Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p4
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 7790–10580

visa is granted in Australia to a person who has entered Australia, the entry visa has effect, when granted, as if it were an entry permit.

"(4) An entry visa has effect subject to any limitation on the period during which the holder is authorised to travel to or remain in Australia, and to any conditions, to which the entry visa is subject.".

Circumstances in which non-citizens may become illegal entrants

  8. Section 20 of the Principal Act is amended:

  (a)     by inserting in paragraph (1) (a) "has ever" after "the person";

  (b)    by adding "or" at the end of paragraphs (1) (a) and (b);

    (c)     by inserting in paragraph (1) (b) "on any occasion" after "Australia";

    (d)    by inserting in paragraph (1) (c) "on any occasion" after "issued";

  (e)     by inserting after paragraph (1) (c) the following paragraph:

          "(ca) the person has ever made, or caused to be made, a false or misleading statement in a declaration covered by subsection 24 (1a) or 34 (1a); or";

    (f)      by inserting in paragraph (1) (d) "on any occasion" before "when the person entered Australia";

  (g)     by inserting after subsection (1) the following subsection:

      "(1a) If:

        (a)     a person who leaves Australia was the holder of a permanent entry permit before leaving Australia; and

        (b)     the person is the holder of a prescribed visa permitting him or her to return to Australia and to apply for a permanent entry permit; and

      (c)     the person was suffering from a prescribed disease or a

         prescribed physical or mental condition when he or she left Australia or he or she developed a prescribed disease or a prescribed physical or mental condition after leaving Australia;

    subparagraph (1) (d) (i) does not apply to the person in relation to that disease or condition unless the person was suffering from the disease or condition when the person was first granted a permanent entry permit and he or she did not disclose that fact at that time.";

     (h) by omitting from subparagraph (2) (b) (ii) "particular." and substituting "particular; or";

     (i) by adding at the end of paragraph (2) (b) the following subparagraph:

          "(iii) the person made, or caused to be made, a false or misleading statement in a declaration covered by subsection 34 (1a).";

   (j) by inserting after subsection (4) the following subsection:

      "(4a) If:

         (a)     the holder of a visa gives the Secretary a section 20 notice; and

         (b)     the visa is not cancelled by an authorised officer at a proclaimed port;

     the authorised officer must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 20 (1) applies, or would apply, for the