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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Visa
Revalidation and Other Measures) Bill
2016
No. , 2016
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Revalidation check for certain visas
3
Migration Act 1958
3
Schedule 2--Cessation of visas that are not in effect
10
Migration Act 1958
10
Schedule 3--Immigration clearance
12
Migration Act 1958
12
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Migration Amendment (Visa Revalidation and
5
Other Measures) Act 2016.
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 Revalidation and Other Measures) Bill
2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
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. Schedules 1 to
3
A day or days to be fixed by Proclamation.
However, if any of the provisions 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
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation 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
Revalidation check for certain visas Schedule 1
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
3
Schedule 1--Revalidation check for certain
1
visas
2
3
Migration Act 1958
4
1 Subsection 5(1) (subparagraphs (b)(i) and (ii) of the
5
definition of visa period)
6
Repeal the subparagraphs, substitute:
7
(i) in the case of a bridging visa--when the visa ceases to
8
be in effect otherwise than under subsection 82(3); or
9
(ii) in the case of a visa of a kind prescribed for the
10
purposes of subsection 96B(1) or 96E(1)--when the
11
visa ceases to be in effect otherwise than under
12
section 96D or 96H; or
13
(iii) in the case of any other visa--when the visa ceases to
14
be in effect.
15
2 At the end of section 68
16
Add:
17
Note:
A visa that has ceased to be in effect under section 96D or 96H may
18
come into effect again under that section.
19
3 Subsection 82(9)
20
Omit all the words after "in effect".
21
4 After Subdivision B of Division 3 of Part 2
22
Insert:
23
Subdivision BA--Revalidation check for certain visas
24
96A Definitions
25
(1) In this Subdivision:
26
passes a revalidation check for the visa has the meaning given by
27
subsection (2).
28
Schedule 1 Revalidation check for certain visas
4
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
revalidation check means a check as to whether there is any
1
adverse information relating to a person who holds a visa.
2
(2) A person who holds a visa passes a revalidation check for the visa
3
at a particular time if, at that time, the Minister is satisfied that:
4
(a) there is no adverse information relating to the person; or
5
(b) it is reasonable to disregard any adverse information relating
6
to the person.
7
96B Minister may require certain visa holders to complete
8
revalidation check from time to time
9
(1) The Minister may, from time to time, require a person who holds a
10
visa of a prescribed kind (however described) to complete a
11
revalidation check for the visa.
12
(2) A requirement under subsection (1) must be made by written notice
13
given to the person.
14
(3) The notice must:
15
(a) specify how the person is to complete the revalidation check
16
for the visa; and
17
(b) specify the period within which the person must complete
18
that check; and
19
(c) set out the effect of sections 96C and 96D.
20
(4) The period specified in the notice must be at least 14 days after the
21
date of the notice.
22
96C Minister to notify visa holder that visa remains in effect in
23
certain circumstances
24
If:
25
(a) a person who holds a visa is required under
26
subsection 96B(1) to complete a revalidation check for the
27
visa within a specified period; and
28
(b) the person passes a revalidation check for the visa at a
29
particular time during the visa period for the visa (whether or
30
not that time is within the specified period); and
31
(c) at that time, the visa is in effect;
32
Revalidation check for certain visas Schedule 1
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
5
the Minister must, by written notice given to the person, inform the
1
person that the visa remains in effect.
2
96D Visa ceases to be in effect if visa holder does not complete or
3
pass revalidation check
4
(1) This section applies if:
5
(a) a person who holds a visa is required under
6
subsection 96B(1) to complete a revalidation check for the
7
visa within a specified period; and
8
(b) the person:
9
(i) does not complete that check within the specified
10
period; or
11
(ii) completes that check within the specified period but
12
does not pass that check at a particular time (the check
13
time).
14
Visa ceases to be in effect
15
(2) If the person is in the migration zone at the end of the specified
16
period or at the check time, the visa will cease to be in effect if:
17
(a) the person leaves Australia after the end of that period or
18
after that time; and
19
(b) at the time the person leaves Australia, the person has not
20
completed and passed a revalidation check for the visa.
21
(3) If the person is not in the migration zone at the end of the specified
22
period or at the check time, the visa ceases to be in effect at the end
23
of that period or at that time.
24
(4) If the person's visa ceases to be in effect under subsection (2) or
25
(3), the Minister must, by written notice given to the person,
26
inform the person of the cessation.
27
Visa may come into effect again
28
(5) If:
29
(a) a person holds a visa that has ceased to be in effect under
30
subsection (2) or (3); and
31
Schedule 1 Revalidation check for certain visas
6
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
(b) at a particular time during the visa period for the visa, the
1
person passes a revalidation check for the visa;
2
the visa comes into effect again at that time.
