—visas

Applications to which section applies

15.(1) This section applies in relation to a visa application covered by section 14.

Section 30 assessment

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; Nos. 59 and 61, 1989; No. 37, 1990; Nos. 70, 86, 196 and 198, 1991; and Nos. 24, 84, 85, 175, 176, 184, 213, 220 and 235, 1992.

[Minister’s second reading speech made in—

Senate on 7 October 1993

House of Representatives on 22 November 1993]