Migration Amendment Act (No. 3) 1991

No. 198 of 1991

An Act to amend the Migration Act 1958

[Assented to 18 December 1991]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Migration Amendment Act (No. 3) 1991.

(2) In this Act, "Principal Act" means the Migration Act 1958¹.

Commencement

2. This Act commences on the same day as the Migration (Health Services) Charge Act 1991.

Grant or refusal of visas

3. Section 24 of the Principal Act is amended:

(a)  by omitting from subsection (3) "Where" and substituting "Subject to subsection (3B), where";

(b)  by inserting after paragraph (3)(a) the following paragraph:

"(aa) if regulations made under paragraph 181(1)(h) require an assurance of support to be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia—the Minister shall include in the notice a statement that a visa cannot be granted unless the charge payable under the Migration (Health Services) Charge Act 1991 has been paid; and";

(c)  by inserting after subsection (3) the following subsections:

"(3A) For the purposes of paragraph (3)(aa), regulations are not taken to require that an assurance of support be given if they only require an assurance to be given in cases where the Minister so decides.

"(3B) The Minister must not grant a visa if a charge that is payable under the Migration (Health Services) Charge Act 1991 for the granting of the visa has not been paid.".

Grant or refusal of entry permits

4.   Section 34 of the Principal Act is amended:

(a)  by omitting from subsection (3) "shall, subject to this Division, grant the applicant such an entry permit" and substituting "must:

(a)    if regulations made under paragraph 181(1)(h) require an assurance of support to be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia—give to the applicant written notice stating that an entry permit cannot be granted unless the charge payable under the Migration (Health Services) Charge Act 1991 has been paid; and

(b)    subject to this Division, grant the applicant such an entry permit.";

(b)  by inserting after subsection (3) the following subsections:

"(3A) For the purposes of paragraph (3)(a), regulations are not taken to require that an assurance of support be given if they only require an assurance to be given in cases where the Minister so decides.

"(3B) The Minister must not grant an entry permit if a charge that is payable under the Migration (Health Services) Charge Act 1991 for the granting of the entry permit has not been paid.".

Regulations

5. Section 181 of the Principal Act is amended by inserting after paragraph (h) the following paragraph:

"(i)    making provision for the remission, refund or waiver of charges under the Migration (Health Services) Charge Act 1991;".

NOTE

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; and Nos. 70 and 86, 1991.

[Minister's second reading speech made in—

House of Representatives on 7 November 1991

Senate on 26 November 1991]