Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 62

62. Section 76 of the Principal Act is amended:

   (a)  by omitting from subsection (1) "person, on arrival in" and
        substituting "non-citizen, when entering";

   (b)  by omitting paragraph (1)(a) and substituting the following paragraph:

"(a) is in possession of evidence of a visa that is in effect and that permits
him or her to travel to and enter Australia;";

   (c)  by inserting after paragraph (1)(a) the following paragraph:

"(aa) holds a special purpose visa; or";
(d) by omitting from paragraph (1)(b) "person" and substituting

"non-citizen";
(e) by omitting from subsection (3) "arrived in" and substituting "travelled
to and entered";
(f) by omitting from subsection (3) "on arrival" (wherever occurring) and
substituting "when entering";

   (g)  by omitting subsection (4) and substituting the following subsection:

"(4) In any proceeding for an offence against subsection (1), evidence that a
non-citizen who entered Australia on board a vessel failed, when entering, to
produce to an officer, upon demand by that officer, evidence of a visa:

   (a)  that is in effect; and

   (b)  that permits the non-citizen to travel to and enter Australia; is
        prima facie evidence that the non-citizen did not, when entering, hold
        such a visa.";

   (h)  by omitting from subsection (5) "person" (first occurring) and
        substituting "non-citizen";

   (i)  by omitting from paragraph (5)(a) "person" and substituting
        "non-citizen";

   (j)  by omitting from paragraph (5)(a) "granted under this Act applicable
        to his or her travel to Australia on that occasion" and substituting
        "that was in effect and that permitted him or her to travel to and
        enter Australia";

   (k)  by omitting from subparagraph (5)(a)(ii) "force" and substituting
        "effect";

   (l)  by omitting from subparagraph (5)(a)(ii) "person's expected arrival"
        and substituting "non-citizen's expected entry";

   (m)  by omitting paragraph (5)(b) and substituting the following paragraph:

"(b) that the master of the vessel had reasonable grounds for believing that,
when the non-citizen boarded or last boarded the vessel for travelling to and
entering Australia, the non-citizen:

        (i)    was eligible for a special category visa; or

        (ii)   was the holder of a special purpose visa; or

        (iii)  would, when entering Australia, be the holder of a special
               purpose visa; or";

   (n)  by omitting subsection (7).