Compilation #0 | Effective 1989-11-01
FRBR Work URI: /akn/au/act/1995/102
9. Section 36 of the Principal Act is amended:
(a) by omitting from subsection (1) “A person who” and substituting “Subject to subsection (1AA), a person who”;
(b) by omitting from subsection (1A) “Where a person” and substituting “Subject to subsection (1AA), where a person”;
(c) by inserting after subsection (1A) the following subsections:
“(1AA) If a person is taken into custody under subsection (1) or (1A) and the vessel referred to in the subsection concerned:
(a) is destroyed before leaving Australia or for any other reason will not, or is unlikely to, leave Australia; or
(b) both:
(i) was not the vessel on board which the person last left another country prior to the person’s arrival at the port referred to in that subsection; and
(ii) arrived at that port with the person on board without having entered any other country since last leaving a port (whether or not the same port) in Australia;
the person may be kept in custody under that subsection until:
(c) the person is granted an entry permit; or
(d) the end of such period as is necessary to remove the person from Australia after:
(i) the person asks the Minister, in writing, to be removed from Australia; or
(ii) all applications by the person to remain in Australia have been refused and any associated appeals or reviews have been finalised; or
(iii) all consideration of whether the person will be permitted to remain in Australia has been otherwise concluded; or
(e) such earlier time as an authorised officer directs.
“(1AB) For the purposes of subsections (1) and (1A), a person is taken not to have entered Australia before arriving at a port on board a vessel if:
(a) every entry into Australia by the person before that arrival consists of the person temporarily disembarking from the vessel (other than at a port); and
(b) after the temporary disembarkation, the person re boards the vessel and later arrives at the port on board the vessel.”.
Amendments to apply despite repeal of section 88
10. It is the intention of the Parliament that, despite the repeal of section 88 of the Principal Act by the Migration Reform Act 1992 before this Act receives the Royal Assent, the amendments made by section 9 of this Act are to have effect from 1 November 1989 until the repeal of section 88.
Transitional—renumbering of Migration Act by
Migration Legislation Amendment Act 1989
Effect on section 35 of the Migration Legislation Amendment Act 1989
11.(1) Section 35 of the Migration Legislation Amendment Act 1989 applies as if the amendments made by sections 5, 8 and 9 of this Act had not been made.
Renumbering of inserted section
(2) Immediately after the commencement of section 35 of the Migration Legislation Amendment Act 1989, the section inserted by section 5 of this Act is renumbered so that it bears the number consisting of the number of the section of the Principal Act immediately before it, followed by “AA”.
Inserted subsections are renumbered
(3) Immediately after the commencement of section 35 of the Migration Legislation Amendment Act 1989, the subsections inserted by sections 8 and 9 of this Act are renumbered so that they bear consecutive numbers consisting of the number of the subsection of the Principal Act immediately before the first of the subsections inserted, followed by upper case letters in alphabetical order starting with “A”.
Cross-references are corrected
(4) Immediately after the commencement of section 35 of the Migration Legislation Amendment Act 1989, each provision of the amended Act that refers to a provision of the amended Act that has been renumbered by
section 35 of the Migration Legislation Amendment Act 1989 or under this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as so renumbered.
Amended Act
(5) In this section “amended Act” means the Principal Act as amended by this Act.
Transitional—renumbering of Migration Act by
Migration Legislation Amendment Act 1994
Effect on section 83 of the Migration Legislation Amendment Act 1994
12.(1) Section 83 of the Migration Legislation Amendment Act 1994 applies as if the amendments made by sections 5,6 and 8 of this Act had not been made.
Renumbering of inserted section
(2) Immediately after the commencement of section 83 of the Migration Legislation Amendment Act 1994, the section inserted by section 5 of this Act is renumbered so that it bears the number consisting of the number of the section of the Principal Act immediately before it, followed by “A”.
Inserted subsection is renumbered
(3) Immediately after the commencement of section 83 of the Migration Legislation Amendment Act 1994, the subsection inserted by section 8 of this Act is renumbered so that it bears the number of the subsection of the Principal Act immediately before it, followed by “A”.
