Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p22
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 55218–58274

the person would otherwise be entitled to be released from the custody referred to in subsection (1) (the 'custody transfer time'), the person will be kept in immigration detention.";

     (b) by omitting from subsection (3) "person" (wherever occurring) and substituting "deportee";

  (c) by omitting from subsection (3) "in custody".

Repeal of section

  64. Section 108 of the Principal Act is repealed.

Secretary may issue documents containing information concerning certain persons

65. Section 114 of the Principal Act is amended by omitting paragraph (1)(c) and substituting the following paragraph:

     "(c) has been refused immigration clearance and has not subsequently been immigration cleared.".

Interpretation

  66. Section 115 of the Principal Act is amended:

    (a) by omitting "means a decision" from the definition of "Part 3 reviewable decision" and substituting "means";

    (b) by omitting paragraph (a) of the definition of "Part 3 reviewable decision" and substituting the following paragraph:

          "(a) a decision (other than a decision covered by paragraph (ba) or made under section 180A) to refuse to grant a non-citizen a visa where:

             (i) the visa could be granted while the non-citizen is in the migration zone; and

             (ii) the non-citizen made the application for the visa while in the migration zone; and

          (iii) the decision was not made when the non-citizen:

               (A) was in immigration clearance; or

                  (B) had been refused immigration clearance and had not subsequently been immigration cleared; or";

    (c) by inserting "a decision" before "to cancel" in paragraph (b) of the definition of "Part 3 reviewable decision";

    (d) by omitting all the words after "cancellation" in paragraph (b) of the definition of "Part 3 reviewable decision" and substituting the following words and subparagraphs:

    ", other than a decision:

       (i) covered by paragraph (bb); or

       (ii) made at a time when the non-citizen was in immigration clearance; or

       (iii) made under subsection 50A(1) or (4) or section 180A; or";

    (e) by inserting after paragraph (b) of the definition of "Part 3 reviewable decision" the following paragraphs:

        "(ba) a decision to refuse to grant a bridging visa to a non-citizen who is in immigration detention because of that refusal; or

        (bb) a decision to cancel a bridging visa held by a non-citizen who is in immigration detention because of that cancellation; or";

    (f) by omitting "to refuse an application by a non-citizen for" from paragraph (c) of the definition of "Part 3 reviewable decision" and substituting "a decision to refuse to grant a non-citizen";

    (g) by omitting subparagraph (c)(ii) of the definition of "Part 3 reviewable decision";

    (h) by omitting sub-subparagraph (c)(iii)(E) of the definition of "Part 3 reviewable decision";

    (i) by adding at the end of the definition of "Part 3 reviewable decision" the following word and paragraphs:

   "or