Commonwealth Consolidated Acts

MIGRATION LEGISLATION AMENDMENT ACT (NO. 1) 2001 - SCHEDULE 2

Part 1 -- Character test

Migration Act 1958

1  Paragraph 501A(1)(c)

Omit "to grant a visa to a person as a result of not exercising", substitute "not to exercise".

2  At the end of subsection 501A(1) (after paragraph (d))

Add:

; whether or not the person satisfies the delegate or Tribunal that the person passes the character test and whether or not the delegate or Tribunal reasonably suspects that the person does not pass the character test.

3  After subsection 501A(4)

Insert:

          (4A)  Under subsection (2) or (3), the Minister may cancel a visa that has been granted to a person even if the original decision under subsection (1) was a decision not to exercise the power conferred by subsection 501(1) to refuse to grant a visa to the person.

Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998

4  Paragraph 33(1)(c) of Schedule 1

Omit "to grant a visa to a person as a result of not exercising", substitute "not to exercise".

Part 2 -- Other technical corrections

Migration Act 1958

5  Subsection 140(1)

Omit "or 116", substitute ", 116 or 128".

6  Paragraph 140(2)(a)

Omit "or 116", substitute ", 116 or 128".

7  Application of amendment

The amendment made by item 6 applies in relation to cancellations of visas under section 128 that take place after the commencement of that item.

7A  Subsection 475(3) (second occurring)

Renumber as subsection (4).

Migration Legislation Amendment Act (No. 1) 1998

8  Item 6 of Schedule 2

Repeal the item.

Note:       This item repeals a misdescribed amendment of the Migration Act 1958 .

9  Item 12 of Schedule 3 (heading)

Omit " Part 6 ", substitute " Part 7 ".

Note:       This item corrects a misdescribed amendment of the Migration Act 1958 .

Migration Legislation Amendment (Migration Agents) Act 1999

10  Item 5 of Schedule 2 (heading)

Repeal the heading, substitute:

5  At the end of subsection 316(1)

Note:       This item corrects a misdescribed amendment of the Migration Act 1958 .