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Migration Amendment
("Points" System) Act 1993

No. 14 of 1994

An Act to amend the Migration Act 1958, and for
related purposes

[Assented to 19 January 1994]

  The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Migration Amendment ("Points" System) Act 1993.

  (2) In this Act, "Principal Act" means the Migration Act 19581.

Commencement

  2. This Act commences on the day on which it receives the Royal Assent.

Object of Act

  3. The object of this Act is to simplify the immigration "points" system.

Interpretation

  4. Section 4 of the Principal Act is amended:

     (a) by omitting from subsection (1) the definitions of "applicable pool entrance mark", "applicable priority mark" and "score";

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

     " 'applicable pass mark' means:

        (a) in relation to a visa of a particular class—the number of points specified as the pass mark for that class in a notice under section 32 in force at the time concerned; and

        (b) in relation to an entry permit of a particular class—the number of points specified as the pass mark for that class in a notice under section 42 in force at the time concerned;";

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

     " 'applicable pool mark', in relation to a visa of a particular class, means the number of points specified as the pool mark for that class in a notice under section 32 in force at the time concerned;

     'assessed score' means:

        (a) in relation to an applicant for a visa—the total number of points given to the applicant in an assessment under section 30; or

        (b) in relation to an applicant for an entry permit—the total number of points given to the applicant in an assessment under subsection 41(2);".

Regulations may provide for visas

5. Section 23 of the Principal Act is amended by omitting from subsection (3) "necessary" and substituting "qualifying".

Grant or refusal of visas

  6. Section 24 of the Principal Act is amended:

    (a) by omitting from subsection (4) ", including if necessary by reassessing the applicant's score under section 30,";

  (b) by inserting after subsection (4) the following subsection:

    "(4A) A reconsideration under subsection (4) does not involve the re-assessment of the applicant's assessed score under section 30.";

  (c) by omitting subsection (8).

Operation of Subdivision

7. Section 29 of the Principal Act is amended by omitting "necessary" and substituting "qualifying".

Initial application of "points" system

8. Section 31 of the Principal Act is amended by omitting subsections (1), (2), (3), (4) and (5) and substituting the following subsections:

"(1) An applicant whose assessed score is more than