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Migration Amendment Act (No. 2) 1980

No. 175 of 1980

An Act to amend the Migration Act 1958 and for purposes connected therewith

[Assented to 17 December 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.
1. (1) This Act may be cited as the Migration Amendment Act (No. 2) 1980.

(2) The Migration Act 1958 is in this Act referred to as the Principal Act.

Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(2) Sub-section 3(2), section 4, sub-section 7(2) and sections 9, 12 and 13 shall come into operation on a date to be fixed by Proclamation.

Interpretation
3. (1) Section 5 of the Principal Act is amended by omitting the definition of "officer" in sub-section (1) and substituting the following definition:
     "'officer', in relation to the exercise of any power or the discharge of any duty or function under this Act, means—
         (a) an officer of the Department of Immigration and Ethnic Affairs;
         (b) a person who is an officer for the purposes of the Customs Act 1901;
         (c) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or
         (d) any other person who is, or who is included in a class of persons who are, authorized by the Minister to exercise that power or to discharge that duty or function;".

(2) Section 5 of the Principal Act is further amended—
     (a) by omitting the definitions of "proclaimed airport" and "proclaimed port" in sub-section (1), and substituting the following definitions:
         "'proclaimed airport' means—
            (a) an airport appointed under section 15 of the Customs Act 1901; or
            (b) an airport appointed by the Minister under sub-section (1a);

         "'proclaimed port' means—
            (a) a port appointed under section 15 of the Customs Act 1901; or
            (b) a port appointed by the Minister under sub-section (1a);";
     (b) by omitting the definition of "Territory" in sub-section (1) and substituting the following definition:
         "'Territory' means—
            (a) an internal Territory; or
            (b) the Territory of Christmas Island;";
     (c) by inserting after sub-section (1) the following sub-section:
         "(1a) The Minister may, by notice published in the Gazette—
         (a) appoint ports in the Territory of Christmas Island as proclaimed ports for the purposes of this Act and fix the limits of those ports; and
         (b) appoint airports in the Territory of Christmas Island as proclaimed airports for the purposes of this Act and fix the limits of those airports."; and
     (d) by omitting from paragraph (b) of sub-section (4) "a Territory