Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p17
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
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Character Range: 41844–44598

Australia".

Cancellation of visa results in other cancellation

  47. Section 50G of the Principal Act is amended:

  (a) by inserting after subsection (2) the following subsection:

      "(2A) If:

        (a) a person's visa (the 'cancelled visa') is cancelled under any provision of this Act; and

      (b) the person is a parent of another person; and

        (c) the other person holds a particular visa (the 'other visa'), that was granted under section 26ZS (child born in Australia) because the parent held the cancelled visa;

     the other visa is also cancelled.";

    (b) by omitting from subsection (3) "(1) or (2)" (wherever occurring) and substituting "(1), (2) or (2A)".

Delegation by Attorney-General

48. Section 53 of the Principal Act is amended by adding at the end the following subsections:

"(2) Subject to subsection (3), the Attorney-General may, in writing, delegate his or her power under section 54C to a member of the Australian Federal Police of a rank not lower than Superintendent.

  "(3) A delegation under subsection (2) must provide that:

  (a) the power may only be exercised in relation to a person at a port; and

     (b) any certificate that is issued by the member is to remain in force for no longer than 5 days.

"(4) The Attorney-General may, at any time, by written notice, revoke a certificate issued by a person exercising a power delegated under subsection (2).".

Removal or deportation not contempt etc. if no stay certificate or warrant

  49. Section 54HA of the Principal Act is amended:

     (a) by omitting from subsection (1) "If" and substituting "Subject to subsection (2), if";

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

     "(2) Subsection (1) does not permit the removal or deportation of a non-citizen if that removal or deportation would be in breach of an order of the High Court or the Federal Court.".

Insertion of new section

50. After section 54HA of the Principal Act the following section is inserted in Subdivision C of Division 3 of Part 2:

Officer not liable—criminal justice stay certificates or warrants

"54HAA. An officer is not liable to any civil or criminal action for doing in good faith, or failing in good faith to do, any act or thing for the purpose of exercising a power under this Act to keep a person who is the subject of a criminal justice stay certificate or criminal justice stay warrant in immigration detention.".

Persons entering to give certain evidence of identity etc.

  51. Section 54HM of the Principal Act is amended:

  (a) by inserting in subsection (1) ", this section" after "(4)";

    (b) by omitting from subparagraph (1)(a)(ii) "any visas" and substituting "a visa that is in effect and is";

  (c) by adding at the