Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p5
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 10360–13164

officer at a proclaimed port;

     the authorised officer must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 20 (1) applies, or would apply, for the reasons set out in the notice.";

  (k) by inserting after subsection (14) the following subsection:

      "(14a) In subsection (1a):

     'prescribed disease' means a disease prescribed for the purposes of subparagraph (1) (d) (i);

     'prescribed physical or mental condition' means a physical or mental condition prescribed for the purposes of subparagraph (1) (d) (i).".

Regulations may provide for visas

9. Section 23 of the Principal Act is amended by omitting paragraph (4) (a) and substituting the following paragraph:

      "(a) in the case of an entry visa—the condition that, despite section 18, the entry visa will be taken not to be a valid entry permit for the purposes of section 47;".

Grant or refusal of visas

10. Section 24 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) If the applicant is a non-citizen, a form approved for the purposes of subsection (1) must:

    (a)     require the applicant to make a declaration about his or her character or conduct, or both; or

    (b)     if the form so requires—require another person to make a declaration about the applicant's character or conduct, or both.".

Grant or refusal of entry permits

11. Section 34 of the Principal Act is amended by inserting after subsection (1) the following subsection:

  "(1a) If:

  (a)     the applicant is a non-citizen; and

    (b)     the regulations provide for the approval of a form for the purposes of applications under subsection (1);

the form approved must:

    (c)     require the applicant to make a declaration about his or her character or conduct, or both; or

    (d)     if the form so requires—require another person to make a declaration about the applicant's character or conduct, or both.".

12. Section 47 of the Principal Act is repealed and the following section is substituted:

Permanent entry permit not to be granted to non-citizen after entry into Australia unless the non-citizen holds a temporary entry permit

"47. (1) A permanent entry permit must not be granted to a non-citizen after entry into Australia unless the non-citizen is the holder of a valid temporary entry permit.

  "(2) In this section:

'valid temporary entry permit' does not include:

    (a)     a temporary entry permit granted subject to a condition set out in paragraph 33 (4) (a) or (b); or

    (b)     an entry visa granted subject to a condition set out in paragraph 23 (4) (a) or (b).".

Circumstances in which entry permits may be granted to statutory visitors after entry into Australia

13. Section 53