Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p21
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 52426–55490

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" (wherever occurring) and substituting "when entering";

    (g) by omitting subsection (4) and substituting the following subsection:

    "(4) In any proceeding for an offence against subsection (1), evidence that a non-citizen who entered Australia on board a vessel failed, when entering, to produce to an officer, upon demand by that officer, evidence of a visa:

       (a) that is in effect; and

       (b) that permits the non-citizen to travel to and enter Australia;

    is prima facie evidence that the non-citizen did not, when entering, hold such a visa.";

    (h) by omitting from subsection (5) "person" (first occurring) and substituting "non-citizen";

     (i) by omitting from paragraph (5)(a) "person" and substituting "non-citizen";

    (j) by omitting from paragraph (5)(a) "granted under this Act applicable to his or her travel to Australia on that occasion" and substituting "that was in effect and that permitted him or her to travel to and enter Australia";

    (k) by omitting from subparagraph (5)(a)(ii) "force" and substituting "effect";

    (l) by omitting from subparagraph (5)(a)(ii) "person's expected arrival" and substituting "non-citizen's expected entry";

    (m) by omitting paragraph (5)(b) and substituting the following paragraph:

          "(b) that the master of the vessel had reasonable grounds for believing that, when the non-citizen boarded or last boarded the vessel for travelling to and entering Australia, the non-citizen:

           (i) was eligible for a special category visa; or

           (ii) was the holder of a special purpose visa; or

             (iii) would, when entering Australia, be the holder of a special purpose visa; or";

    (n) by omitting subsection (7).

Removees and deportees held in other custody

  63. Section 94 of the Principal Act is amended:

     (a) by omitting subsections (1) and (2) and substituting the following subsections:

     "(1) This section applies if a person is a removee or a deportee and is in the custody of an authority of the Commonwealth, a State or a Territory, otherwise than under this Act.

      "(2) The Secretary may give the person written notice:

      (a) if the person is a deportee:

         (i) stating that a deportation order has been made; and

         (ii) setting out particulars of the deportation order; and

        (b) if the person is a removee—stating that the person is to be removed; and

        (c) in any case—stating that, from the time when 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