3
(6) If the person's visa comes into effect again under subsection (5),
4
the Minister must, by written notice given to the person, inform the
5
person of that matter.
6
Other cessation provisions not limited or otherwise affected
7
(7) This section does not limit, or otherwise affect, any other provision
8
of this Act under which a visa ceases to be in effect.
9
Note:
A person's visa may cease to be in effect under another provision of
10
this Act. If that occurs, the visa period for the visa ends (see
11
subparagraph (b)(ii) of the definition of visa period in subsection 5(1))
12
and the person will no longer hold the visa (see section 77).
13
96E Minister may determine that certain visa holders must complete
14
revalidation check in the public interest
15
(1) If the Minister thinks it is in the public interest to do so, the
16
Minister may, by legislative instrument, determine that a specified
17
class of persons holding a visa of a prescribed kind (however
18
described) must complete a revalidation check for the visa.
19
(2) The power under subsection (1) may only be exercised by the
20
Minister personally.
21
(3) If the Minister makes a determination under subsection (1), the
22
Minister must cause to be laid before each House of the Parliament
23
a statement that:
24
(a) states that the Minister has made the determination; and
25
(b) sets out the Minister's reasons for making the determination,
26
referring in particular to the Minister's reasons for thinking
27
that the making of the determination is in the public interest.
28
(4) A statement under subsection (3) must not include:
29
(a) the name of any person included in the specified class of
30
persons; or
31
(b) any information that may identify such a person; or
32
Revalidation check for certain visas Schedule 1
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
7
(c) if the Minister thinks that it would not be in the public
1
interest to publish the name of another person connected in
2
any way with the determination--the name of that other
3
person or any information that may identify that other person.
4
(5) A statement under subsection (3) is to be laid before each House of
5
the Parliament within 15 sitting days of that House after:
6
(a) if the determination under subsection (1) is made between
7
1 January and 30 June (inclusive) in a year--1 July in that
8
year; or
9
(b) if the determination under subsection (1) is made between
10
1 July and 31 December (inclusive) in a year--1 January in
11
the following year.
12
96F Visa holders to be notified of Minister's determination
13
(1) This section applies if the Minister makes a determination under
14
subsection 96E(1) that a specified class of persons holding a
15
particular visa must complete a revalidation check for the visa.
16
(2) As soon as practicable after the determination is made, the Minister
17
must give a written notice that complies with subsection (3) to each
18
person who holds such a visa and is included in the specified class
19
of persons.
20
(3) The notice under subsection (2) must:
21
(a) state that the determination has been made; and
22
(b) specify how the person is to complete the revalidation check
23
for the visa; and
24
(c) set out the effect of sections 96G and 96H.
25
96G Minister to notify visa holders that visa remains in effect in
26
certain circumstances
27
If:
28
(a) the Minister makes a determination under subsection 96E(1)
29
that a specified class of persons holding a particular visa
30
must complete a revalidation check for the visa; and
31
(b) a person who:
32
(i) holds such a visa; and
33
Schedule 1 Revalidation check for certain visas
8
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
(ii) is included in the specified class of persons;
1
passes a revalidation check for the visa at a particular time
2
during the visa period for the visa; and
3
(c) at that time, the visa is in effect;
4
the Minister must, by written notice given to the person, inform the
5
person that the visa remains in effect.
6
96H Visa ceases to be in effect if Minister determines that certain
7
visa holders must complete revalidation check in the
8
public interest
9
(1) This section applies if:
10
(a) the Minister makes a determination under subsection 96E(1)
11
that a specified class of persons holding a particular visa
12
must complete a revalidation check for the visa; and
13
(b) a person who holds such a visa is included in the specified
14
class of persons.
15
Visa ceases to be in effect
16
(2) If the person is in the migration zone at the time the determination
17
is made, the visa will cease to be in effect if:
18
(a) the person leaves Australia after that time; and
19
(b) at the time the person leaves Australia, the person has not
20
completed and passed a revalidation check for the visa.
21
(3) If the person is not in the migration zone at the time the
22
determination is made, the visa ceases to be in effect at that time.
23
(4) If the person's visa ceases to be in effect under subsection (2) or
24
(3), the Minister must, by written notice given to the person,
25
inform the person of the cessation.
26
Visa may come into effect again
27
(5) If:
28
(a) a person holds a visa that has ceased to be in effect under
29
subsection (2) or (3); and
30
(b) at a particular time during the visa period for the visa, the
31
person passes a revalidation check for the visa;
32
Revalidation check for certain visas Schedule 1
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
9
the visa comes into effect again at that time.
1
(6) If the person's visa comes into effect again under subsection (5),
2
the Minister must, by written notice given to the person, inform the
3
person of that matter.
4
Other cessation provisions not limited or otherwise affected
5
(7) This section does not limit, or otherwise affect, any other provision
6
of this Act under which a visa ceases to be in effect.
