Omit “$1,000 or imprisonment for 6 months”, substitute “$5,000 or imprisonment for 2 years, or both”. (ii) breached or will breach a condition subject to which a visa or entry permit was granted to the person. (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). “(2) In spite of any other provision of this Act, a deportation order made under this section shall not be executed before the period of grace for the person has ended.”. “(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse a visa if the decision had been made before the date of the notice concerned. “11ZA Entry permits not to be granted to certain persons after entry into Australia. “(7) Arrangements for the application of a ticket made by the Secretary pursuant to subsection (6) are as effective as they would have been if they had been made by the ticket holder. 8 Section 18 of the Principal Act is repealed and the following sections are substituted: “17A Mandatory deportation of illegal entrants. (a) for the Minister to reconsider an application that is put aside under subsection (3) after the Minister next gives a notice under section 11N specifying the pass mark in relation to the class of visas concerned; (b) for such reconsideration to involve comparing the applicant’s score with that pass mark but not to involve re-assessing that score; and. 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 … “(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory. (a) a person has paid for the performance of services in connection with the making of a decision under this Act without having received a statement of services as required by subsection (1); and. (a) Omit “an authorised officer”, substitute “the Secretary”. period of grace, in relation to an illegal entrant, means the period worked out under section 5J. “(2) Section 11A has effect in relation to a person who is the holder of a re-entry permit within the meaning of section 12 of the Migration Amendment Act (No. (c) the institution of, and any proceedings in connection with, any appeal from any decision in relation to the prosecution.”; (g) by inserting in subsection (2) “(including an aircraft)” after “another vessel”; (h) by inserting after subsection (2) the following subsection: “(2A) Where the period for which a person may be kept in custody under subsection (1B) ends: (a) the person shall, unless he or she is the holder of a valid entry permit, be expeditiously removed from Australia; and. (b) specified property of a deportee that is in Australia. “(2) The Tribunal, in reviewing a decision: (a) is not bound by technicalities, legal forms or rules of evidence; and. “(2) Where an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a Judge of the Federal Court may make such orders of the kind referred to in subsection (3) as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal. (d) a person who is, for the purposes of the Migration Act 1958, an exempt non-citizen, being a person who is likely to remain permanently in Australia;”. “(2) Subject to this section, a person appointed to act during a vacancy in a senior office shall not continue to act for more than 12 months. “(8) A statement under subsection (7) is not to include: (b) where 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. (a) an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph; (b) a person who is an officer for the purposes of the Customs Act 1901, other than such an officer specified by the Minister in writing for the purposes of this paragraph; (c) a person who is a protective service officer for the purposes of the Australian Protective Service Act 1987, other than such a person specified by the Minister in writing for the purposes of this paragraph; (d) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or. (ii) shall impose such conditions in connection with the grant of the visa as are required by the regulations. A member may resign by writing signed by him or her and sent to the Governor-General. Audit Act 1989 2. (ii) in any other case—the applicant and the Principal Member consent. (b) in a case where an authorised officer of the same sex as the person is not available to conduct the search—any other person who is of the same sex and: (i) is requested by an authorised officer; and. (b) because of that offence, another person has suffered loss; the court may, in addition to any penalty imposed on the offender, order the offender to make to the other person such reparation (whether by payment of money or otherwise) as the court thinks fit. “64ZB Protection of members and persons giving evidence. (b) in any other case—according to the opinion of the presiding member. “(1) A person who has become an illegal entrant otherwise than under subsection 6(2) stops being an illegal entrant if and when an entry permit or further entry permit is granted to the person, and not otherwise. A PRESENTATION BY NARAYAN CHANDRA SARANGI, Ph.D. “50 Court may order reparation for loss suffered, (a) a person is convicted by a court of an offence against this Division; and. 27 Before Part IV of the Principal Act the following Part is inserted: “Division 1—Establishment and Membership of the Immigration Review Tribunal, “64ZJ Establishment of the Immigration Review Tribunal. 2) 1980, Amending Acts 1980 to 1989 Repeal Act 2015. “(1) Subject to this Part, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment. Revised legislation carried on this site may not be fully up to date. 4-6....................................... S. 8............................................ S. 10........................................... S. 10A........................................ Ss. (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) an officer of the Department included in a class of officers of the Department prescribed for the purposes of this definition. Omit “an authorised officer”, substitute “the Secretary”. (c) was obtained by the making of a false or misleading representation. “(3) The Principal Member may lay down written guidelines for the allocation of the work of the Tribunal. “(2) Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor. Where the regulations specify that a review authority has recommendatory powers in relation to a class of reviewable decisions, the review authority may, in relation to such a decision, recommend to the Minister: (c) that the decision be set aside and another decision substituted. Penalty: $5,000 or imprisonment for 2 years, or both.”; (b) by omitting from subsection (2) “to the Department or an officer of the Department authorised by the Secretary to give certificates under subsection 31B(5)”. (b) Omit “he” (last occurring), substitute “the deportee”. Public Act: 1989 No 67: Date of assent: 25 September 1989: Note. (b) Omit “he” (wherever occurring), substitute “the officer”. Omit the paragraph, substitute the following paragraph: “(c) the deportee was, when he or she came to Australia, the spouse of, and in the company of, the holder of a passport so endorsed in which the deportee was named as the spouse of the holder; or”. (A) 406/1991 Revision of Laws (Rectification) 14-12-1989 Order 1991 Act A1193 Moneylenders (Amendment) Act 01-11-2003 2003 52 Laws of Malaysia ACT 400 “(1) This section applies where a deportation order is made in respect of a person who is, otherwise than under this Act, in the custody of an authority of the Commonwealth, of a State or of a Territory. Amendment of Criminal Procedure Act 1986 No. (b) Insert “or herself” after “himself”. 