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Migration Amendment Act 1983

Authoritative Version
  • - C2004A02829
  • No longer in force
Act No. 112 of 1983 as made
An Act to amend the Migration Act 1958 and for related purposes
Administered by: Immigration and Citizenship
Date of Assent 13 Dec 1983
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

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Migration Amendment Act 1983

No. 112 of 1983

 

An Act to amend the Migration Act 1958 and for related purposes

[Assented to 13 December 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Migration Amendment Act 1983.

(2) The Migration Act 19581 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Title

3. The title of the Principal Act is amended by omitting “Immigration, Deportation and Emigration.” and substituting “the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons”.


 

Interpretation

4. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “alien”;

(b) by omitting from sub-section (1) the definition of “immigrant”;

(c) by inserting after the definition of “natural resources” in sub-section (1) the following definition:

“‘non-citizen’ means a person who is not an Australian citizen;”;

(d) by omitting from sub-section (1) the definition of “protected person”; and

(e) by inserting after sub-section (1) the following sub-sections:

“(1aa) Any power that may be exercised by an authorized officer or by an officer under this Act may also be exercised by the Minister.

“(1ab) Where, in any provision of this Act, reference is made to the exercise of a power by an authorized officer or by an officer and that power is a power which, by virtue of sub-section (1aa), may also be exercised by the Minister, that reference shall be construed as including a reference to the exercise of that power by the Minister.”.

Heading to Part II

5. The heading to Part II of the Principal Act is omitted and the following heading is substituted:

“PART II— ENTRY, PRESENCE AND DEPORTATION OF NON-CITIZENS”.

Non-citizen not to enter Australia without entry permit

6. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (1) “An immigrant” and substituting “A non-citizen”;

(b) by omitting from sub-section (1) “prohibited immigrant” and substituting “prohibited non-citizen”;

(c) by omitting from sub-section (2) “an immigrant” and substituting “a non-citizen”;

(d) by omitting from sub-section (2) “the immigrant” and substituting “the non-citizen”;

(e) by omitting sub-section (2a);

(f) by omitting from sub-section (5) “an immigrant” and substituting “a non-citizen”;

(g) by omitting from sub-section (7) “A woman” and substituting “A person”;

(h) by omitting from sub-section (7) “her husband” (wherever occurring) and substituting “the person’s spouse”; and


 

(j) by omitting from sub-section (7) “his entry” and substituting “the spouse’s entry”.

Conditions on which entry permits may be granted to non-citizens after entry into Australia

7. Section 6a of the Principal Act is amended—

(a) by omitting “an immigrant” (wherever occurring) and substituting “a non-citizen”;

(b) by omitting from paragraph (1) (d) “authorised” and substituting “authorized”; and

(c) by omitting “prescribed immigrant” (wherever occurring) and substituting “prescribed non-citizen”.

Cancellation, expiration and renewal of entry permits

8. (1) Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (3) “prohibited immigrant” and substituting “prohibited non-citizen”; and

(b) by omitting sub-section (4).

(2) Where a person who, upon the commencement of this Act—

(a) is a non-citizen within the meaning of the Principal Act as amended by this Act; and

(b) is not the holder of an entry permit (not being a temporary entry permit),

had, at a time before that commencement, ceased to be a prohibited immigrant within the meaning of the Principal Act by virtue of the operation of sub-section 7 (4) of that Act, that person becomes, upon that commencement, a prohibited non-citizen for the purposes of the Principal Act as amended by this Act.

Person to cease to be prohibited non-citizen if granted entry permit

9. Section 10 of the Principal Act is amended by omitting “prohibited immigrant” (wherever occurring) and substituting “prohibited non-citizen”.

10. Sections 12 and 13 of the Principal Act are repealed and the following section is substituted:

Deportation of non-citizens present in Australia for less than 10 years who are convicted of crimes

“12. Where—

(a) a person who is a non-citizen has, either before or after the commencement of this section, been convicted in Australia of an offence;

(b) at the time of the commission of the offence the person—

(i) was not an Australian citizen; and


 

(ii) had been present in Australia as a permanent resident for a period of less than 10 years or for periods that, in the aggregate, do not amount to a period of 10 years; and

(c) the offence is an offence for which the person was sentenced to death or to imprisonment for life or for a period of not less than one year,

the Minister may order the deportation of the person.”.

