Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p20
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 49849–52721

person was a non-citizen who:

      (i) had been in Australia as a permanent resident:

          (A) for a period of less than 10 years; or

            (B) for periods that, when added together, total less than 10 years; or

        (ii) was a citizen of New Zealand who had been in Australia as an exempt non-citizen or a special category visa holder:

            (A) for a period of less than 10 years as an exempt non-citizen or a special category visa holder; or

            (B) for periods that, when added together, total less than 10 years, as an exempt non-citizen or a special category visa holder or in any combination of those capacities; and".

Deportation of non-citizens upon security grounds

58. Section 56 of the Principal Act is amended by omitting from paragraph (1)(a) all the words from and including "(not being a person" to and including "at least 10 years)" and substituting "referred to in paragraph 55(b)".

Determination of time for sections 55 and 56

59. Section 58 of the Principal Act is amended by adding at the end of subsection (1) "or as an exempt non-citizen or a special category visa holder.".

Insertion of new section

60. After section 66G of the Principal Act the following section is inserted:

Vessels required to convey certain removees

"66GA.(1) If a person covered by subsection 54ZA(1) is to be removed, the Secretary may give the controller of the vessel on which the person travelled to and entered Australia written notice requiring the controller to transport the person from Australia.

"(2) Subject to section 66J, the controller must comply with the notice within 72 hours of the giving of the notice or such further time as the Secretary allows.

Penalty: 100 penalty units.".

Vessels required to convey deportees or other removees

  61. Section 66H of the Principal Act is amended:

    (a) by omitting from subsection (1) "If" and substituting "Subject to section 66GA, if";

  (b) by omitting from subsection (2) "term" and substituting "time";

  (c) by omitting "$10,000" and substituting "100 penalty units".

Carriage of non-citizens to Australia without documentation

  62. Section 76 of the Principal Act is amended:

    (a) by omitting from subsection (1) "person, on arrival in" and substituting "non-citizen, when entering";

    (b) by omitting paragraph (1)(a) and substituting the following paragraph:

         "(a) is in possession of evidence of a visa that is in effect and that permits him or her to travel to and enter Australia;";

  (c) by inserting after paragraph (1)(a) the following paragraph:

      "(aa) holds a special purpose visa; or";

    (d) by omitting from paragraph (1)(b) "person" and substituting "non-citizen";

    (e) by omitting from subsection (3) "arrived in" and substituting "travelled to and entered";

    (f) by omitting from subsection (3) "on arrival"