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. (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. “(3) If the Tribunal as constituted for the purpose of the review: (a) does not include the Principal Member; and. An entry permit shall not be granted to a person before he or she enters Australia unless the person: (b) is exempted from the operation of section 26A by an instrument under subsection 53A(1). (d) in relation to the cancellation of visas. “(2) Where the Minister thinks that it is in the public interest to do so, the Minister may: (a) set aside a decision reviewed by the Tribunal, being a decision in relation to which the Tribunal had recommendatory powers; and. 2) 1989 provides as follows: (1) This Act commences, or is to be taken to have commenced, as the case requires, immediately before the commencement of section 26 of the Principal Act. In this Part, Principal Act means the Migration Amendment Act (No. provision includes a paragraph of a section or of a subsection, a subparagraph of a paragraph and a Schedule. “(12) For the purpose of ordering the deportation of a person on the ground that the person is an illegal entrant because of subsection 6(2), the reference in this section to a prescribed disease shall be read as a reference to a disease, or a physical or mental condition, that is prescribed for the purposes of this section by regulations in force at the time when the person is ordered to be deported. “(4) The Registrar, the Deputy Registrar and the other officers of the Tribunal shall be persons appointed or employed under the Public Service Act 1922. “(19) An officer who, in good faith, on behalf of the Secretary or as a delegate of the Secretary, does any act or thing for the purpose of the exercise of the power under subsection (5) to take possession of valuables is not liable to any civil or criminal action in respect of the doing of that act or thing. (4) The several Divisions of each Part of the amended Act are renumbered so that they bear consecutive arabic numerals starting with “1”. 2) 1980.’. Regulations..................................................................................... 105, 34.......... Further amendments....................................................................... 107, 35.......... Renumbering and re-lettering of the Migration Act........................ 107, Part 3—Amendment of Migration Amendment Act (No. On entering Australia, a non-citizen becomes an illegal entrant unless: (a) he or she is the holder of a valid entry permit; or. 1 and 2: Royal Assent Part 3 (ss. “(4) Subsection (3) applies to the divulging or communicating of information whether directly or indirectly. Omit the subsection, substitute the following subsection: “(2) A person shall not transfer or part with possession of a document: (a) with intent that the document be used to help a person, being a person not entitled to use it, to gain entry, or to remain in, Australia; or. “11H Certain persons taken to be included in spouse or parent’s visa, (a) a person’s name is included in the passport or other document of identity of the person’s spouse; and. In spite of anything else in this Act, the Secretary shall not give to the Tribunal a document, or information, if the Minister certifies, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest: (a) because it would prejudice the security, defence or international relations of Australia; or. “64U Minister may set aside Tribunal’s decision etc. “(3) A person shall not be appointed as a member for a period that extends beyond the day on which the person will turn 65. 10000 TO Rs. (iii) ordered the deportation of the person because he or she, being a person to whom subsection 11A(1) applies because of paragraph 11A(1)(a), (b) or (d), is an illegal entrant because of subsection 6(2); the Secretary may, by notice in writing, require the master, owner, agent or charterer of the installation on which the deportee arrived in Australia to provide, without charge to the Commonwealth, a passage for the deportee to a place outside Australia.”; (e) by omitting from subsection (4) “or (3)” and substituting.”, (3) or (3A)”; (f) by inserting in subsection (4) “or her” after “his”; (g) by omitting from subsection (4) “$2,000” and substituting “$5,000”; (h) by omitting from subsection (5) “he” and substituting “the defendant”; (j) by omitting from subsection (5) “an authorised officer” and substituting “the Secretary”; (k) by inserting in subsection (5) “or her” after “his”. Schedule 3—Amendments of the Migration Act 1958 relating to powers of secretary. “(7) Where a person appearing before the Tribunal to give evidence is not proficient in English, the presiding member may direct that communication with that person during his or her appearance proceed through an interpreter. “(1) The members of the Tribunal shall be appointed by the Governor-General. “(8) Where the Secretary arranges for a ticket to be applied for or towards the conveyance of a deportee pursuant to subsection (6): (a) if the application of the ticket meets the conveyance expenses in full—the liability under this section in respect of the deportee shall be taken to have been discharged; and. “(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. (a) Omit “a prohibited non-citizen”, substitute “an illegal entrant”. “(3) A document for the purposes of subsection (2): (b) shall state, to the best of the Secretary’s knowledge, the name and nationality of the person concerned; and. “(3) The part-time members shall be paid remuneration and allowances as are determined by the Minister in writing. Emergency (Bougainville) (General Powers) Act 1989 6. There is hereby established an Immigration Review Tribunal consisting of: (b) such number (not exceeding the prescribed number) of Senior Members as are appointed in accordance with this Act; and. Omit “by reason only of his having been”, substitute “merely because he or she was”. “64ZB Protection of members and persons giving evidence. (d) in relation to the cancellation of entry permits granted to statutory visitors that are granted subject to a limitation as to the time the holder is authorised to remain in Australia. “(6) In making a determination under subsection (5) in respect of a State or Territory, the Minister shall have regard to the cost to the Commonwealth of persons kept in custody in that State or Territory on behalf of the Commonwealth.