Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 38
Australian Citizenship Act 1948
Subsection 5(1) (definition of prescribed date ):
Omit "the Migration Amendment Act 1983 comes into operation", substitute "section 4 of the Migration Legislation Amendment Act 1989 commences".
Subsection 5(1) (definition of prohibited immigrant ):
Omit "the prescribed date", substitute "2 April 1984".
Subsection 5(1) (definition of prohibited non-citizen ):
Omit "the prescribed date", substitute "2 April 1984 but before the prescribed date".
Subsection 5(1) (definitions of entry permit and visa ):
Omit the definitions.
Subsection 5(1):
Insert the following definitions:
" illegal entrant means an illegal entrant within the meaning of the Migration Act 1958 as in force from time to time on or after the prescribed date.
"valid entry permit" has the same meaning as in the Migration Act 1958 .
"valid permanent entry permit" has the same meaning as in the Migration Act 1958 .
"valid visa" has the same meaning as in the Migration Act 1958 ;".
Paragraph 5A(1)(a):
Omit "the prescribed date", substitute "2 April 1984".
Paragraph 5A(1)(b):
Omit "the prescribed date", substitute "2 April 1984 and before the prescribed date".
After paragraph 5A(1)(b):
Insert the following paragraph:
"(ba) in relation to a period on or after the prescribed date during which the person was present in Australia (other than a prescribed Territory), if:
(i) the person's continued presence in Australia (other than a prescribed Territory) was not during that period, subject to any limitation as to time imposed by law;
(ii) the person was not, during that period, an illegal entrant; and
(iii) the person was not, during that period, a person who, if an event of the kind referred to in paragraph 5E(a), (b), (c), (d), (e) or (g) of the Migration Act 1958 as in force from time to time during that period had occurred, would have become an illegal entrant because of subsection 6(4) of that Act as so in force or, in a case where he or she was such a person, he or she was, during that period, a person to whom a declaration in force under subsection (2) applies;".
Sub-subparagraph 5A(1)(d)(i)(A):
Omit "a visa", substitute "a valid visa".
Paragraph 5A(2)(a):
(a) Omit "the prescribed date", substitute "2 April 1984".
(b) Omit "or".
Paragraph 5A(2)(b):
Omit "the prescribed date" substitute "2 April 1984 but before the prescribed date".
After paragraph 5A(2)(b):
Insert the following word and paragraph:
"; or (c) if an event of the kind referred to in paragraph 5E(e) of the Migration Act 1958 , as in force from time to time on or after the prescribed date, had occurred, would have become illegal entrants because of subsection 6(4) of that Act as so in force;".
Subsection 5A(5):
Omit "a visa granted under section 11AB of the Migration Act 1958 ", substitute "a statutory visitor's visa".
Paragraph 5A(5)(b):
Omit the paragraph, substitute the following paragraph:
"(b) the person is not the holder of a valid permanent entry permit.".
Section 5A:
Add at the end the following subsection:
"(6) In this section:
"statutory visitor's visa" means:
(a) a visa granted before the prescribed date under section 11AB of the Migration Act 1958 as in force from time to time before the prescribed date; or
(b) a visa granted on or after the prescribed date under section 11ZH of the Migration Act 1958 as in force from time to time on or after the prescribed date.".
Subsection 10(6):
Omit the subsection, substitute the following subsection:
"(6) A reference in this section to a permanent resident does not include a reference to a person who is, for the purposes of the Migration Act 1958 , an exempt non-citizen.".
Sub-subparagraph 10B(1)(b)(ii)(B):
Insert "as an illegal entrant," after "non-citizen,".
Subparagraph 13(4)(b)(iv):
Insert "as an illegal entrant," after "non-citizen,".
Subparagraph 23AA(1)(b)(iii):
Insert ", as an illegal entrant" after "non-citizen".
Australian Protective Service Act 1987
Paragraph 21(3)(b):
Insert "37A," after "sections".
Departure Tax Collection Act 1978
Paragraph 5(1)(c):
Omit the paragraph, substitute the following paragraph:
"(c) a person referred to in paragraph (b) of the definition of exempt non-citizen in subsection 5(1) of the Migration Act 1958 ;".
Paragraphs 17(4)(b) and (c):
Omit the paragraphs, substitute the following paragraphs:
"(b) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent entry permit;
"(c) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958 ; or
"(d) a person who is, for the purposes of the Migration Act 1958 , an exempt non-citizen, being a person who the Secretary is satisfied is likely to remain in Australia.".
Subsection 3(1) (paragraph (b) of the definition of Australian resident ):
Omit the paragraph, substitute the following paragraphs:
"(b) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent entry permit;
(ba) a person who has been granted, or who is included in, a return endorsement or a resident return visa in force under the Migration Act 1958 ;".
Subsection 3(1) (subparagraph (e)(i) of the definition of Australian resident ):
Omit the subparagraph, substitute the following subparagraph:
"(i) is, within the meaning of the Migration Act 1958 , the holder of a valid temporary entry permit; and".
Subsection 3(1) (subparagraph (e)(vi) of the definition of Australian resident ):
Omit "under the Migration Act 1958 ", substitute "within the meaning of section 11ZD of the Migration Act 1958 ".
Paragraph 35(12)(a):
Omit the paragraph, substitute the following paragraph:
"(a) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid temporary entry permit; or".
Subsection 3(1) (paragraphs (b) and (c) of the definition of Australian resident ):
Omit the paragraphs, substitute the following paragraphs:
"(b) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent entry permit;
(c) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under the Migration Act 1958 ; or
(d) a person who is, for the purposes of the Migration Act 1958 , an exempt non-citizen, being a person who is likely to remain permanently in Australia;".
Paragraph 129(3)(b):
Omit "a prohibited non-citizen", substitute "an illegal entrant".
Veterans' Entitlements Act 1986
Subsection 35(1) (paragraphs (b) and (c) of the definition of Australian resident ):
Omit the paragraphs, substitute the following paragraphs:
"(b) a person who is, within the meaning of the Migration Act 1958 , the holder of a valid permanent entry permit;
(c) a person who has been granted, or who is included in, a return endorsement, or a resident return visa, in force under the Migration Act 1958 ; or
(d) a person who is, for the purposes of the Migration Act 1958 , an exempt non-citizen, being a person who is likely to remain permanently in Australia;".
Notes relating to section headings
On the day on which this Act receives the Royal Assent:
(a) the heading to section 30 of the Migration Act 1958 is altered by omitting "prohibited non-citizens" and substituting "illegal entrants".
(b) the heading to section 35 of the Migration Act 1958 is altered by omitting "Prohibited non-citizens, &c.," and substituting "Prohibited entrants etc.".
(c) the heading to section 36A of the Migration Act 1958 is altered by omitting "non-citizen" and substituting "entrant".