Deportation of non-citizens upon security grounds after report by Commissioner

11. Section 14 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:

“(1) If it appears to the Minister that the conduct (whether in Australia or elsewhere) of a person who is a non-citizen (not being a person who has been present in Australia as a permanent resident for a period of at least 10 years or for periods that, in the aggregate, amount to a period of at least 10 years) constitutes, or has constituted, a threat to the security of the Commonwealth, of a State or of an internal or external Territory, the Minister may, subject to this section, order the deportation of the person.

“(2) Where—

(a) a person who is a non-citizen has, either before or after the commencement of this sub-section, been convicted in Australia of an offence;

(b) at the time of the commission of the offence the person was not an Australian citizen; and

(c) the offence is—

(i) an offence against section 24, 24aa, 24ab, 24c, 25 or 26 of the Crimes Act 1914;

(ii) an offence against—

(A) section 6 or 7 of that Act; or

(B) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section,

being an offence that relates to an offence referred to in sub-paragraph (i); or

(iii) an offence against a law of a State or of any internal or external Territory that is a prescribed offence for the purposes of this sub-paragraph,

the Minister may, subject to this section, order the deportation of the person.”; and

(b) by omitting from sub-sections (3), (4) and (8) “a person” and “that person” (wherever occurring) and substituting “a non-citizen” and “the non-citizen” respectively.


 

12. After section 14 of the Principal Act the following section is inserted:

Definition of permanent resident

“14a. (1) Where a person has been convicted of any offence (other than an offence the conviction in respect of which was subsequently quashed) the period (if any) for which the person was confined in a prison for that offence shall be disregarded in determining, for the purposes of section 12 and sub-section 14 (1), the length of time that that person has been present in Australia as a permanent resident.

“(2) In section 12 and sub-section 14 (1), ‘permanent resident’ means a person (including an Australian citizen) whose continued presence in Australia is not subject to any limitation as to time imposed by law, but does not include—

(a) in relation to any period before the commencement of this sub-section—a person who was, during that period, a prohibited immigrant within the meaning of this Act as in force at that time; or

(b) in relation to any period after the commencement of this sub-section—a person who is, during that period, a prohibited non-citizen.

“(3) For the purposes of this section—

(a) a reference to a prison includes a reference to any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon him by reason of that conviction; and

(b) a reference to a period during which a person was confined in a prison includes a reference to a period—

(i) during which the person was an escapee from a prison; or

(ii) during which the person was undergoing a sentence of periodic detention in a prison.”.

Repeal of section 15

13. Section 15 of the Principal Act is repealed.

Persons entering Australia to be prohibited non-citizens in certain circumstances

14. Section 16 of the Principal Act is amended—

(a) by omitting from sub-section (1) “as an immigrant” and substituting “is not, or was not, at the time of that entry, an Australian citizen and who”;


 

(b) by omitting paragraphs (1) (b) and (ba) and substituting the following paragraphs:

“(b) at the time of, or prior to, that person’s entry into Australia, the person—

(i) produces or produced, or causes or caused to be produced, to the Minister or to an officer, in respect of that entry—

(A) a permit, certificate, passport, visa, return endorsement, identification card or any other document that was not issued to the person, is forged or was obtained by false representation; or

(B) a passenger card that contains information that is false or misleading in a material particular; or

(ii) makes or made, or causes or caused to be made, to the Minister or to an officer, in respect of that entry, a statement that is false or misleading in a material particular;

“(ba) at the time of, or prior to, the grant of a visa or a return endorsement in respect of the person, the person—

(i) produces or produced, or causes or caused to be produced, to the Minister or to an officer, in respect of the grant of that visa or return endorsement, a document of the kind referred to in sub-sub-paragraph (b) (i) (A); or

(ii) makes or made, or causes or caused to be made, to the Minister or to an officer, in respect of the grant of that visa or return endorsement, a statement that is false or misleading in a material particular; or”;

(c) by omitting from sub-section (1) “prohibited immigrant” and substituting “prohibited non-citizen”;

(d) by inserting after sub-section (1) the following sub-section:

