Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p34
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 88216–91186

(Part 1) (amendment of paragraph 50A(4)(a)):

  Omit the amendment.

10. Schedule (Part 1) (amendment of section 10):

  Omit "second", substitute "first".

11. Schedule (Part 1) (amendment of paragraph 50D(1)(b)):

  Omit the amendment.

12. Schedule (Part 1) (amendment of Division 4B):

  Omit paragraph (b) of the amendment.

13. Schedule (Part 1) (amendment of section 70):

  Omit the amendment.

14. Schedule (Part 1) (amendment of subsection 83(8)):

  Omit the amendment.

15. Schedule (Part 1) (amendment of paragraph 182(a)):

  Omit the amendment.

16. Schedule (Part 2):

  Omit "95,".

17. Schedule (Part 3):

  (a) Omit "62,".

  (b) Omit "96,".

18. Schedule (Part 4):

  (a) Omit "section 81,".

  (b) Omit "subparagraph 90(1)(b)(ii),".

  (c) Omit ", subsection 117(1)".

                         SCHEDULE 3 Section 85

AMENDMENTS OF OTHER ACTS

PART 1—AMENDMENTS OF THE AUSTRALIAN CITIZENSHIP
ACT 1948

1. Subsection 5(1) (definition of "illegal entrant"):

  Omit all the words after "force", substitute "immediately before 1 September 1994;".

2. Subsection 5(1) (definition of "valid entry permit"):

  Add at the end "as in force immediately before 1 September 1994;".

3. Subsection 5(1) (definition of "valid permanent entry permit"):

  Add at the end "as in force immediately before 1 September 1994;".

4. Subsection 5(1) (definition of "valid visa"):

  Add at the end "as in force immediately before 1 September 1994;".

5. Subsection 5(1):

  Insert:

" 'permanent visa' has the same meaning as in the Migration Act 1958;

'special category visa' has the same meaning as in the Migration Act 1958;

'special purpose visa' has the same meaning as in the Migration Act 1958;

'unlawful non-citizen' has the same meaning as in the Migration Act 1958;

'visa' has the same meaning as in the Migration Act 1958.".

6. Paragraph 5A(1)(ba):

  After "prescribed date" insert "and before 1 September 1994".

7. After paragraph 5A(1)(ba):

  Insert:

  "(bb) in relation to a period on or after 1 September 1994 if:

       (i) the person was present in Australia and held a permanent visa; or

      (ii) a declaration under subsection (2) applied to the person;".

8. Paragraph 5A(2)(c):

  After "prescribed date" insert "but before 1 September 1994".

9. After paragraph 5A(2)(c):

  Insert:

"or (d) are the holders of special category visas or special purpose visas; or

SCHEDULE 3—continued

       (e) are, or have been, the holders of special category visas and who are either:

        (i) ordinarily resident in Australia; or

       (ii) the spouse, widow or widower of an Australian citizen;".

10. After subsection 5A(5):

  Insert:

"(5A) In spite of anything in this section, if a person who has travelled to Australia by virtue of a criminal justice visa has entered Australia, the person is not to be taken, under this section, to be a permanent resident for the purpose of this Act at any time when:

  (a) the criminal justice