Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p2
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 2910–5654

(2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

Interpretation

  3. Section 4 of the Principal Act is amended:

    (a) by omitting from subsection (1) the definition of "valid visa" and substituting the following definition:

     " 'valid visa' means a document, notation or visa that has not been cancelled under this Act or otherwise stopped being in force, being:

         (a)     a document or notation permitting a person to return to Australia that was issued before 1 November 1979; or

         (b)    a visa granted under this Act, whether before or after the commencement of section 4 of the Migration Legislation Amendment Act 1989;";

    (b) by omitting from subsection (1) the definition of "visa" and substituting the following definition:

     " 'visa' means an entry visa or a travel-only visa;";

    (c)     by adding "or" at the end of paragraphs (a), (b) and (c) of the definition of "officer" in subsection (1);

    (d)    by adding at the end of the definition of "officer" in subsection (1) the following word and paragraph:

           "; or (f) any other person authorised by the Minister, by notice published in the Gazette, to be an officer for the purposes of this Act;";

  (e) by inserting in subsection (1) the following definitions:

     " 'entry visa' has the meaning given in section 17;

     'processing area' means an area nominated by the Minister under section 54a;

     'prohibited person' means a person who has become a prohibited person under section 54d;

     'refugee' has the same meaning as it has in Article 1 of the Refugees Convention or in that Article as amended by the Refugees Protocol;

     'Refugees Convention' means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951;

     'Refugees Protocol' means the Protocol relating to the Status of Refugees done at New York on 31 January 1967;

     'travel-only visa' means any visa except an entry visa;

     'unprocessed person' has the meaning given by section 54b;";

   (f) by adding at the end the following subsections:

      "(27) To avoid doubt, in this Act 'is taken', when followed

     by the infinitive form of a verb, has the same force and effect as 'is deemed' when followed by the infinitive form of that verb. "(28) To avoid doubt, except as provided by subsections 115 (5) and (6) and 137 (1) and (2):

        (a)     there is no power to grant a visa except under section 24 or 51; and

        (b)     there is no power to grant an entry permit except under section 34 or 52.".

Period of grace

  4. Section 13 of the Principal Act is amended:

  (a)     by adding