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This is a Bill, not an Act. For current law, see the Acts databases.

MIGRATION AMENDMENT (VISA CAPPING) BILL 2010

2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Visa Capping)
Bill 2010
No. , 2010
(Immigration and Citizenship)
A Bill for an Act to amend the Migration Act 1958,
and for other purposes
i Migration Amendment (Visa Capping) Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Migration Act 1958
3
Migration Amendment (Visa Capping) Bill 2010 No. , 2010 1
A Bill for an Act to amend the Migration Act 1958,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Visa Capping)
5
Act 2010.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Migration Amendment (Visa Capping) Bill 2010 No. , 2010
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Migration Amendment (Visa Capping) Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 Section 39
4
Repeal the section.
5
2 Paragraph 46(1)(d)
6
After "protection visa),", insert "91AB (effect of visa cap),".
7
3 Paragraph 47(2)(c)
8
Omit "section 39 (limiting number of visas) or 84 (suspension of
9
consideration)", substitute "section 84 (suspension of consideration) or
10
91AB (effect of visa cap)".
11
4 Subsection 63(1)
12
Omit "39 (criterion limiting number of visas),".
13
5 Subsection 63(1)
14
After "on visas)", insert ", 91AB (effect of visa cap)".
15
6 Subsection 82(9)
16
After "sections", insert "91AC,".
17
7 Paragraph 86(a)
18
After "determination", insert "under section 85".
19
8 After Subdivision AH of Division 3 of Part 2
20
Insert:
21
Subdivision AHA--Visa capping
22
91AA Capping the number of visas that may be granted in a
23
financial year
24
(1) The Minister may, by legislative instrument, determine the
25
maximum number of visas of a specified class or specified classes
26
Schedule 1 Amendments
4 Migration Amendment (Visa Capping) Bill 2010 No. , 2010
that may be granted in a specified financial year to applicants who
1
are included in a specified class, or specified classes, of applicants.
2
(2) Subsection (1) does not apply to protection visas.
3
91AB Effect of visa cap
4
(1) This section applies if:
5
(a) a determination has been made under section 91AA of the
6
maximum number of visas of a particular class (the capped
7
visas) that may be granted in a financial year to applicants
8
(the affected applicants) who are included in a specified
9
class, or specified classes, of applicants; and
10
(b) the number of capped visas that have been granted in the
11
financial year to affected applicants reaches that maximum
12
number.
13
No more capped visas may be granted
14
(2) No more capped visas may be granted in the financial year:
15
(a) to an affected applicant; or
16
(b) to any person who applied for the capped visa on the ground
17
that the person is a member of the family unit of an affected
18
applicant.
19
Outstanding applications are taken not to have been made
20
(3) Any outstanding applications for a capped visa made by the
21
following persons are taken not to have been made:
22
(a)
an
affected
applicant;
23
(b) any person who applied for the capped visa on the ground
24
that the person is a member of the family unit of an affected
25
applicant.
26
No more applications for a capped visa may be made
27
(4) No more applications for a capped visa may be made in the
28
financial year by:
29
(a) a person who would be included in the specified class, or
30
specified classes, of applicants if the person were an
31
applicant for the capped visa; or
32
Amendments Schedule 1
Migration Amendment (Visa Capping) Bill 2010 No. , 2010 5
(b) a person who applies for the capped visa on the ground that
1
the person is a member of the family unit of a person referred
2
to in paragraph (a).
3
Exception
4
(5) This section does not prevent the grant of a capped visa to a person
5
who applies for the visa on the ground that the person is a member
6
of the family unit of the holder of a capped visa.
7
91AC Consequences if a person's visa application is taken not to
8
have been made
9
(1) This section applies if a person's application for a visa (the capped
10
visa) is taken not to have been made under subsection 91AB(3).
11
Cessation of certain bridging visas
12
(2) If the person holds a bridging visa because the person had applied
13
for the capped visa, the bridging visa ceases to be in effect 28 days,
14
or such longer period prescribed by the regulations, after:
15
(a) if the regulations prescribe an event for the purposes of this
16
paragraph--the day on which the event occurs; or
17
(b) otherwise--the day on which the person is notified of the
18
matter referred to in subsection (1).
19
Cessation of certain temporary visas
20
(3)
If:
21
(a) the person holds a temporary visa; and
22
(b) assuming that the application for the capped visa had been
23
decided, the temporary visa would, apart from this
24
subsection, have ceased to be in effect when the person was
25
notified of that decision;
26
the temporary visa ceases to be in effect 28 days, or such longer
27
period prescribed by the regulations, after:
28
(c) if the regulations prescribe an event for the purposes of this
29
paragraph--the day on which the event occurs; or
30
(d) otherwise--the day on which the person is notified of the
31
matter referred to in subsection (1).
32
Schedule 1 Amendments
6 Migration Amendment (Visa Capping) Bill 2010 No. , 2010
9 Application--subsections 91AC(2) and (3) of the Migration
1
Act 1958
2
(1)
Subsection 91AC(2) of the Migration Act 1958, as inserted by this
3
Schedule, applies in relation to a bridging visa that was granted before
4
or after the commencement of this item.
5
(2)
Subsection 91AC(3) of that Act, as inserted by this Schedule, applies in
6
relation to a temporary visa that was granted before or after the
7
commencement of this item.
8

 

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