Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p86
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
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Character Range: 216786–219637

non-citizen; and

  (c)     the purpose of the new arrival's going to Australia; and

  (d)     any unpaid debts to the Commonwealth of the non-citizen; and

    (e)     any removal or deportation from, or refusal of admission into, Australia or a foreign country of the non-citizen.".

Further amendments

  38. The Principal Act is further amended as set out in the Schedule.

Transitional—refugee applications

39. The application for a determination by the Minister that a person is a refugee within the meaning of the Principal Act as in force immediately before 1 November 1993 that was made, and not finally determined (within the meaning of the Principal Act), before that date is taken, on that date, to be an application for a protection visa (within the meaning of the Principal Act as in force on that date).

Transitional—application

  40.(1) In this section:

"amended Act class" means a class of visas that is provided for by, or by regulations under, the Principal Act as amended by this Act;

"Principal Act class" means a class of visas or permits that is provided for by regulations under the Principal Act;

"specified persons" includes:

  (a)     persons in a specified class; and

  (b)     persons in specified circumstances; and

  (c)     persons in a specified class in specified circumstances.

(2) The regulations may provide that a specified provision of the Principal Act repealed or amended by this Act is to continue to apply:

  (a)     to specified persons; or

  (b)     in specified circumstances; or

  (c)     in relation to visas in a specified amended Act class.

(3) The regulations may provide that a specified provision of the amended Act is not to apply:

  (a)     to specified persons; or

  (b)     in specified circumstances.

(4) Regulations under subsection (2) or (3) providing that a provision is to apply or not apply may provide that the provision is to apply or not apply:

  (a)     to a specified extent; or

    (b)     with specified modifications, not being the modification of a penalty; or

    (c)     as if a specified status or specified situation were another specified status or specified situation; or

  (d)     without limiting paragraph (c), as if a person who had a specified

     status, specified visa or specified permit had another specified status, specified visa or specified permit.

(5)     The regulations may provide that, from 1 November 1993, visas or permits in a specified Principal Act class and held by specified persons immediately before that date are to continue in force as visas in a specified amended Act class.

(6)     The regulations may provide that, from 1 November 1993, specified persons are to be taken to have been granted visas in a specified amended Act class.

(7)     The regulations may provide that, from 1 November 1993, applications made