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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Amendment (Temporary Visa
Extensions and Reinstatements) Bill 2021
No. , 2021
(Senator McKim)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2021
Migration Amendment (Temporary Visa Extensions and
Reinstatements) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Migration Act 1958
3
No. , 2021
Migration Amendment (Temporary Visa Extensions and
Reinstatements) Bill 2021
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 (Temporary Visa Extensions
5
and Reinstatements) Act 2021
.
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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 (Temporary Visa Extensions and
Reinstatements) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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.
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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repealed as set out in the applicable items in the Schedule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
Amendments
Schedule 1
No. , 2021
Migration Amendment (Temporary Visa Extensions and
Reinstatements) Bill 2021
3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 After section 68
4
Insert:
5
68A Extension of temporary visas affected by COVID-19
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(1) This section applies to a temporary visa if:
7
(a) at any time during the visa period for the visa, the holder of
8
the visa was affected by COVID-19 travel restrictions; and
9
(b) the visa has ceased, or will cease, to be in effect because of
10
subsection 82(5), (6) or (7).
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(2) If the temporary visa is in effect on the first day on which the
12
holder of the visa is no longer affected by COVID 19 travel
13
restrictions, the visa period for the visa is extended by the number
14
of extension days.
15
(3) If, but for this subsection, the temporary visa would have ceased to
16
be in effect because of subsection 82(5), (6) or (7) before the first
17
day (the
no restriction day
) on which the holder of the visa is no
18
longer affected by COVID-19 travel restrictions:
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(a) the visa is taken not to have ceased to be in effect; and
20
(b) the visa period for the visa is extended so that the visa ceases
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to be in effect on the day that is the number of extension days
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after the no restriction day.
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(4) This section applies despite any other provision of this Act to the
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contrary.
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(5) The regulations may make provision for and in relation to the
26
operation of this section.
27
(6) Without limiting subsection (5), the regulations may prescribe the
28
circumstances in which the holder of a temporary visa is affected
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by COVID-19 travel restrictions for the purposes of this section.
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(7) In this section:
31
Schedule 1
Amendments
4
Migration Amendment (Temporary Visa Extensions and
Reinstatements) Bill 2021
No. , 2021
affected by COVID-19 travel restrictions
: the holder of a
1
temporary visa is
affected by COVID-19 travel restrictions
if:
2
(a) the holder is unable to travel to and enter Australia as
3
permitted by the visa only because of restrictions imposed by
4
the Commonwealth Government as a result of the COVID-19
5
pandemic; and
6
(b) the circumstances (if any) prescribed by the regulations exist.
7
extension day
, in relation to a temporary visa, means any day
8
during the visa period for the visa on which the holder of the visa
9
was:
10
(a) outside of Australia; and
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(b) affected by COVID-19 travel restrictions.
12
2 Subsection 82(9)
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After "sections", insert "68A,".
14