Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p37
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 96568–99475

3:

  Insert:

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

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

42. Subparagraphs 4(b)(i) and (ii):

  Omit "entry permit", substitute "visa".

SCHEDULE 3—continued

43. Subparagraphs 4(b)(iii) and (iv):

  After "permit" insert "or a permanent visa".

44. Subparagraph 4(b)(v):

  Omit the subparagraph, substitute:

 "(v) are citizens of New Zealand who hold a special category visa; and".

45. Subparagraphs 4(c)(i) and (ii):

  Omit "entry permit", substitute "visa".

46. Subparagraphs 4(c)(iii) and (iv):

  After "permit" insert "or a permanent visa".

PART 7—AMENDMENTS OF THE IMMIGRATION (EDUCATION) CHARGE ACT 1992

47. Subsection 3(2) (definition of "stay visa"):

    (a) After "entry permit" insert "within the meaning of the Migration Act 1958 as in force immediately before 1 September 1994".

  (b) Omit paragraph (b), substitute:

      "(b) a permanent visa.".

48. Paragraph 5(b):

  Omit all the words after "a notice", substitute:

"including:

    (i) a statement of the kind mentioned in paragraph 24(3)(ab) of the Migration Act 1958 as in force immediately before 1 September 1994 or a notice under paragraph 24(6)(aa) or 34(3)(aa) of that Act as in force at that time; or

    (ii) a notice including a statement of the kind mentioned in subsection 26ZEA(3) of the Migration Act 1958; and".

PART 8—AMENDMENT OF THE MIGRATION (DELAYED VISA APPLICATIONS) TAX ACT 1992

49. Subsection 5(3):

  Omit "that is not approved", substitute "if a visa is not granted".

PART 9—AMENDMENTS OF THE MIGRATION (HEALTH SERVICES) CHARGE ACT 1991

50. Section 3 (definition of "entry permit"):

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

SCHEDULE 3—continued

51. Section 3 (definition of "visa"):

  Omit the definition.

52. Section 3:

  Add at the end:

"(2) In this Act, unless the contrary intention appears, an expression defined for the purposes of the Migration Act 1958 has the same meaning as in that Act.".

53. Paragraph 5(1)(b):

Omit "in any other case", substitute "if the visa or entry permit has been, or is, granted before 1 September 1994".

54. Subsection 5(1):

  Add at the end:

"; or (c) in any other case:

        (i) regulations made under paragraph 181(1)(h) of the Migration Act 1958 require that an assurance of support be given in relation to the applicant in respect of the applicant seeking to enter, or remain in, Australia; and

        (ii) the Minister has given the applicant a notice including a statement of the kind mentioned in subsection 26ZEA(2) of that Act; and

        (iii) the applicant would, apart from subparagraph 26ZF(1)(iv) of that Act, be granted a visa.".

55. Subsection 7(2):

  Add at the end "or the Minister refuses to grant the entry permit or visa.".

PART 10—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986

56.