7
Note:
A person's visa may cease to be in effect under another provision of
8
this Act. If that occurs, the visa period for the visa ends (see
9
subparagraph (b)(ii) of the definition of visa period in subsection 5(1))
10
and the person will no longer hold the visa (see section 77).
11
96J Visa holders may be required to complete revalidation check for
12
visa multiple times etc.
13
A person who holds a visa may be required under this Subdivision
14
to complete a revalidation check for the visa:
15
(a) at any time during the visa period for the visa (including at a
16
time when the visa is not in effect); and
17
(b) more than once during the visa period for the visa.
18
5 Paragraph 495A(3)(a)
19
Omit "and AC of Division 3 of Part 2 (other than section 48B)",
20
substitute ", AC and BA of Division 3 of Part 2 (other than sections 48B
21
and 96E)".
22
6 Application provision
23
The amendments made by this Schedule apply in relation to visas
24
granted before, on or after the commencement of this item.
25
Schedule 2 Cessation of visas that are not in effect
10
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
Schedule 2--Cessation of visas that are not in
1
effect
2
3
Migration Act 1958
4
1 Subsection 68(4)
5
Omit "effect again", substitute "effect for the first time or a subsequent
6
time".
7
2 After section 82
8
Insert:
9
82A Cessation of visas that are not in effect
10
If:
11
(a) a non-citizen holds a visa at a particular time; and
12
(b) the visa is not in effect at that time; and
13
(c) the visa would, if it were in effect at that time, cease to be in
14
effect under section 82 (other than subsection 82(8)), 173 or
15
174;
16
then the visa is taken to have ceased to be in effect under that
17
section at that time.
18
Note 1:
Not all visas come into effect at the time of grant (see section 68).
19
Note 2:
Some visas may cease to be in effect, and come into effect again,
20
during the visa period (see, for example, sections 96D and 96H).
21
3 At the end of subsection 173(1)
22
Add:
23
Note:
For visas that are not in effect, see section 82A.
24
4 At the end of section 174
25
Add:
26
Note:
For visas that are not in effect, see section 82A.
27
Cessation of visas that are not in effect Schedule 2
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
11
5 Application provision
1
The amendments made by this Schedule apply in relation to visas
2
granted before, on or after the commencement of this item.
3
Schedule 3 Immigration clearance
12
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
Schedule 3--Immigration clearance
1
2
Migration Act 1958
3
1 Paragraph 32(2)(a)
4
Repeal the paragraph, substitute:
5
(a) a non-citizen who satisfies subsection (2A); or
6
2 After subsection 32(2)
7
Insert:
8
(2A) A non-citizen satisfies this subsection if the non-citizen:
9
(a) is a New Zealand citizen and holds a New Zealand passport
10
that is in force; and
11
(b) has done either or both of the following as required by one or
12
more officers or authorised systems:
13
(i) presented his or her passport to an officer or an
14
authorised system;
15
(ii) provided to an authorised system one or more personal
16
identifiers; and
17
(c) is neither a behaviour concern non-citizen nor a health
18
concern non-citizen.
19
3 Subsection 32(3)
20
Omit "subparagraph (2)(a)(i)", substitute "subparagraph (2A)(b)(i)".
21
4 Subsection 166(1)
22
After "delay", insert ", do any one or more of the following things as
23
required by one or more clearance authorities".
24
5 Subparagraph 166(1)(a)(ii)
25
Omit "person; and", substitute "person;".
26
6 Paragraph 166(1)(b)
27
Omit "regulations; and", substitute "regulations;".
28
Immigration clearance Schedule 3
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
13
7 Paragraph 166(1)(c)
1
Omit "authority; and", substitute "authority;".
2
8 Paragraph 166(1)(d)
3
Repeal the paragraph, substitute:
4
(d) provide to an authorised system one or more personal
5
identifiers.
6
9 Subsections 166(3) and (4)
7
Repeal the subsections, substitute:
8
Complying with paragraph (1)(a) or (b)
9
(3) If a person is required to do a thing mentioned in paragraph (1)(a)
10
or (b), then, subject to section 167, the person must do that thing in
11
the prescribed way.
12
(4) If a person is required to do a thing mentioned in
13
subparagraph (1)(a)(i), the person is taken to have done that thing
14
if a clearance officer knows or reasonably believes that the person
15
is an Australian citizen.
