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Migration Legislation Amendment Act 1989
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Attorney-General's Department
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C2006C00043
20 December 1989
-
09 December 2015
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
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Part 2—Amendments of Migration Act 1958
3 Principal Act
4 Interpretation
5 After section 5C of the Principal Act the following sections are inserted in Part I:
“5D Certain children taken to enter Australia at birth
“5E How a person stops being an exempt non-citizen
“5F Visa applicable to 2 or more persons
“5G Meaning of custody
“5H Application of Part VA of the Marriage Act
“5J Period of grace
6 (1) Divisions 1 and 1A of Part II of the Principal Act are repealed and the following Divisions are substituted:
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“Division 1—Control of entry into Australia
“6 Illegal entrants
“7 Exemptions
“8 Minister may declare exempt non-citizens to be undesirable
“9 Visa holders authorised to enter Australia in some circumstances
“10 Effect of visa that authorised entry into Australia
“11 Minister may declare pre-cleared flights
“11A Circumstances in which non-citizens may become illegal entrants
“11B Transitional provisions relating to Christmas Island
“11C How an illegal entrant loses that status while remaining in Australia
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“Division 1A—Visas
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“Subdivision A—General provisions
“11D Regulations may provide for visas
“11E Grant or refusal of visas
“11F Visas not to be granted to certain deportees
“11G Cancellation of visas
“11H Certain persons taken to be included in spouse or parent’s visa
“11J Minister may suspend processing of visa applications
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“Subdivision B—The points system
“11K Operation of Subdivision
“11L Determination of applicant’s score
“11M Initial application of points system
“11N Minister may set pool entrance mark, priority mark and pass mark
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“Division 1B—Entry permits
“11P Regulations may provide for entry permits
“11Q Grant or refusal of entry permits
“11R Cancellation of entry permits
“11S Restriction on applications for entry permits—review applied for
“11T Restriction on applications for entry permits—review not applied for
“11U Certain persons taken to be included in spouse or parent’s entry permit
“11V Certain non-citizen children born in Australia taken to be included in parent’s entry permit
“11W Minister may suspend processing of entry permit applications where applicants are in Australia
“11X Operation of points system
“11Y Minister may set priority mark
“11Z Entry permits not to be granted to certain persons before entry into Australia
“11ZA Entry permits not to be granted to certain persons after entry into Australia
“11ZB Entry permits not to be granted to certain deportees
“11ZC Entry permits not to be granted to persons outside Australia
“11ZD Circumstances in which permanent entry permits may be granted to non-citizens after entry into Australia
“11ZE Deportee not to be granted entry permit
“11ZF Entry permit stops being in force upon departure from Australia
“11ZG Application of Division to statutory visitors
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“Division 1C—Statutory visitors
“11ZH Grant of visas to statutory visitors
“11ZJ Regulations may provide for entry permits
“11ZK Circumstances in which entry permits may be granted to statutory visitors after entry into Australia
“11ZL Application of provisions of Division 1B
7 Repeal of section 16
8 Section 18 of the Principal Act is repealed and the following sections are substituted:
“17A Mandatory deportation of illegal entrants
“18 Deportation of illegal entrants
9 Statutory visitors whose certificates are cancelled
10 Section 19 of the Principal Act is repealed and the following section is substituted:
“19 Dependants of deportee
10A Deportation order to be executed
11 Duty of master etc. of vessel or installation which brought deportee to Australia to provide passage
12 (1) Section 21A of the Principal Act is repealed and the following sections are substituted:
“21A Costs of deporting deportees
“21B Costs of keeping deportees in custody
“21C Orders restraining deportees and illegal entrants from disposing etc. of property
“21D Secretary may give direction about valuables of deportee or illegal entrant
“21E Dealing with seized valuables
13 After section 26 of the Principal Act the following section is inserted in Division 4 of Part II:
“26A Carriage of persons to Australia without documentation
14 Offences in relation to entering into or remaining in Australia
15 Minister may require illegal entrant to leave Australia
16 Offences in relation to work
17 Custody of prohibited entrant during stay of vessel in port
18 After section 37 of the Principal Act the following section is inserted:
“37A Searches of persons
19 Arrest of illegal entrant
20 Arrest of deportee
21 After section 39 of the Principal Act the following section is inserted:
“39A Operation of section 39 in relation to deportees held in other custody
22 Division 6 of Part II of the Principal Act is repealed and the following Division is substituted:
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“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
“47 Offence of undertaking, for reward, to cause decisions to be made etc.
