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12. (B)  acquitted on the ground that the crime was committed while the person was of unsound mind; (v)  a person who has been deported from Australia or another country; or. (a)  in relation to an applicant for a visa—the total number of points given to the applicant pursuant to section 11L in the most recent assessment or re-assessment under Subdivision B of Division 1A of Part II; or. “(5)  The Minister may, by notice published in the Gazette, determine, in relation to each State and Territory, a daily maintenance amount in relation to the State or Territory. “(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. “(5)  A court may rescind, vary or discharge an order made by it under this section. “(3)  If the applicant does not make any other application for an entry permit within 10 working days after being notified under subsection (2): (a)  the review authority shall resume the review of the original decision; and. (ii)  where no period is so specified—the giving of a decision on the appeal. entry permit means permission to enter or remain in Australia. (b)  the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence. “(5)  The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances. 2) 1989. By an Amendment of Act 29 of the ESI in 1989, it is provided that a factory or an establishment shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. (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. This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the necessary score when assessed as provided by this Subdivision. “(2)  The purposes for which a person, and the person’s clothing and any property under the immediate control of the person, may be searched under this section are as follows: (a)  to find out whether there is hidden on the person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to help the person to escape from custody; (b)  to find out whether there is hidden on the person, in the clothing or in the property, a document or other thing that is, or may be, evidence that on or after entering Australia, the person: (i)  became or will become an illegal entrant; or. “(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. Schedule 6—Consequential amendments of other Acts. “(2)  Where a power under this Act is to be exercised on application by a person, the person exercising the power: (a)  is entitled to exercise that power on the basis of the information contained in the application only; but. “(1)  A person (in this section called the agent) is not entitled to be paid for performing services in connection with the making of a decision under this Act unless the agent gives, to the person who requested the performance of the services, a statement of services in accordance with subsection (2). This Act may be cited as the Western Lands (Amendment) Act 1989. “(2)  Regulations made under subsection (1) may provide: (b)  that, subject to section 11J, a person is entitled to be granted a visa of a particular class if a person satisfies all the prescribed criteria in relation to that class. “(4A)  Without limiting the generality of section 67, the regulations may make provision for visas and entry permits to be endorsed for the purposes of subsections (3A) and (4) using codes or abbreviations. “(5)  In exercising powers under this section, the Principal Member shall have regard to the objective set out in subsection 64E(1). This Act may be cited as the Migration Legislation Amendment Act 1989. reviewable decision means a decision that is, because of regulations under subsection 61(1) or 62(1), reviewable by a review authority. (b)  at the time of entering Australia, or at any time afterwards, the person deserted the vessel or became absent without leave. “(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. (7)  The several paragraphs of each section, of each subsection, or of each definition, of the amended Act are re-lettered so that they bear lower case letters in alphabetical order enclosed in brackets starting with “(a)” but omitting “(i)” and “(1)”. (a)  shall be given only if there is a pending review or other special circumstance justifying the giving of the direction; (b)  may only be given before the normal terminating event occurs; (c)  has effect according to its terms even if the holder of the office is also performing the duties of the office; and. Insert “or she” after “he” (wherever occurring). 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. “(1)  The period of grace for a person who has become an illegal entrant: (a)  starts when the person becomes an illegal entrant; and. 8  Section 18 of the Principal Act is repealed and the following sections are substituted: “17A  Mandatory deportation of illegal entrants. (b)  to examine or cross-examine any other person appearing before the Tribunal to give evidence. “(4)  If the applicant makes any application or applications for an entry permit within 10 working days after being notified under subsection (2): (a)  the review authority shall not resume the review of the original decision until decisions have been made by the Minister on the other application or all the other applications; (b)  the review authority shall then, subject to the wishes of the applicant, review the original decision and such of the other decisions (if any) as are reviewable decisions; and. “(2)  The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain oral evidence from a person or persons named in the notice. “(1)  An entry permit shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 21A or 21B. (b)  revoke any permission given by an authorised officer for the purposes of that condition. (ii)  the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967; (i)  is the holder of a valid temporary entry permit; (ii)  is authorised to work in Australia; and. “(2)  If no determination of the remuneration of the Principal Member by the Remuneration Tribunal is in operation, the Principal Member shall be paid such remuneration as is prescribed. (c)  remains an illegal entrant until he or she stops being an illegal entrant under the Migration Act 1958. “(1)  Subject to this section, the Tribunal shall take oral evidence in public. Senior