Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p5
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 11170–13850

is amended:

  (a) by inserting in subsection (2) ", 26AA, 26AB, 26AC" after "26A";

  (b) by omitting from subsection (3) "in a" and substituting "of a";

    (c) by omitting from subsection (3) "section 26D" and substituting "section 26AA, 26AB, 26AC or 26D";

  (d) by adding at the end the following subsections:

    "(4) The regulations may prescribe whether visas of a class are visas to travel to and enter Australia, or to remain in Australia, or both.

    "(5) A visa is a visa of a particular class if this Act or the regulations specify that it is a visa of that class.".

Insertion of new sections

8. After section 26A of the Principal Act the following sections are inserted:

Special purpose visas

"26AA.(1) There is a class of temporary visas to travel to, enter and remain in Australia, to be known as special purpose visas.

"(2) Subject to subsection (3), a non-citizen is taken to have been granted a special purpose visa if:

  (a) the non-citizen:

        (i) has a prescribed status; or

        (ii) is a member of a class of persons that has a prescribed status; or

  (b) the Minister declares, in writing, that:

        (i) the non-citizen is taken to have been granted a special purpose visa; or

        (ii) persons of a class, of which the non-citizen is a member, are taken to have been granted special purpose visas.

"(3) A non-citizen is not taken to have been granted a special purpose visa if a declaration under subsection (9) is in force in relation to the non-citizen or a class of persons of which the non-citizen is a member.

"(4) A special purpose visa granted under subsection (2) is granted at the beginning of the later or latest of the following days:

  (a) if paragraph (2)(a) applies:

        (i) the day the non-citizen commences to have the prescribed status;

        (ii) the day the class of persons, of which the non-citizen is a member, commences to have the prescribed status;

        (iii) the day the non-citizen commences to be a member of the class of persons that has a prescribed status;

  (b) if paragraph (2)(b) applies:

        (i) the day the declaration is made;

        (ii) if a day is specified in the declaration as the day the visa comes into effect—that day;

        (iii) the day the non-citizen commences to be a member of the class of persons specified in the declaration.

"(5) A special purpose visa ceases to be in effect at the end of the earlier or earliest of the following days:

  (a) if paragraph (2)(a) applies:

        (i) if the non-citizen ceases to have a prescribed status—the day the non-citizen so ceases;

        (ii) if the non-citizen ceases to be a member of a class