Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p8
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
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Character Range: 18509–21438

had not subsequently been immigration cleared.".

Conditions on visas

  12. Section 26G of the Principal Act is amended:

  (a) by omitting from subsection (1) "in a" and substituting "of a";

  (b) by omitting from subsection (2) "in a" and substituting "of a";

     (c) by omitting from paragraph (2)(a) "a visa" and substituting "a substantive visa (other than a protection visa)";

  (d) by adding at the end the following subsection:

     "(3) In addition to any conditions specified under subsection (1), the Minister may specify that a visa is subject to such conditions as are permitted by the regulations for the purposes of this subsection.".

Visa essential for travel

13. Section 26H of the Principal Act is amended by inserting in subsections (1) and (3) "that is in effect" after "visa".

Visa holders must usually enter at a port

  14. Section 26J of the Principal Act is amended:

  (a) by inserting "travel to and" before "enter" (first occurring);

  (b) by inserting "that is in effect" after "Australia" (first occurring);

  (c) by adding at the end the following subsection:

    "(2) For the purposes of subsection (1), a holder who travels to and enters Australia on an aircraft is taken to have entered Australia when that aircraft lands.".

Application for visa

  15. Section 26L of the Principal Act is amended:

  (a) by omitting subsection (1) and substituting the following subsection:

    "(1) Subject to this Act and the regulations, a non-citizen who wants a visa must apply for a visa of a particular class.";

    (b) by omitting from paragraphs (2)(b) and (c) "in a" and substituting "of a";

    (c) by omitting from subsection (3) "in a" and substituting "for a visa of a";

    (d) by omitting from paragraph (3)(b) "or have been refused immigration clearance";

  (e) by inserting after paragraph (3)(b) the following subparagraph:

          "(ba) must have been refused immigration clearance and not have subsequently been immigration cleared; or";

    (f) by omitting paragraph (3)(c) and substituting the following paragraph:

      "(c) must be in the migration zone and, on last entering Australia:

             (i) have been immigration cleared; or

             (ii) have bypassed immigration clearance and not have subsequently been immigration cleared;".

Valid visa application

  16. Section 26M of the Principal Act is amended:

    (a) by omitting "An application" and substituting "Subject to subsection (2), an application";

  (b) by omitting from paragraph (a) "in a" and substituting "of a";

  (c) by adding at the end the following subsection:

      "(2) An application for a visa is also valid if:

        (a) it is an application for a visa of a class prescribed for the purposes of this subsection; and

        (b) under the regulations, the application is taken to have been validly made.".

Consideration of valid visa application

  17. Section 26N