Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1991 No. 86, 1991 - SECT 3

3. Section 4 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of "valid visa" and
substituting the following definition: " `valid visa' means a document,
notation or visa that has not been cancelled under this Act or otherwise
stopped being in force, being:

   (a)  a document or notation permitting a person to return to Australia that
        was issued before 1 November 1979; or

   (b)  a visa granted under this Act, whether before or after the
        commencement of section 4 of the
        Migration Legislation Amendment Act 1989;";

   (b)  by omitting from subsection (1) the definition of "visa" and
        substituting the following definition: " `visa' means an entry visa or
        a travel-only visa;";

   (c)  by adding "or" at the end of paragraphs (a), (b) and (c) of the
        definition of "officer" in subsection (1);
(d) by adding at the end of the definition of "officer" in subsection (1) the
following word and paragraph:

"; or (f) any other person authorised by the Minister, by notice published in
the Gazette, to be an officer for the purposes of this Act;";

   (e)  by inserting in subsection (1) the following definitions: " `entry
        visa' has the meaning given in section 17; `processing area' means an
        area nominated by the Minister under section 54A; `prohibited person'
        means a person who has become a prohibited person under section 54D;
        `refugee' has the same meaning as it has in Article 1 of the Refugees
        Convention or in that Article as amended by the Refugees Protocol;
        `Refugees Convention' means the Convention relating to the Status of
        Refugees done at Geneva on 28 July 1951; `Refugees Protocol' means the
        Protocol relating to the Status of Refugees done at New York on 31
        January 1967; `travel-only visa' means any visa except an entry visa;
        `unprocessed person' has the meaning given by section 54B;";

   (f)  by adding at the end the following subsections:

"(27) To avoid doubt, in this Act `is taken', when followed by the infinitive
form of a verb, has the same force and effect as `is deemed' when followed by
the infinitive form of that verb.

"(28) To avoid doubt, except as provided by subsections 115 (5) and (6) and
137 (1) and (2):

   (a)  there is no power to grant a visa except under section 24 or 51; and

   (b)  there is no power to grant an entry permit except under section 34 or
        52.".