Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p35
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
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Character Range: 90965–93994

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 visa is in effect; and

  (b) the person is not the holder of a permanent visa.".

11. Subsection 5A(6) (paragraph (b) of the definition of "statutory visitor's visa"):

  Add at the end "and before 1 September 1994".

12. Subsection 5A(6):

  Insert:

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

13. Sub-subparagraph 10B(1)(b)(ii)(B):

  After "illegal entrant," insert "as an unlawful non-citizen,".

14. Subparagraph 13(4)(b)(iv):

  After "illegal entrant," insert "as an unlawful non-citizen,".

15. Paragraph 13(9)(c):

  After "who" insert "a permanent resident and".

16. Subparagraph 13(9)(d)(ii):

  After "is" insert "a permanent resident and".

17. Subsection 14(1):

  Omit "Minister" (last occurring), substitute "Minister's".

18. After section 14:

  Insert:

Deferral of consideration of application under section 13—visa liable to cancellation

  "14A.(1) If:

SCHEDULE 3—continued

  (a) an application is made to the Minister under section 13; and

  (b) it appears to the Minister that:

        (i) a visa held by the applicant may be cancelled under a provision of the Migration Act 1958 (whether or not the person has been given any notice to that effect); or

        (ii) the person has been charged, or may be charged, with an offence under a law of the Commonwealth, a State or a Territory;

the Minister may defer consideration of the application until the end of a period determined by the Minister.

"(2) The Minister must not defer consideration of an application for a period, or for periods that in total, exceed 12 months.

  "(3) If:

  (a) the Minister decides to defer consideration of an application; and

  (b) the applicant is present in Australia;

the Minister must give the applicant written notice setting out the decision.

"(4) If the Minister decides to defer consideration of an application, section 13 and subsection (1) of this section apply in relation to the application as if it had been furnished immediately before the end of that period.

  "(5) Nothing in this section prevents:

  (a) an applicant from withdrawing the application; or

     (b) a person whose application under section 13 has been refused from making a further application or applications under that section.".

19. Subparagraph 23AA(1)(b)(iii):

  After "illegal entrant" insert ", as an unlawful non-citizen,".

20. Subsection 52A(2):

  Omit "subsection 13(9)", substitute "paragraph 13(9)(a) or (b)".

PART 2—AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918

21. Paragraph 93(7)(a):

  Omit "valid temporary entry permit", substitute "temporary visa".

22. Paragraph 93(7)(b):

  Omit "illegal entrant", substitute "unlawful non-citizen".

SCHEDULE 3—continued

PART 3—AMENDMENTS OF THE DEPARTURE TAX COLLECTION ACT 1978

23. Subsection