Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p3
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 5432–8007

a visa except under section 24 or 51; and

        (b)     there is no power to grant an entry permit except under section 34 or 52.".

Period of grace

  4. Section 13 of the Principal Act is amended:

  (a)     by adding at the end of paragraph (2) (a) "or";

    (b)    by inserting after paragraph (2) (c) the following word and paragraph:

           "; or (d) if the person withdraws his or her application for an entry permit, a review under Part 3 or a review by the Federal Court before the decision referred to in paragraph (a), (b) or (c) respectively is made—starting when the person makes the application and ending when he or she withdraws it;".

5. After section 16 of the Principal Act the following sections are inserted:

Visas

  "16a. The holder of a valid visa may travel to Australia.

Travel-only visas

"16b. A travel-only visa does not entitle its holder to enter Australia or be granted an entry permit.".

Entry visas etc.

6. Section 17 of the Principal Act is amended by omitting subsections (1), (2) and (3) and substituting the following subsections:

"(1) An entry visa may be granted to a person who has entered Australia or who is in another country.

  "(2) The holder of an entry visa that is in force may enter Australia.

"(3) If the holder of an entry visa leaves Australia while the entry visa is in force, the holder may re-enter Australia if it is still in force.

"(3a) The holder of an entry visa may enter Australia only if he or she:

     (a)     travelled to Australia by aircraft and disembarked at a proclaimed airport; or

   (b)     travelled to Australia on a pre-cleared flight and did not land

     in any other country after leaving the country of embarkation of the pre-cleared flight and before arriving in Australia.

  "(3b) An entry visa must not be granted to a statutory visitor.".

7. Section 18 of the Principal Act is repealed and the following section is substituted:

Effect of entry visas

"18. (1) While the holder of an entry visa is not in Australia, the entry visa has effect as if it were a travel-only visa until the holder enters Australia (whether or not the holder has previously entered Australia while the entry visa was in force).

"(2) When the holder of an entry visa enters or re-enters Australia, the entry visa has effect as if it were an entry permit.

"(3) If an entry 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