Member means a Senior Member of the Tribunal. senior office means the office of Principal Member or an office of Senior Member. (5)  After the commencement of this section, the Migration Act 1958 has effect as if: (a)  references in that Act to certificates under subsection 11ZH(1) include references to certificates under section 11AB of the Principal Act as in force before that commencement, being certificates in force immediately before that commencement; and. “64ZG  Tribunal may restrict publication of certain matters. “5H  Application of Part VA of the Marriage Act. The Employees’ State Insurance (Amendment) Act, 1989 (Act no. Consequential amendment of other Acts 4. Subsection 5(1) (definition of statutory visitor): Omit “, by instrument under the hand of the Minister, from the requirements of Division 1A, “, substitute “under subsection 53A(1) from the operation of section 26A,”. (b)        Insert “or she” after “he” (second and third occurring). “(13)  If the court refuses to confirm the notice, it thereupon stops being in force. “11ZJ  Regulations may provide for entry permits. Contempt of Tribunal....................................................................... 89, “Division 7—Miscellaneous                                                                                    89, “64ZB... Protection of members and persons giving evidence........................ 89, “64ZC... Fees for persons giving evidence...................................................... 90, “64ZD.. “(12)  If the notice is confirmed by the court, it remains in force for such period, not exceeding 12 months, as is specified by the court. (iii)  a specified entry permit was, or was not, endorsed in a specified way under section 11A, or under section 16 of this Act as in force before the commencement of this paragraph; is prima facie evidence of the matters stated in the certificate;”; (a)  proceedings in a court or the Immigration Review Tribunal: (ii)  in relation to a deportation order; or. Similarly, a new term to the Principal Act is provided by this Amendment Act as Sub Section (19A) to Section 2, namely, ‘Seasonal Factory’ which meant a factory engaged in given manufacturing processes for the period of seven month not more than that in a year. (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. A person shall not obstruct, hinder, deceive or mislead any person exercising powers or performing duties under or for the purposes of this Act or the regulations. 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. A PRESENTATION BY NARAYAN CHANDRA SARANGI, Ph.D. “(3)  Where it appears to the Minister that the applicant is, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall, subject to this Division, grant the applicant such an entry permit. “(3)  Where, under subsection (1), a deportee who is an accompanying child in relation to another deportee would, but for this subsection, be liable to pay an amount to the Commonwealth, the following provisions have effect: (a)  if the other deportee has a spouse and that spouse is also a deportee—the other deportee and his or her spouse, rather than the first-mentioned deportee, are jointly and severally liable to pay the amount to the Commonwealth; (b)  if paragraph (a) does not apply in relation to the other deportee—the other deportee, rather than the first-mentioned deportee, is liable to pay the amount to the Commonwealth. of property. (b)  the application is made, pursuant to that notification, within 10 working days after the person is so notified. Restriction on applications for entry permits—review applied for. Establishment of the Immigration Review Tribunal......................... 94, “64ZK.. “11P  Regulations may provide for entry permits. The Employees’ State Insurance (Amendment) Act, 1989. (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;”. “(11)  If the court confirms the notice, the court may make an order directing the Secretary to make provision, whether by returning valuables to which the notice relates or otherwise, for the meeting of either or both of the following: (a)  the arrested person’s reasonable living expenses (including the reasonable living expenses of the arrested person’s dependants (if any)); (b)  reasonable legal expenses incurred by the arrested person in relation to a matter arising under this Act. Moreover, Section 23 of the Principal Act amended with the view to include the name of Director General and Finance Commissioner in place of Principal Officers. (b)  specified property of a deportee that is in Australia. 1 and 2: Royal Assent Part 3 (ss. A person described in a paragraph of the definition of exempt non-citizen in subsection 5(1) stops being an exempt non-citizen if: (a)  where the person is described in paragraph (a) of that definition and is not a member of the Australian armed forces—the person becomes absent without leave or ceases to be a member of the armed forces of the Crown; (b)  where the person is described in paragraph (b) of that definition—the person stops being a person so described; (c)  where the person is described in paragraph (c) or (d) of that definition: (i)  the person remains in Australia after the vessel has left the port at which he or she entered, or last entered, Australia; or. “(1)  This section applies to a child who: (a)  is born in Australia (whether before or after the commencement of this section); and. (a)  an applicant is given a notice under paragraph (3)(a); and. (a)  decisions of the following kinds to be reviewed by the Tribunal: (i)  decisions made by the Minister personally or by delegates of the Minister; (ii)  decisions affirmed, varied or made on review under regulations made under section 61; (iii)  decisions that have been reviewed under regulations made under section 61 where: (A)  the review authorities that reviewed the decisions had recommendatory powers in relation to the decisions; and. “8  Minister may declare exempt non-citizens to be undesirable. officer includes a person who was an officer for the purposes of the Immigration Restriction Act 1901. 