“(1aa) Where—

(a) a further entry permit has, either before or after the commencement of this sub-section, been granted to a person authorizing the person to remain in Australia;

(b) that entry permit was granted while the person was in Australia; and

(c) the person, in respect of the grant of that entry permit—

(i) produced, or caused to be produced, to the Minister or to an officer a document that was not issued to that person, is forged or was obtained by false representation or that contains information that is false or misleading in a material particular; or


 

(ii) made, or caused to be made, to the Minister or to an officer a statement that is false or misleading in a material particular,

that person shall, notwithstanding section 10, be deemed to be a prohibited non-citizen unless he is the holder of an entry permit endorsed with a statement that the person granting that permit recognises him to be a person referred to in this sub-section.”;

(e) by omitting from sub-section (2) “prohibited immigrant” and substituting “prohibited non-citizen”; and

(f) by inserting in sub-section (5) “within the meaning of the Migration Act 1958 as amended by the Migration Amendment Act (No. 2) 1980” after “immigrant”.

Deportation of prohibited non-citizens

15. Section 18 of the Principal Act is amended by omitting “prohibited immigrant” and substituting “prohibited non-citizen”.

Deportation order to be executed

16. Section 20 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) The validity of an order for the deportation of a person shall not be affected by any delay in the execution of that order.”.

Duty of master, &c., of vessel or installation which brought deportee to Australia to provide passage

17. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (3) “section thirteen or paragraph (b) or (c) of sub-section (1) of section sixteen, of this Act” and substituting “section 12 or paragraph 16 (1) (b) or (c)”; and

(b) by omitting from sub-section (3a) “sub-section (2a) of section 5, by virtue of, or by reference to, sub-section (1) of section 6, section 13 or paragraph (a), (b) or (c) of sub-section (1) of section 16” and substituting “sub-section 5 (2a), by virtue of, or by reference to, sub-section 6 (1), section 12 or paragraph 16 (1) (a), (b) or (c)”;and

(c) by omitting from paragraph (8) (b) “a migrant’s visa” and substituting “a visa known as a resident visa”.

Offences in relation to entering or remaining in Australia

18. Section 27 of the Principal Act is amended—

(a) by omitting from sub-section (1) “An immigrant” and substituting “A non-citizen”;

(b) by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) enters Australia in circumstances in which he becomes a prohibited non-citizen by virtue of section 6;”;


 

(c) by omitting from paragraph (1) (aa) “sub-section (1) of section 16” and substituting “sub-section 16 (1)”;

(d) by omitting from paragraph (1) (ab) “prohibited immigrant” and substituting “prohibited non-citizen”;

(e) by omitting paragraphs (1) (b) and (c) and substituting the following paragraphs:

“(b) becomes a prohibited non-citizen by reason of being a person to whom paragraph 8 (3) (a) or (c) applies; or

(c) becomes a prohibited non-citizen by virtue of sub-section 16 (1) or (1aa) by reason that—

(i) he produced, or caused to be produced, after the commencement of the Migration Amendment Act 1983, to the Minister or to an officer—

(a) a document that, to his knowledge was not issued to him, is forged or was obtained by false representation; or

(B) a passenger card that, to his knowledge, contains information that is false or misleading in a material particular; or

(ii) he made, or caused to be made, after the commencement of the Migration Amendment Act 1983, to the Minister or to an officer, a statement that, to his knowledge, was false or misleading in a material particular,”; and

(f) by omitting sub-section (2a) and substituting the following sub-section:

“(2a) It is a defence to a prosecution of a non-citizen for an offence against paragraph (1) (ab) if the non-citizen satisfies the court that, after he became a prohibited non-citizen, a further entry permit applicable to him had come into force.”.

Persons concerned in bringing non-citizens secretly into Australia or harbouring prohibited non-citizens

19. Section 30 of the Principal Act is amended—

(a) by omitting “an immigrant” (wherever occurring) and substituting “a non-citizen”;

(b) by omitting from paragraph (1) (a) “the immigrant” and substituting “the non-citizen”; and

(c) by omitting “prohibited immigrant” (wherever occurring) and substituting “prohibited non-citizen”.

False papers, &c.