“48 Effect of contravention of section 46 or 47 on charging for services
“49 Persons charged for services to be given detailed statement of services
“50 Court may order reparation for loss suffered
23 Before section 54 of the Principal Act the following section is inserted in Division 7 of Part II:
“53A Exemptions
24 Proof of certain matters
25 After section 58 of the Principal Act the following sections are inserted in Part II:
“59 Detention centres
“60 Secretary may issue documents containing information concerning certain persons
26 After Part II of the Principal Act the following Part is inserted:
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“Part III—Review of decisions
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“Division 1—Review of decisions
“61 Internal review of certain decisions
“62 Applications for review by Tribunal
“63 Powers of review authority
“64 Determinative powers
“64A Recommendatory powers
“64B Some decisions not reviewable
“64C Review authority to consider all possible applications
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“Division 2—Applications for review by Tribunal
“64D Secretary to be notified of application for review
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“Division 3—Exercise of Tribunal’s powers
“64E Tribunal’s way of operating
“64F Constitution of Tribunal for exercise of powers
“64G Reconstitution of Tribunal
“64H Exercise of Tribunal’s powers
“64J Presiding member
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“Division 4—Conduct of review
“64K Documents to be given to the Tribunal
“64L Review ‘on the papers’
“64M Where review ‘on the papers’ is not available
“64N Applicant may request Tribunal to call witnesses
“64P Powers of the Tribunal etc.
“64Q Presiding member may authorise another person to take evidence
“64R Review to be in public
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“Division 5—Decisions of Tribunal
“64S Tribunal to record its decisions etc. and to notify parties
“64T Tribunal decisions to be published
“64U Minister may set aside Tribunal’s decision etc.
“64V Appeal to Federal Court on question of law
“64W Operation etc. of decision subject to appeal
“64X Jurisdiction of Federal Court
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“Division 6—Offences
“64Y Failure of witness to attend
“64Z Refusal to be sworn or to answer questions etc.
“64ZA Contempt of Tribunal
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“Division 7—Miscellaneous
“64ZB Protection of members and persons giving evidence
“64ZC Fees for persons giving evidence
“64ZD Restrictions on disclosure of certain information etc.
“64ZE Tribunal’s discretion in relation to disclosure of certain information etc.
“64ZF Disclosure of confidential information
“64ZG Tribunal may restrict publication of certain matters
“64ZH Sittings of Tribunal
27 Before Part IV of the Principal Act the following Part is inserted:
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“Part IIIA—Immigration Review Tribunal
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“Division 1—Establishment and Membership of the Immigration Review Tribunal
“64ZJ Establishment of the Immigration Review Tribunal
“64ZK Appointment of members
“64ZL Principal Member
“64ZM Period of appointment of members
“64ZN Remuneration and allowances of Principal Member
“64ZP Remuneration and allowances of other members
“64ZQ Leave of absence
“64ZR Other terms and conditions
“64ZS Resignation
“64ZT Disclosure of interests
“64ZU Removal from office
“64ZV Acting appointments
“64ZW Delegation
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“Division 2—Registries and Officers
“64ZX Registries
“64ZY Officers of Tribunal
“64ZZ Acting appointments
28 Section 65 of the Principal Act is repealed and the following section is substituted:
“65 Obstructing or deceiving person exercising powers etc. under this Act
29 Repeal of section 66
29A Offences in relation to escaping from custody
30 After section 66B of the Principal Act the following section is inserted:
“66BA Conduct of directors, servants and agents
31 Section 66D of the Principal Act is repealed and the following sections are substituted:
“66D Minister may approve forms
“66DA Delegation
“66DB Delegate not required to perform certain administrative tasks
“66DC Exercise of powers under Act
“66DD Minister may give general policy directions
32 Review of decisions
33 Regulations
34 Further amendments
35 Renumbering and re-lettering of the Migration Act
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Part 3—Amendment of Migration Amendment Act (No. 2) 1980
36 Principal Act
37 Transitional provision
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Part 4—Consequential Amendments of other Acts
38 Consequential amendments of other Acts
Schedule 1—Amendments of the Migration Act 1958 relating to penalties
Schedule 2—Amendments of the Migration Act 1958 relating to sexist language
Schedule 3—Amendments of the Migration Act 1958 relating to powers of secretary
Schedule 4—Amendments of the Migration Act 1958 relating to illegal entrants
Schedule 5—Other consequential amendments of the Migration Act 1958
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Schedule 6—Consequential amendments of other Acts
Australian Citizenship Act 1948
Australian Protective Service Act 1987
Departure Tax Collection Act 1978
First Home Owners Act 1983
Health Insurance Act 1973
Radiocommunications Act 1983
Social Security Act 1947
Veterans’ Entitlements Act 1986
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Notes relating to section headings
Notes to the STYLEREF ShortT \* MERGEFORMAT Migration Legislation Amendment Act 1989
