Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1986 No. 71, 1986 - SECT 3

3. After section 6 of the Principal Act the following section is inserted:
Status of non-citizen children born in Australia

"6AAA. Where a child who is born in Australia is a non-citizen at the time
when the child is born (in this section referred to as the 'relevant time'),
then, for the purposes of this Act-

   (a)  the child shall be deemed to enter Australia at the relevant time;

   (b)  in a case where-

        (i)    one of the child's parents is, at the relevant time, the holder
               of a temporary entry permit that is in force; and

        (ii)   the other parent is not, at the relevant time, the holder of an
               entry permit that is in force,
the child shall be deemed to be included, as from the relevant time, in the
temporary entry permit referred to in sub-paragraph (i);

   (c)  in a case where-

        (i)    one of the child's parents is, at the relevant time, the holder
               of a temporary entry permit that is in force; and

        (ii)   the other parent is, at the relevant time, deemed, by virtue of
               sub-section 6 (7), to be included in the temporary entry permit
               referred to in sub-paragraph (i),
the child shall be deemed to be included, as from the relevant time, in the
temporary entry permit referred to in sub-paragraph (i); and

   (d)  in a case where-

        (i)    one of the child's parents is, at the relevant time, the holder
               of a temporary entry permit that is in force and is expressed
               to authorise the parent to remain in Australia for a specified
               period only;

        (ii)   the other parent is, at the relevant time, also the holder of a
               temporary entry permit that is in force and is expressed to
               authorise the parent to remain in Australia for a specified
               period only; and

        (iii)  paragraph (c) does not apply,
the child shall be deemed to be included, as from the relevant time-

        (iv)   if the period referred to in sub-paragraph (i) will expire on
               the same day as the period referred to in sub-paragraph (ii)-in
               each of the temporary entry permits referred to in
               sub-paragraphs (i) and (ii); or

        (v)    if the period referred to in sub-paragraph (i) will expire on a
               day that is later than the day on which the period referred to
               in sub-paragraph (ii) will expire-in the temporary entry permit
               referred to in sub-paragraph (i).".