Document ID: chunk:federal_register_of_legislation:C2004A02376:body:0:p4
Version: federal_register_of_legislation:C2004A02376
Segment Type: other
Provision Reference: 
Character Range: 7329–9977

notation, or form of provisional authority to enter Australia, that was issued before 1 November 1979.

"(6) For the purposes of sub-section (1), but without limiting the manner in which a person may have been, or may be, authorized to work in Australia, the holder of a temporary entry permit granted before 29 October 1979 shall be taken to be authorized to work in Australia if, in the application or last application to visit Australia made by him or on his behalf—
     (a) in a case where the application was made by the holder—he did not declare that he would not engage in employment in Australia;
     (b) in a case where the application was made on behalf of the holder—the person making the application did not declare that the holder would not engage in employment in Australia.

"(7) For the purposes of sub-section (1), a person who is the holder of a temporary entry permit granted after 28 October 1979 shall be taken to be authorized to work in Australia—
     (a) if that temporary entry permit was not granted subject to any condition imposing restrictions with respect to the work that may be performed by him in Australia;
     (b) if that temporary entry permit was granted subject to a condition imposing restrictions on his performing work other than specified work or work of a specified kind in Australia; or
     (c) if that temporary entry permit was granted subject to a condition imposing restrictions on his performing any work without the permission, in writing, of an authorized officer, and such a permission in writing has been given and has not been revoked.

"(8) In this section, a reference to an entry permit shall be read as a reference to an entry permit other than a temporary entry permit.".

Persons entering Australia in certain circumstances to be prohibited immigrants
7. (1) Section 16 of the Principal Act is amended—
     (a) by inserting in paragraph (ba) of sub-section (1) "to the Minister or" after "produced"; and
     (b) by omitting from sub-section (1) "the officer granting that permit" and substituting "the person granting that permit".

(2) Section 16 of the Principal Act is further amended by adding at the end thereof the following sub-sections:

"(5) Where a person is deemed, by virtue of the operation of sub-section 12(1) of the Migration Amendment Act (No. 2) 1980, to have entered Australia as an immigrant, this section does not apply to or in relation to that entry.

"(6) Where a person who is the holder of a re-entry permit within the meaning of section 12 of the Migration Amendment Act (No. 2) 1980, makes, at any time while he is in Australia and before the expiration