20. Section 31 of the Principal Act is amended—

(a) by omitting from sub-section (1) “an immigrant” (wherever occurring) and substituting “a non-citizen”;

(b) by inserting in paragraph (1) (a) “, or cause to be presented,” after “present”;

(c) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) make, or cause to be made, to the Minister or to an officer a statement that, to his knowledge, is false or misleading in a material particular; or”;

(d) by omitting paragraph (1) (c); and

(e) by omitting from paragraph (1) (d) “to the Minister or to an officer, or otherwise furnish” and substituting “, or cause to be delivered, to the Minister or to an officer, or otherwise furnish, or cause to be furnished”.

Minister or authorized officer may require prohibited non-citizen to leave Australia

21. Section 31a of the Principal Act is amended by omitting “prohibited immigrant” and substituting “prohibited non-citizen”.

Prohibited non-citizens, &c, may be prevented from landing

22. Section 35 of the Principal Act is amended by omitting from paragraph (1) (a) “prohibited immigrant” and substituting “prohibited non-citizen”.

Custody of prohibited non-citizen during stay of vessel in port

23. Section 36 of the Principal Act is amended by omitting “prohibited immigrant” (wherever occurring) and substituting “prohibited non-citizen”.

Custody of prohibited non-citizen during stay of aircraft in Australia

24. Section 36a of the Principal Act is amended—

(a) by omitting “prohibited immigrant” (wherever occurring) and substituting “prohibited non-citizen”; and

(b) by omitting from sub-section (4) “24” and substituting “48”.

Powers of entry and search

25. Section 37 of the Principal Act is amended—

(a) by omitting from sub-section (1) “prohibited immigrant” and substituting “prohibited non-citizen”;

(b) by omitting from paragraph (5) (a) “prohibited immigrant” and substituting “prohibited non-citizen”;

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

“(c) any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person—

(i) would have become a prohibited immigrant within the meaning of this Act as in force from time to time before


 

the commencement of the Migration Amendment Act 1983; or

(ii) would have become, or would become, a prohibited non-citizen; or”; and

(d) by omitting from paragraph (5) (d) “prohibited immigrant” and substituting “prohibited non-citizen”.

Arrest of prohibited non-citizen

26. Section 38 of the Principal Act is amended by omitting “prohibited immigrant” (wherever occurring) and substituting “prohibited non-citizen”.

Heading to Division 6 of Part II

27. The heading to Division 6 of Part II of the Principal Act is omitted and the following heading is substituted:

“Division 6—Migration Agents”.

Interpretation

28. Section 46 of the Principal Act is amended—

(a) by omitting “an immigration agent” and substituting “a migration agent”;

(b) by omitting from paragraph (a) “of a person into Australia as an immigrant” and substituting “into Australia of a non-citizen intending to seek authority under this Act, prior to entry into Australia, to remain permanently in Australia”; and

(c) by omitting from paragraph (b) “an intending immigrant” and substituting “such a non-citizen”.

Persons proposing to act as migration agents to give notice to Department

29. Section 47 of the Principal Act is amended by omitting from sub-section (1) “an immigration agent” and substituting “a migration agent”.

Minister may direct persons not to act as migration agents

30. Section 48 of the Principal Act is amended by omitting “an immigration agent” (wherever occurring) and substituting “a migration agent”.

Persons not to describe themselves as registered or approved migration agents

31. Section 49 of the Principal Act is amended by omitting “an immigration agent” and substituting “a migration agent”.

Migration agents liable to furnish particulars of fees, &c.

32. Section 51 of the Principal Act is amended by omitting from sub-section (1) “forty-six of this Act” and substituting “46”.


 

Undertaking to provide passage to be carried out within a reasonable time

33. Section 52 of the Principal Act is amended by omitting “an intending immigrant” and substituting “a non-citizen intending to seek authority under this Act, prior to entry into Australia, to remain permanently in Australia”.

Proof of certain matters recited in deportation orders

34. Section 55 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraphs:

“(b) he is, or was at a particular time, a non-citizen;

(ba) he was, at a particular time, being a time before the commencement of the Migration Amendment Act 1983, an alien within the meaning of this Act as in force at that time;”.