Valid visa application
13. Section 46 of the Principal Act is amended by inserting in paragraph (1)(d) “48A (protection visa), 91E (CPA and safe third countries),” before “161”.
14. After section 48 of the Principal Act the following sections are inserted:
Non-citizen refused a protection visa may not make further application for protection visa
“48A.(1) Subject to section 48B, a non-citizen who, while in the migration zone, has made:
(a) an application for a protection visa, where the grant of the visa has been refused (whether or not the application has been finally determined); or
(b) applications for protection visas, where the grants of the visas have been refused (whether or not the applications have been finally determined);
may not make a further application for a protection visa while in the migration zone.
“(2) In this section:
‘application for a protection visa’ includes:
(a) an application for a visa, or entry permit (within the meaning of this Act as in force immediately before 1 September 1994), a criterion for which is that the applicant is a non-citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol; and
(b) an application for a decision that a non-citizen is a refugee under the Refugees Convention as amended by the Refugees Protocol; and
(b) an application covered by paragraph (a) or (b) that is also covered by section 39 of the Migration Reform Act 1992.
Minister may determine that section 48A does not apply to non-citizen
“48B.(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that section 48A does not apply to prevent an application for a protection visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day on which the notice is given.
“(2) The power under subsection (1) may only be exercised by the Minister personally.
“(3) If the Minister makes a determination under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest.
“(4) A statement under subsection (3) is not to include:
(a) the name of the non-citizen; or
(b) any information that may identify the non-citizen; or
(c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.
“(5) A statement under subsection (3) is to laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the determination is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
(b) if the determination is made between 1 July and 31 December (inclusive) in a year-1 January in the following year.
“(6) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any non-citizen, whether he or she is requested to do so by the non-citizen or by any other person, or in any other circumstances.”.
Withdrawal of visa application
15. Section 49 of the Principal Act is amended by omitting from subsection (3) “section 48” and substituting “sections 48 and 48A”.
Only new information to be considered in later protection visa applications
16. Section 50 of the Principal Act is amended by adding at the end:
"Note: Section 48A prevents repeat applications for protection visas in most circumstances where the applicant is in the migration zone.”.
Decisions reviewable by Federal Court
17. Section 475 of the Principal Act is amended by inserting in paragraph (2)(e) “48B, 91F” after “section”.
Application of amendment of section 475
18. The amendment made by section 17 applies to decisions whether made before or after the commencement of this section.
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NOTE
Migration Act 1958
1. 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; Nos. 24, 84, 85, 175, 176, 184, 213, 220 and 235, 1992; No. 59, 1993; and Nos. 14, 20 and 60, 1994.
1. The alterations to the heading to section 35 (that is renumbered as section 87 by the Migration Legislation Amendment Act 1989) by the Migration Legislation Amendment Act 1989 and the Migration Amendment Act 1992 are taken not to have been made.
2. The alterations to the heading to section 36 (that is renumbered as section 88 by the Migration Legislation Amendment Act 1989) by the Migration Legislation Amendment Act 1989, the Migration Amendment Act 1991 and the Migration Amendment Act 1992 are taken not to have been made.
1. Section 4 of the Principal Act was renumbered as section 3 by section 35 of the Migration Legislation Amendment Act 1989.
2. Section 35 of the Principal Act was renumbered as section 87 by section 35 of the Migration Legislation Amendment Act 1989.
3. Section 36 of the Principal Act was renumbered as section 88 by section 35 of the Migration Legislation Amendment Act 1989.
4. Subsection (1A) of that section of the Principal Act was renumbered as subsection (2) by section 35 of the Migration Legislation Amendment Act 1989.
[Minister’s second reading speech made in—
House of Representatives on 28 February 1995 Senate on 1 March 1995]
NOTES ABOUT SECTION HEADINGS
NOTES ABOUT RENUMBERING OF SECTIONS