Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Migration Act 1958, and for related purposes
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Registered 21 Oct 2021
Introduced Senate 20 Oct 2021
Table of contents.

2019‑2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Migration Amendment (Temporary Visa Extensions and Reinstatements) Bill 2021

 

No.      , 2021

 

(Senator McKim)

 

 

 

A Bill for an Act to amend the Migration Act 1958, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Migration Act 1958                                                                                                     3

 

 

 


A Bill for an Act to amend the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Migration Amendment (Temporary Visa Extensions and Reinstatements) Act 2021.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Migration Act 1958

1  After section 68

Insert:

68A  Extension of temporary visas affected by COVID‑19

             (1)  This section applies to a temporary visa if:

                     (a)  at any time during the visa period for the visa, the holder of the visa was affected by COVID‑19 travel restrictions; and

                     (b)  the visa has ceased, or will cease, to be in effect because of subsection 82(5), (6) or (7).

             (2)  If the temporary visa is in effect on the first day on which the holder of the visa is no longer affected by COVID 19 travel restrictions, the visa period for the visa is extended by the number of extension days.

             (3)  If, but for this subsection, the temporary visa would have ceased to be in effect because of subsection 82(5), (6) or (7) before the first day (the no restriction day) on which the holder of the visa is no longer affected by COVID‑19 travel restrictions:

                     (a)  the visa is taken not to have ceased to be in effect; and

                     (b)  the visa period for the visa is extended so that the visa ceases to be in effect on the day that is the number of extension days after the no restriction day.

             (4)  This section applies despite any other provision of this Act to the contrary.

             (5)  The regulations may make provision for and in relation to the operation of this section.

             (6)  Without limiting subsection (5), the regulations may prescribe the circumstances in which the holder of a temporary visa is affected by COVID‑19 travel restrictions for the purposes of this section.

             (7)  In this section:

affected by COVID‑19 travel restrictions: the holder of a temporary visa is affected by COVID‑19 travel restrictions if:

                     (a)  the holder is unable to travel to and enter Australia as permitted by the visa only because of restrictions imposed by the Commonwealth Government as a result of the COVID‑19 pandemic; and

                     (b)  the circumstances (if any) prescribed by the regulations exist.

extension day, in relation to a temporary visa, means any day during the visa period for the visa on which the holder of the visa was:

                     (a)  outside of Australia; and

                     (b)  affected by COVID‑19 travel restrictions.

2  Subsection 82(9)

After “sections”, insert “68A,”.