Document ID: chunk:federal_register_of_legislation:C2004A00887:clause:1_46a
Version: federal_register_of_legislation:C2004A00887
Segment Type: clause
Provision Reference: sch 1 cl 46A
Character Range: 3929–6042

46A  Visa applications by offshore entry persons

 (1) An application for a visa is not a valid application if it is made by an offshore entry person who:
 (a) is in Australia; and
 (b) is an unlawful non‑citizen.

 (2) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to an offshore entry person, determine that subsection (1) does not apply to an application by the person for a visa of a class specified in the determination.

 (3) The power under subsection (2) may only be exercised by the Minister personally.

 (4) If the Minister makes a determination under subsection (2), the Minister must cause to be laid before each House of the Parliament a statement that:
 (a) sets out the determination; and
 (b) sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that the Minister's actions are in the public interest.

 (5) A statement under subsection (4) must not include:
 (a) the name of the offshore entry person; or
 (b) any information that may identify the offshore entry person; or
 (c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.

 (6) A statement under subsection (4) must be laid before each House of the Parliament within 15 sitting days of that House after:
 (a) if the determination is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
 (b) if the determination is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

 (7) The Minister does not have a duty to consider whether to exercise the power under subsection (2) in respect of any offshore entry person whether the Minister is requested to do so by the offshore entry person or by any other person, or in any other circumstances.

[Minister's second reading speech made in—
House of Representatives on 18 September 2001
Senate on 20 September 2001]

(184/01)