Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 8

8. After section 26A of the Principal Act the following sections are inserted:
Special purpose visas

"26AA.(1) There is a class of temporary visas to travel to, enter and remain
in Australia, to be known as special purpose visas.



"(2) Subject to subsection (3), a non-citizen is taken to have been granted a
special purpose visa if:

   (a)  the non-citizen:

        (i)    has a prescribed status; or

        (ii)   is a member of a class of persons that has a prescribed status;
               or

   (b)  the Minister declares, in writing, that:

        (i)    the non-citizen is taken to have been granted a special purpose
               visa; or

        (ii)   persons of a class, of which the non-citizen is a member, are
               taken to have been granted special purpose visas.



"(3) A non-citizen is not taken to have been granted a special purpose visa if
a declaration under subsection (9) is in force in relation to the non-citizen
or a class of persons of which the non-citizen is a member.



"(4) A special purpose visa granted under subsection (2) is granted at the
beginning of the later or latest of the following days:

   (a)  if paragraph (2)(a) applies:

        (i)    the day the non-citizen commences to have the prescribed
               status;

        (ii)   the day the class of persons, of which the non-citizen is a
               member, commences to have the prescribed status;

        (iii)  the day the non-citizen commences to be a member of the class
               of persons that has a prescribed status;

   (b)  if paragraph (2)(b) applies:

        (i)    the day the declaration is made;

        (ii)   if a day is specified in the declaration as the day the visa
               comes into effect-that day;

        (iii)  the day the non-citizen commences to be a member of the class
               of persons specified in the declaration.



"(5) A special purpose visa ceases to be in effect at the end of the earlier
or earliest of the following days:

   (a)  if paragraph (2)(a) applies:

        (i)    if the non-citizen ceases to have a prescribed status-the day
               the non-citizen so ceases;

        (ii)   if the non-citizen ceases to be a member of a class of persons
               that has a prescribed status-the day the non-citizen so ceases;

        (iii)  if the Minister makes a declaration under subsection (9) in
               relation to the non-citizen, or a class of persons of which the
               non-citizen is a member-the day that declaration is made;

   (b)  if paragraph (2)(b) applies:

        (i)    if a day is specified in the declaration as the day the visa
               ceases to be in effect-that day;

        (ii)   if an event is specified in the declaration as the event that
               causes the visa to cease to be in effect-the day the event
               happens;

        (iii)  if the non-citizen ceases to be a member of a class of persons
               specified in the declaration-the day the non-citizen so ceases;

        (iv)   if the declaration is revoked-the day of the revocation;

        (v)    if the Minister makes a declaration under subsection (9) in
               relation to the non-citizen, or a class of persons of which the
               non-citizen is a member-the day that declaration is made.



"(6) If the Minister makes a declaration under paragraph (2)(b), he or she is
to cause to be laid before each House of the Parliament a statement that:

   (a)  sets out the contents of the declaration; and

   (b)  sets out the Minister's reasons for the declaration.



"(7) A statement under subsection (6) is not to include:

   (a)  the name of the non-citizen; or

   (b)  if the Minister thinks that it would not be in the public interest to
        publish the name of another person connected in any way with the
        matter concerned-the name of that other person.



"(8) A statement under subsection (6) is to be laid before each House of the
Parliament within 15 sitting days of that House after:

   (a)  if the declaration is made between 1 January and 30 June (inclusive)
        in a year-1 July in that year; or

   (b)  if the declaration is made between 1 July and 31 December (inclusive)
        in a year-1 January in the following year.



"(9) The Minister may make a written declaration, for the purposes of this
section, that it is undesirable that a person, or any persons in a class of
persons, travel to and enter Australia or remain in Australia.



"(10) Section 26J and Subdivisions AA, AB, AC (other than section 26ZK), AE,
AG, AH, C, D, E, F and H do not apply in relation to special purpose visas.

Absorbed person visas

"26AB.(1) There is a class of permanent visas to remain in, but not re-enter,
Australia, to be known as absorbed person visas.



"(2) A non-citizen in the migration zone who:

   (a)  on 2 April 1984 was in Australia; and

   (b)  before that date, had ceased to be an immigrant; and

   (c)  on or after that date, has not left Australia, where left Australia
        has the meaning it had in this Act before 1 September 1994; and

   (d)  immediately before 1 September 1994, was not a person to whom
        section 20 of this Act as in force then applied; is taken to have been
        granted an absorbed person visa on 1 September 1994.



"(3) Subdivisions AA, AB, AC (other than section 26ZK), AE and AH do not apply
in relation to absorbed person visas.

Ex-citizen visas

"26AC.(1) There is a class of permanent visas to remain in, but not re-enter,
Australia, to be known as ex-citizen visas.



"(2) A person who:

   (a)  before 1 September 1994, ceased to be an Australian citizen while in
        the migration zone; and

   (b)  did not leave Australia after ceasing to be a citizen and before that
        date; is taken to have been granted an ex-citizen visa on that date.



"(3) A person who, on or after 1 September 1994, ceases to be an Australian
citizen while in the migration zone is taken to have been granted an
ex-citizen visa when that citizenship ceases.



"(4) Subdivisions AA, AB, AC (other than section 26ZK), AE and AH do not apply
in relation to ex-citizen visas.".