16
10 Paragraph 167(3)(b)
17
Repeal the paragraph, substitute:
18
(b) the person is required to do a thing mentioned in
19
paragraph 166(1)(a), (b), (c) or (d); and
20
(c) with the permission of a clearance officer, the person does
21
that thing on the vessel on which the person travels to
22
Australia at a time before entering Australia;
23
11 Subsection 167(4)
24
Repeal the subsection, substitute:
25
(4) If:
26
(a) a person proposes to travel to Australia on a pre-cleared
27
flight; and
28
(b) the person is required to do a thing mentioned in
29
paragraph 166(1)(a), (b), (c) or (d); and
30
Schedule 3 Immigration clearance
14
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
(c) the person does that thing before beginning the pre-cleared
1
flight;
2
the person is taken to have complied with section 166.
3
12 Section 170 (heading)
4
Repeal the heading, substitute:
5
170 Persons on overseas vessels to present certain evidence of
6
identity etc.
7
13 Subsection 170(1)
8
Omit all the words before paragraph (a), substitute:
9
(1) A person, whether a citizen or a non-citizen, who travels, or
10
appears to intend to travel, on an overseas vessel from a port to
11
another port must, without unreasonable delay, do any one or more
12
of the following things as required by one or more clearance
13
authorities:
14
14 Paragraph 170(1)(a)
15
Omit "to present", substitute "present".
16
15 Paragraph 170(1)(a)
17
Omit "identity; and", substitute "identity;".
18
16 Paragraph 170(1)(b)
19
Omit "to provide", substitute "provide".
20
17 Paragraph 170(1)(b)
21
Omit "regulations; and", substitute "regulations;".
22
18 Paragraph 170(1)(c)
23
Omit "to comply", substitute "comply".
24
19 Paragraph 170(1)(c)
25
Omit "authority; and", substitute "authority;".
26
Immigration clearance Schedule 3
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
15
20 Paragraph 170(1)(d)
1
Repeal the paragraph, substitute:
2
(d) provide to an authorised system one or more personal
3
identifiers.
4
21 Subsection 170(2)
5
Repeal the subsection, substitute:
6
(2) If a person is required to do a thing mentioned in paragraph (1)(a)
7
or (b), the person must do that thing in the prescribed way.
8
22 Paragraph 171(a)
9
Repeal the paragraph, substitute:
10
(a) required to present evidence of a kind referred to in
11
paragraph 166(1)(a) cannot present that evidence; and
12
23 Subsection 172(3)
13
Omit "if the person", substitute "if".
14
24 Paragraph 172(3)(a)
15
Before "is with", insert "the person".
16
25 Paragraph 172(3)(b)
17
Repeal the paragraph, substitute:
18
(b) either of the following applies:
19
(i) the person's visa is cancelled;
20
(ii) if the person is required to do a thing mentioned in
21
paragraph 166(1)(a), (b), (c) or (d)--the person refuses
22
or is unable to do that thing.
23
26 Subsection 175(1)
24
Omit all the words before paragraph (a), substitute:
25
(1) A person, whether a citizen or a non-citizen, who is on board, or
26
about to board, a vessel that is due to depart from a place in
27
Australia to a place outside Australia (whether or not after calling
28
at other places in Australia) must, without unreasonable delay, do
29
Schedule 3 Immigration clearance
16
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
No. , 2016
any one or more of the following things as required by one or more
1
clearance authorities:
2
27 Subparagraph 175(1)(a)(ii)
3
Omit "Australia; and", substitute "Australia;".
4
28 Paragraph 175(1)(b)
5
Omit "regulations; and", substitute "regulations;".
6
29 Paragraph 175(1)(c)
7
Omit "authority; and", substitute "authority;".
8
30 Paragraph 175(1)(d)
9
Repeal the paragraph, substitute:
10
(d) provide to an authorised system one or more personal
11
identifiers.
12
31 Subsection 175(2)
13
Repeal the subsection, substitute:
14
(2) If a person is required to do a thing mentioned in paragraph (1)(a)
15
or (b), the person must do that thing in the prescribed way.
16
32 Paragraph 190(1)(b)
17
Repeal the paragraph, substitute:
18
(b) did either of the following:
19
(i) bypassed, attempted to bypass, or appeared to attempt to
20
bypass, immigration clearance;
21
(ii) went to a clearance authority but did not do, or was not
22
able to do, a thing mentioned in subsection 166(1) that
23
the person was required to do by a clearance authority.
24
33 Subparagraph 271(1)(j)(i)
25
Repeal the subparagraph, substitute:
26
(i) failed to produce to an officer or authorised entry
27
system a passport when required to do so by that officer
28
or system; or
29
Immigration clearance Schedule 3
No. , 2016
Migration Amendment (Visa Revalidation and Other Measures) Bill
2016
17
34 Subparagraph 271(1)(j)(ii)
1
After "officer", insert "or authorised entry system".
2
35 Subsection 271(4)
3
Insert:
4
authorised entry system means an authorised system for the
5
purposes of:
6
(a) section 32, 166, 170 or 172; or
7
(b) paragraph (b) of the definition of clearance authority in
8
section 165.
9