Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p5
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
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Character Range: 10700–13436

Australia', 'to Australia' or any other phrase is limited; or

    (b)    that this Act does not extend to parts of Australia outside the migration zone; or

  (c)     that this Act does not apply to persons in those parts.".

Period of grace

  6. Section 13 of the Principal Act is amended:

    (a) by inserting after paragraph (b) of the definition of "excluded day" in subsection (2) the following paragraph:

          "(ba) starting when the person applies to the Refugee Review Tribunal for a review of a decision refusing him or her an entry permit and ending when the person is notified of the decision on the review; or";

    (b)    by inserting ", a review by the Refugee Review Tribunal" after "Part 3" in paragraph (d) of the definition of "excluded day" in subsection (2);

    (c)     by inserting ", (b)" after "(b)" in paragraph (d) of the definition of "excluded day" in subsection (2).

7. The headings to Part 2 and Division 1 of Part 2, and sections 14 to 18, of the Principal Act are repealed and the following headings and sections substituted:

"PART 2—CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS

"Division 1—Immigration status

Lawful non-citizens

"14.(1) A non-citizen in the migration zone who holds a visa is a lawful non-citizen.

"(2) An allowed inhabitant of the Protected Zone who is in a protected area in connection with the performance of traditional activities is a lawful non-citizen.

  "(3) A non-citizen in the migration zone who:

  (a)     on 2 April 1984 was in Australia; and

  (b)     before that date, had ceased to be an immigrant; and

    (c)     on or after that date, has not left Australia, where left Australia has the meaning it had in this Act before 1 November 1993; and

    (d)     immediately before 1 November 1993, was not a person to whom section 20 of this Act as in force then applied;

is a lawful non-citizen.

Unlawful non-citizens

"15.(1) A non-citizen in the migration zone who is not a lawful non-citizen is an unlawful non-citizen.

"(2) To avoid doubt, a non-citizen in the migration zone who, immediately before 1 November 1993, was an illegal entrant within the meaning of the Migration Act as in force then became, on that date, an unlawful non-citizen.

Effect of cancellation of visa on status

"16. To avoid doubt, subject to subsection 14(2) (certain inhabitants of protected zone), if a visa is cancelled its former holder, if in the migration zone, becomes, on the cancellation, an unlawful non-citizen.

Removal of immigration rights of inhabitant of Protected Zone

"17. The Minister may declare, in writing, that it is undesirable that a specified inhabitant of the Protected Zone continue to be permitted to enter or remain in Australia.".