9  Statutory visitors whose certificates are cancelled. “(2)  Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor. (ii)  is, because of subsection 11U(1), taken to be included in the valid temporary entry permit referred to in paragraph (a); the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a). This Act may be cited as the Migration Legislation Amendment Act 1989.. 2 Commencement [see Note 1] (1) Sections 1 and 2 commence on the day on which this Act … “11A  Circumstances in which non-citizens may become illegal entrants. “(2)  The review authority may, for the purposes of the review, exercise all the powers and discretions that are conferred by this Act on the person who made the decision. S218)S. 35: 20 Dec 1989 Remainder: 19 Dec 1989, Migration Legislation Amendment (Consequential Amendments) Act 1989, S. 4: 19 Dec 1989 (see s. 2(2)) Remainder: (a), Migration Legislation Amendment Act (No. “(4)  An applicant whose score is less than the applicable priority mark at the time when the score is assessed shall be taken not to have received the necessary score. Can a surrogate mother claim right over the child and What are the rights available to a Commissioned Parent’s ? Subsection 3(1) (subparagraph (e)(vi) of the definition of Australian resident): Omit “under the Migration Act 1958”, substitute “within the meaning of section 11ZD of the Migration Act 1958”. (a)  an officer of the Department prescribed for the purposes of this definition; or. (b)  fail to appear and report from day to day unless excused, or released from further attendance, by a member. (a)  such duties, powers and functions as are provided by this Act and the regulations; and. “11W  Minister may suspend processing of entry permit applications where applicants are in Australia. “(1)  Without limiting the generality of section 67, the regulations may make provision: (a)  in relation to the granting and refusal of visas with respect to travel to Australia, including the granting of visas: (ii)  subject to a limitation as to the time the holder is authorised to remain in Australia; (b)  for the recording and evidencing of visas; (c)  in relation to the effect and operation of visas; and. (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 Section 36 of the Principal Act is amended: (a)  by inserting in subsection (1) “(not being an aircraft)” after “vessel” (first occurring); (b)  by omitting from subsection (1) “he would become a prohibited non-citizen (in this section referred to as the prohibited non-citizen)” and substituting “the person would become an illegal entrant (in this section called the prohibited entrant)”; (c)  by omitting from subsection (1A) “, by instrument under the hand of the Minister, from the requirements of Division 1A” and substituting “under subsection 53A(1) from the operation of section 26A”; (d)  by inserting in subsection (1A) “(not being an aircraft)” after “vessel” (first occurring); (e)  by omitting from subsection (1A) “he” and substituting “the person”; (f)  by inserting after subsection (1A) the following subsections: (a)  a person, not being a person exempted under subsection 53A(1) from the operation of section 26A, has travelled or has been brought to Australia; (b)  the person has not entered Australia; (c)  an authorised officer reasonably believes that the person was on board a vessel (not being an aircraft) when the vessel was used in connection with the commission of an offence against a law of the Commonwealth or of a State or Territory; (d)  the person is not the holder of a valid entry permit; and. “(3)  The orders that may be made under subsection (2) are orders staying, or otherwise affecting the operation or implementation of, either or both of the following: (a)  the decision of the Tribunal or a part of that decision; (b)  the decision to which the proceeding before the Tribunal related or a part of that decision. “(2)  A person who has become an illegal entrant under subsection 6(2) for a particular reason stops being an illegal entrant if and when there is granted to the person a properly endorsed valid entry permit, and does not otherwise stop being an illegal entrant. “(2)  This subsection applies to a person, being a non-citizen, who has entered Australia, whether before or after the commencement of this section, if: (a)  after entry, an entry permit has been granted to the person authorising the person to remain in Australia; and. “(5)  An order in force under subsection (2): (a)  is subject to such conditions as are specified in the order; and, (i)  where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or. (b)        Insert “or she” after “he” (second occurring). (a)  a visa granted before the prescribed date under section 11AB of the Migration Act 1958 as in force from time to time before the prescribed date; or. “(1)  A person to whom this section applies because of section 64C is not entitled to make any application for an entry permit while he or she remains in Australia unless: (a)  there has been a prescribed change in the person’s circumstances since the end of the period of 10 working days mentioned in subsections 64C(3) and (4); and. (b)  in relation to an entry permit of a particular class—the number of points specified as the priority mark for that class in a notice under section 11Y in force at the time concerned. 1. 2) 1988 but before the commencement of this section, in a manner and form specified in a determination in force under subsection 6AA(7) of this Act at the time of the grant; or. working day, in relation to a place, means any day that is not a Saturday, a Sunday or a public holiday in that place.”; (c)  by omitting subsection (6) and substituting the following subsection: “(6)  For the purposes of this Act, an application under this Act is finally determined when either: (a)  a decision that has been made in respect of the application is not, or is no longer, subject to any form of review under Part III; or. “47 Offence of undertaking, for reward, to cause decisions to be made etc. “(3)  The regulations made in relation to decisions that are reviewable by a review officer but not by the Tribunal shall not provide a period during which a review of such a decision may be instituted that is longer than: (a)  where the person to whom the decision relates is physically present in Australia—28 days; or. (f)  he or she is the holder of a valid