Migrant centres

35. Section 58 of the Principal Act is amended—

(a) by omitting “immigrant centres” (wherever occurring) and substituting “migrant centres”;

(b) by omitting from sub-section (1) “immigrants” and substituting “non-citizens”;

(c) by omitting from sub-section (2) “Immigrants” and substituting “Non-citizens”; and

(d) by inserting in sub-section (2) “in such circumstances,” after “centres”.

Review of decisions

36. Section 66e of the Principal Act is amended—

(a) by omitting from sub-section (1) “, 13”;

(b) by omitting from sub-section (2) “or 13”;

(c) by omitting from paragraph (2) (b) “continued presence of the person” and substituting “person is a non-citizen (other than a prohibited non-citizen) whose continued presence”; and

(d) by omitting from sub-section (5) “or 13”.

Additional amendments

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

Transitional provisions

38. (1) Where a person was, immediately before the commencement of this Act, a prohibited immigrant by virtue of a provision of the Principal Act, other than section 16 of that Act, that person becomes, upon that commencement, a prohibited non-citizen for the purposes of the Principal Act as amended by this Act.

(2) Where a person was, immediately before the commencement of this Act, deemed to be a prohibited immigrant by virtue of sub-section 16 (1) of the Principal Act, the person is, upon that commencement, deemed to be a


 

prohibited non-citizen by virtue of sub-section 16 (1) of the Principal Act as amended by this Act.

(3) An entry permit, visa, return endorsement or any other instrument in force under the Principal Act immediately before the commencement of this Act has, subject to the Principal Act as amended by this Act, effect after the commencement of this Act as if it were in force under the Principal Act as amended by this Act.

(4) Where, before the commencement of this Act, the Minister had ordered the deportation of a person under the Principal Act and the order had not been revoked before that commencement—

(a) the order continues to have effect; and

(b) the Principal Act continues to apply to and in relation to the deportation of the person,

as if the amendments made by this Act had not been made.

(5) For the purposes of proceedings for an offence against paragraph 27 (1) (ab) of the Principal Act, it is a defence if the person charged satisfies the court that—

(a) after he had become a prohibited immigrant within the meaning of the Principal Act, a further entry permit applicable to him had come into force, whether before or after the commencement of this Act; or

(b) he had, before the commencement of this Act, ceased to be a prohibited immigrant by virtue of sub-section 7 (4) of the Principal Act.

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SCHEDULE                                   Section 37

ADDITIONAL AMENDMENTS

Provision

Amendment

Sub-section 4 (2)................

Omit “nine”, substitute “9”.

Sub-section 4 (5)................

(a) Omit “paragraph (a) of the last preceding sub-section”, substitute “paragraph (4) (a)”.

(b) Omit “an immigrant”, substitute “a person”.

Sub-section 5 (1) (definition of “entry permit”)

Omit “six of this Act”, substitute “6”.

Sub-section 5 (1) (definition of “officer”)

(a) Omit “of Immigration and Ethnic Affairs”.

(b) Omit “authorised”, substitute “authorized”.

Sub-section 5 (1) (definition of “temporary entry permit”)

Omit “(6) of section six of this Act”, substitute “6 (6)”.

Sub-section 5 (5)................

Omit “the last preceding sub-section”, substitute “sub-section (4)”.

Paragraph 5 (5) (a).............

Omit “thirty”, substitute “30”.

Sub-section 6 (4)................

Omit “the last preceding sub-section”, substitute “sub-section (3)”.

Sub-section 6 (8)................

Omit “sixteen”, substitute “16”.

Sub-section 8 (1)................

Omit “an immigrant”, substitute “a non-citizen”.

Paragraph 8 (1) (c).............

Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Paragraph 8 (1) (d).............

(a) Omit “of this Part”.

 

(b) Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Paragraph 8 (1) (e).............

Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Sub-section 8 (2)................

(a) Omit “(a)”, substitute “(1) (a)”.

 

(b) Omit “(e), of the last preceding sub-section”, substitute “(1) (e)”.

Sub-section 8 (3)................

(a) Omit “of this section”.

 

(b) Omit “prohibited immigrant”, substitute “prohibited non-citizen”.

Paragraph 8 (3) (a).............

