Document ID: chunk:federal_register_of_legislation:C2004A02376:body:0:p8
Version: federal_register_of_legislation:C2004A02376
Segment Type: other
Provision Reference: 
Character Range: 16818–19361

(not being a temporary entry permit) in pursuance of sub-section (4), the person is entitled to be granted, under section 6 of the Migration Act 1958, such an entry permit, upon his making a request to an officer under that section—
     (a) at any time while he is in Australia and before the expiration of that re-entry permit; or
     (b) upon his arrival in Australia at any time before the expiration of that re-entry permit,
unless, at the time when he makes that request, he is—
     (c) a person who has been convicted of a crime committed on or after the commencing date and sentenced to death, to imprisonment for life or to imprisonment for a period of not less than 1 year;
     (d) a person who has been convicted, of 2 or more crimes, committed on or after the commencing date and sentenced to imprisonment for periods aggregating not less than 1 year;
     (e) a person who has been charged with a crime committed on or after the commencing date and either found guilty of having committed the crime while of unsound mind or acquitted on the ground that the crime was committed while he was of unsound mind;
     (f) a person who has, on or after the commencing date, been deported from Australia or another country; or
     (g) a person who has, on or after the commencing date, been excluded from another country in circumstances that are prescribed circumstances for the purposes of sub-paragraph 16(1)(c)(vi) of the Migration Act 1958.

(8) Where a person has been convicted of a crime and ordered to be confined in a corrective institution other than a prison, sub-section (7) applies to and in relation to him as if he had been convicted of that crime and sentenced to imprisonment for the period during which he was so confined.

(9) In sub-section (7), a reference to a crime shall be read as a reference to an offence punishable by death, by imprisonment for life or by imprisonment for a period of not less than 6 months.

(10) Nothing in sub-section (7) shall be taken to imply that a person who is not entitled, under that sub-section, to the grant, upon request, of an entry permit, may not be granted an entry permit otherwise than in pursuance of that sub-section.

(11) Where there is included in the passport or document of identity of a person to whom a re-entry permit has been granted the name of the spouse or child of that person—
     (a) the spouse or child shall be deemed, for the purposes of this section, to be the holder of that re-entry permit; and
     (b) the re-entry permit shall be deemed, for