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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Integrity of Regional Migration Schemes) Bill
2000
No. ,
2000
(Immigration and Multicultural
Affairs)
A Bill for an Act to amend the law
relating to migration, and for related purposes
ISBN: 0642 45454X`
Contents
Migration Act
1958 3
A Bill for an Act to amend the law relating to migration,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Integrity of Regional Migration Schemes) Act 2000.
(1) Subject to this section, this Act (other than item 4 of
Schedule 1) commences on a day to be fixed by Proclamation.
(2) If this Act (other than item 4 of Schedule 1) does not
commence under subsection (1) within the period of 6 months beginning on
the day on which this Act receives the Royal Assent, it commences on the first
day after the end of that period.
(3) Item 4 of Schedule 1 commences at the later of the following
times:
(a) immediately after the commencement of item 3 of
Schedule 1;
(b) the commencement of Parts 4 to 10 of the Act that establishes the
Administrative Review Tribunal.
Note: The short title of the Act that establishes the
Administrative Review Tribunal is either the Administrative Review Tribunal
Act 2000 or the Administrative Review Tribunal Act
2001.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The amendment made by item 3 of Schedule 1 applies to regional
sponsored employment visas granted after the commencement of this section, as a
result of applications made after the commencement of this
section.
1 Subparagraph 48(1)(b)(ii)
Omit “or 137J (student visas)”, substitute “, 137J
(student visas) or 137Q (regional sponsored employment visas)”.
2 After paragraph 118(d)
Insert:
(da) section 137Q (cancellation of regional sponsored employment
visas); or
3 Before Subdivision H of Division 3 of
Part 2
Insert:
Employment does not commence
(1) The Minister may cancel a regional sponsored employment visa held by a
person if:
(a) the Minister is satisfied that the person has not commenced the
employment referred to in the relevant employer nomination within the period
prescribed by the regulations; and
(b) the person does not satisfy the Minister that he or she has made a
genuine effort to commence that employment within that period.
Employment terminates within 2 years
(2) The Minister may cancel a regional sponsored employment visa held by a
person if:
(a) the Minister is satisfied that:
(i) the person commenced the employment referred to in the relevant
employer nomination (whether or not within the period prescribed by the
regulations); and
(ii) the employment terminated within the period (the required
employment period) of 2 years starting on the day the person commenced
that employment; and
(b) the person does not satisfy the Minister that he or she has made a
genuine effort to be engaged in that employment for the required employment
period.
Regional sponsored employment visa
(3) In this section:
regional sponsored employment visa means a visa of a kind
that:
(a) is included in a class of visas that has the words “Employer
Nomination” in its title; and
(b) is prescribed by the regulations for the purposes of this
definition.
(1) Before cancelling a person’s visa under section 137Q, the
Minister must give the person a written notice:
(a) stating that the Minister proposes to cancel the visa; and
(b) inviting the person to make representations to the Minister concerning
the proposed cancellation within:
(i) if the notice is given in Australia—28 days after the notice is
given; or
(ii) if the notice is given outside Australia—70 days after the
notice is given.
(2) The Minister must consider any representations received within that
period.
(3) If the Minister decides not to proceed with the cancellation, the
Minister must give the person written notice of the decision.
(1) If the Minister decides to cancel a person’s visa under
section 137Q, he or she must give the person written notice of the
decision. The notice must:
(a) specify the reasons for the cancellation; and
(b) state whether or not the decision to cancel the visa is reviewable
under Part 5; and
(c) if the decision to cancel the visa is reviewable under
Part 5—state the period within which an application for review can be
made, who can apply for the review and where the application for review can be
made.
(2) Failure to give notice of the decision does not affect the validity of
the decision.
(1) If a person’s visa is cancelled under section 137Q, a visa
held by another person because of being a member of the family unit of the
person is also cancelled.
(2) The cancellation under subsection (1) of this section is set
aside if the cancellation of the person’s visa under section 137Q is
set aside under Part 5.
(3) In this section:
member of the family unit has the meaning given by the
regulations.
4 Section 137S
Repeal the section, substitute:
(1) If the Minister decides to cancel a person’s visa under
section 137Q, he or she must give the person written notice of the
decision. The notice must specify the reasons for the cancellation.
Note: If the decision is reviewable under Part 5,
notification of the decision must include information about review rights: see
section 340.
(2) Failure to give notice of the decision does not affect the validity of
the decision.