Omit “(a) of that sub-section”, substitute “(1) (a)”.

Paragraph 8 (3) (b).............

Omit “(b) of that sub-section”, substitute “(1) (b)”.

Paragraph 8 (3) (c).............

(a) Omit “(c) or (d) of that sub-section”, substitute “(1) (c) or (d)”.

 

(b) Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Paragraph 8 (3) (d).............

Omit “(e) of that sub-section”, substitute “(1) (e)”.

Sub-section 8 (4)................

Omit “(b) of sub-section (1)”, substitute “(1) (b)”.

Section 9............................

Omit “an immigrant”, substitute “a non-citizen”.

Sub-section 11c (3)............

Omit “(b) of sub-section (1)”, substitute “(1) (b)”.

Sub-section 14 (3)..............

Omit “thirty”, substitute “30”.

Sub-section 14 (4)..............

Omit “the last preceding sub-section”, substitute “sub-section (3)”.

Sub-section 14 (5)..............

Omit “five”, substitute “5”.

Sub-section 14 (6)..............

(a) Omit “the next succeeding sub-section”, substitute “sub-section (7)”.

 

(b) Omit “of this section”.

Sub-section 14 (8)..............

Omit “of this section”.

Sub-section 16 (1)..............

Omit “ten of this Act”, substitute “10”.

Sub-section 21 (1)..............

Omit “(1) of section six, paragraph (c) of sub-section (3) of section eight, or paragraph (a) of sub-section (1) of section sixteen, of this Act”, substitute “6 (1), paragraph 8 (3) (c), or paragraph 16 (1) (a)”.

Sub-section 21 (2)..............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 21 (4)..............

(a) Omit “of this section”.

 

(b) Omit “thirty”, substitute “30”.

Sub-section 21 (5)..............

Omit “of this section”.


 

SCHEDULE—continued

Provision

Amendment

Sub-section 21 (6)............

Omit “of this section” (first occurring).

Sub-section 21 (7)............

Omit “the last preceding sub-section”, substitute “sub-section (6)”.

Paragraph 21 (8) (d).........

Omit “twenty-one”, substitute “21”.

Sub-section 22 (3)............

Omit “of this section”.

Paragraph 23 (b)..............

Omit “the last preceding paragraph”, substitute “paragraph (a)”.

Paragraph 23 (c)...............

Omit “of this section”.

Paragraph 23 (d)..............

Omit “the last preceding paragraph”, substitute “paragraph (c)”.

Sub-section 26 (2)............

Omit “twenty-three of this Act”, substitute “23”.

Sub-section 27 (4)............

Omit “two”, substitute “2”.

Paragraph 28 (a)...............

Omit “prohibited immigrant”, substitute “prohibited non-citizen”.

Paragraph 28 (b)..............

(a) Omit “(d) of sub-section (1) of section eight of this Act”, substitute “8 (1) (d)”.

 

(b) Omit “prohibited immigrant”, substitute “prohibited non-citizen”.

 

(c) Omit “(c) of sub-section (3) of that section”, substitute “8 (3) (c)”.

Section 28........................

Omit “One thousand dollars”, substitute “$1,000”.

Sub-section 29 (3)............

Omit “of this section”.

Sub-section 31b (1)..........

Omit “(6a) of section 6”, substitute “6 (6a)”.

Sub-section 31b (2)..........

Omit “prohibited immigrant”, substitute “prohibited non-citizen”.

Sub-section 31b (5)..........

(a) Omit “of Immigration and Ethnic Affairs”.

 

(b) Omit “that Department” (wherever occurring), substitute “the Department”.

Sub-section 33 (5)............

Omit “either of the last two preceding sub-sections”, substitute “sub-section (3) or (4)”.

Section 34........................

Omit “the last preceding section”, substitute “section 33”.

Sub-section 35 (2)............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 37 (2)............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 37 (4)............

Omit “three”, substitute “3”.

Sub-section 38 (2)............

Omit “forty-eight”, substitute “48”.

Sub-section 38 (5)............

Omit “the next succeeding sub-section”, substitute “sub-section (6)”.

Sub-section 38 (6)............

Omit “the next succeeding section”, substitute “section 39”.

Sub-section 39 (1)............

