Document ID: chunk:federal_register_of_legislation:C2004A02993:body:0:p3
Version: federal_register_of_legislation:C2004A02993
Segment Type: other
Provision Reference: 
Character Range: 5647–8284

the meaning of the Migration Act 1958 as in force from time to time on or after the prescribed date;
          "'psychiatric institution' includes a psychiatric section of a hospital; "'relevant defence service' means—
               (a) service in the permanent forces of the Commonwealth; or

               (b) service by virtue of a notice under section 26 of the National Service Act 1951 as in force at any time before 26 November 1964;
          "'responsible parent', in relation to a child, means a person, whether or not a parent of the child, who, under a law in force in a foreign country or a law of the Commonwealth, a State or a Territory, whether by reason of adoption, operation of law, an order of a court or otherwise, has guardianship or custody of the child whether jointly or otherwise;
          "'return endorsement' means a return endorsement within the meaning of the Migration Act 1958 and includes a document or notation referred to in sub-section 9 (3) of the Migration Amendment Act 1979;
          "'Secretary' means the Secretary to the Department.".
    (e) by omitting paragraph (3) (b); and
    (f) by adding at the end thereof the following sub-sections:
    "(5) For the purposes of this Act—
          (a) a reference to a period during which a person is or has been confined in a prison includes a reference to a period—
               (i) during which the person is or has been an escapee from a prison; or
               (ii) during which the person is or has been undergoing a sentence of periodic detention in a prison; and
          (b) a reference to a period during which a person is or has been confined in a psychiatric institution by order of a court includes a reference to a period during which the person is or has been an escapee from the institution.
    "(6) A child born to a woman as a result of the carrying out, during the period in which the woman was married to a man, of a medical procedure in relation to that woman, being a child who is not biologically the child of that man, shall, for the purposes of this Act, be deemed to be a child of that man and of no other man if the medical procedure was carried out with the consent of that man.
    "(7) Sub-section (6) applies in relation to a purported marriage that is void as if the purported marriage were a marriage and as if the parties to the purported marriage were husband and wife unless, at the time of the carrying out of the medical procedure referred to in sub-section (6), neither party to the purported marriage believed on reasonable grounds that the purported marriage was valid.
    "(8) In sub-section (6),