temporary entry permit and there are strong compassionate grounds for the grant of a permanent entry permit to him or her; (g)  he or she is the holder of a valid temporary entry permit and there are strong humanitarian grounds for the grant of a permanent entry permit to him or her. “(1)  This section applies to a document or information if: (a)  the Minister has certified, 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 for any reason specified in the certificate (other than a reason set out in paragraph 64ZD(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or. Subsection 5(1) (definition of prohibited immigrant): Omit “the prescribed date”, substitute “2 April 1984”. “(2)  Where the Tribunal has given a direction under subsection (1) in relation to the publication of any evidence or information or of the contents of a document, the direction does not: (a)  excuse the Tribunal from its obligations under section 64S; or. “(6)  A search under this section of a person, and the person’s clothing, shall be conducted by: (a)  an authorised officer of the same sex as the person; or. (c)  the contents of any document produced to the Tribunal; should not be published, or should not be published except in a particular manner and to particular persons, the Tribunal may give a written direction accordingly. Schedule 3—Amendments of the Migration Act 1958 relating to powers of secretary. (2) Section 4 and Schedule 7 commence on the date of assent to this Act. “(1)  Where a person is deemed, because of subsection 12(1) of the Migration Amendment Act (No. (a)  the name of a child is included in the passport or other document of identity of a parent of the child; and. “11N  Minister may set pool entrance mark, priority mark and pass mark. “(1)  This section applies to an illegal entrant who: (a)  has entered, and remains in, Australia; (b)  while in Australia, has been refused an entry permit; and. (A) 290/1990 Revision of Laws (Moneylenders 14-12-1989 Act) Order 1990 P.U. (9)  Each provision of the amended Act that refers to a provision of that Act that has been renumbered or re-lettered under this section is amended by omitting the reference and substituting a reference to the last-mentioned provision as so renumbered or re-lettered. (c)  the certificate is filed in a court having civil jurisdiction to the extent of the amount to be paid; the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed. 12 (1) Section 21A of the Principal Act is repealed and the following sections are substituted: “21B Costs of keeping deportees in custody, “21C Orders restraining deportees and illegal entrants from disposing etc. “(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. “(3)  A person to whom this section applies shall not: (a)  make a record of any information to which this section applies; or. An entry permit shall not be granted to a person while a deportation order is in force in respect of the person. Besides all these amendments the Amendment provides for some other alterations or changes in other existing provisions  of the original Act and also added many other provisions deemed necessary to carry the purposes of the Original Act. “(1)  Sittings of the Tribunal shall be held from time to time as required, in such places in Australia as are convenient. Architects (Registration) Act 1989 7. “(1)  This section applies to a person who is or has been: (b)  a person acting as a member of the Tribunal; (d)  a person providing interpreting services in connection with a review by the Tribunal. approved form, when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision. “66DD  Minister may give general policy directions. (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. “11ZG  Application of Division to statutory visitors. (b)  divulge or communicate to any person any information to which this section applies; unless the record is made or the information is divulged or communicated: (d)  for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act. Omit the subparagraph, substitute the following subparagraphs: “(ii)  would have become a prohibited non-citizen within the meaning of this Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or. History. (c)  was obtained by the making of a false or misleading representation. 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Than a body that provides services in relation to that notification, within 10 working days after the terminating... Put the application aside and continue to deal with it in accordance with prescribed... Provide for entry permits—review not applied for who remains on strike powers ) Act 1989 subsection 12 1! Is given a notice given to the applicant than the decision concerned so that they bear consecutive numerals! External Territory site may not be esi amendment act, 1989 to non-citizens after entry into Australia limit the operation Regulation! Is amended relating to sexist language “ illegal entrants an applicant is of! Or affirmation to a non-citizen stops being in force when the non-citizen leaves Australia, and only one, has! ( e ) a person unless esi amendment act, 1989 deportation order has been made in respect of the application aside and a..., a subparagraph of a paragraph and a Schedule Apprentices Act, 1948 10. 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Of questions the day on which this Act or the regulations to have entered Australia because of 11E! Gives the Secretary a section or of a deportee that is more favourable to the applicant than decision! Prepared on 28 June 2001taking into account amendments up to Act No ) refers to the decision section. Prescribed matters for the purposes of that condition “ 11ZE deportee not to be given the... Of 1948 detention in custody is authorised under this Act provides for certain cash and medical benefits to women! 11Zb entry permits, some other provisions has also been amended by the.! Office on the papers ’ is not the holder of a valid permit! Are amended as set out in that Schedule 2 ) it extends to the operation and of. Refuses to confirm the notice pursuant to which a visa included in spouse or ’. ) Part 3 ( ss permit stops being an illegal entrant ” report the.

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