Omit “of this section”.

Sub-section 39 (5)............

(a) Omit “the last preceding sub-section”, substitute “sub-section (4)”.

 

(b) Omit “the next succeeding sub-section”, substitute “sub-section (6)”.

Sub-section 40 (1)............

(a) Omit “the last two preceding sections”, substitute “sections 38 and 39”.

 

(b) Omit “five”, substitute “5”.

Sub-section 40 (2)............

Omit “the last two preceding sections”, substitute “sections 38 and 39”.

Sub-section 40 (3)............

Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Sub-section 40 (4)............

(a) Omit “of this section”.

 

(b) Omit “the last two preceding sections”, substitute “sections 38 and 39”.

Sub-section 40 (5)............

Omit “the last two preceding sections”, substitute “sections 38 and 39”.

Sub-section 42 (1)............

Omit “prohibited immigrant”, substitute “prohibited non-citizen”.

Sub-section 42 (2)............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 42 (3)............

Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Sub-section 44 (1)............

Omit “prohibited immigrants”, substitute “prohibited non-citizens”.

Sub-section 45 (2)............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 45 (4)............

Omit “two”, substitute “2”.

Sub-section 45 (6)............

Omit “the last preceding sub-section”, substitute “sub-section (5)”.

Paragraph 47 (1) (a).........

Omit “of Immigration and Ethnic Affairs”.


 

SCHEDULE—continued

Provision

Amendment

Sub-section 47 (2)..............

(a) Omit “of Immigration and Ethnic Affairs”.

 

(b) Omit “(a) of the last preceding sub-section”, substitute “(1) (a)”.

Sub-section 47 (4)..............

Omit “of this section”.

Sub-section 48 (2)..............

(a) Omit “the last preceding sub-section”, substitute “sub-section (1)”.

 

(b) Omit “forty-six of this Act”, substitute “46”.

Sub-section 48 (3)..............

(a) Omit “of this section”.

 

(b) Omit “forty-six of this Act”, substitute “46”.

Sub-section 50 (1)..............

Omit “forty-six of this Act”, substitute “46”.

Sub-section 50 (2)..............

Omit “forty-six of this Act”, substitute “46”.

Sub-section 50 (5)..............

Omit “the last preceding sub-section”, substitute “sub-section (4)”.

Sub-section 53 (4)..............

Omit “(4) of section fifty of this Act”, substitute “50 (4)”.

Sub-section 55 (2)..............

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 55 (3)..............

Omit “(c), (d), (f) or (g) of sub-section (1) of this section”, substitute “(1) (c), (d), (f) or (g)”.

Sub-section 56 (1)..............

(a) Omit “twenty-seven of this Act”, substitute “27”.

 

(b) Omit “(1) of the last preceding section”, substitute “55 (1)”.

Sub-section 56 (2)..............

Omit “(3), (4) and (5) of the last preceding section”, substitute “55 (3), (4) and (5)”.

Section 59..........................

Omit “seventeen”, substitute “17”.

Sub-section 62 (1)..............

Omit “of this sub-section” (wherever occurring).

Sub-section 62 (3)..............

Omit “of this section”.

Sub-section 63 (1)..............

(a) Omit “(a) or (b) of sub-section (1) of the last preceding section”, substitute “62 (1) (a) or (b)”.

 

(b) Omit “the next succeeding sub-section”, substitute “sub-section (2) of this section”.

Sub-section 63 (2)..............

Omit “the last preceding sub-section shall be made within seven”, substitute “sub-section (1) shall be made within 7”.

Section 65a........................

Omit “three”, substitute “3”.

Section 66..........................

Omit “of this Act”.

Sub-section 66a (3)............

Omit “(1) or (1a) of section 36, sub-section (1), (2) or (3) of section 36a, sub-section (1) of section 38 or sub-section (6) of section 39”, substitute “36 (1) or (1a), 36a (1), (2) or (3), 38 (1) or 39 (6)”.

Sub-paragraph 67 (1) (a) (ii)

Omit “of Immigration and Ethnic Affairs”.

Sub-section 67 (2)..............

Omit “(c) of the last preceding sub-section”, substitute “(1) (c)”.

NOTE

1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; and No. 51, 1982.