Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1991 No. 86, 1991 - SECT 8

8. Section 20 of the Principal Act is amended:
(a) by inserting in paragraph (1) (a) "has ever" after "the person";

   (b)  by adding "or" at the end of paragraphs (1) (a) and (b);
(c) by inserting in paragraph (1) (b) "on any occasion" after "Australia";
(d) by inserting in paragraph (1) (c) "on any occasion" after "issued";

   (e)  by inserting after paragraph (1) (c) the following paragraph:
  "(ca)   the person has ever made, or caused to be made, a false or
misleading statement in a declaration covered by subsection 24 (1A) or 34
(1A); or";
(f) by inserting in paragraph (1) (d) "on any occasion" before "when the
person entered Australia";

   (g)  by inserting after subsection (1) the following subsection:

"(1A) If:

   (a)  a person who leaves Australia was the holder of a permanent entry
        permit before leaving Australia; and

   (b)  the person is the holder of a prescribed visa permitting him or her to
        return to Australia and to apply for a permanent entry permit; and

   (c)  the person was suffering from a prescribed disease or a prescribed
        physical or mental condition when he or she left Australia or he or
        she developed a prescribed disease or a prescribed physical or mental
        condition after leaving Australia; subparagraph (1) (d) (i) does not
        apply to the person in relation to that disease or condition unless
        the person was suffering from the disease or condition when the person
        was first granted a permanent entry permit and he or she did not
        disclose that fact at that time.";

   (h)  by omitting from subparagraph (2) (b) (ii) "particular." and
        substituting "particular; or";

   (i)  by adding at the end of paragraph (2) (b) the following subparagraph:
     "(iii)   the person made, or caused to be made, a false or
misleading statement in a declaration covered by subsection 34 (1A).";

   (j)  by inserting after subsection (4) the following subsection:

"(4A) If:

   (a)  the holder of a visa gives the Secretary a section 20 notice; and

   (b)  the visa is not cancelled by an authorised officer at a proclaimed
        port; the authorised officer must endorse the visa with a statement
        that he or she recognises the holder of the visa to be a person to
        whom subsection 20 (1) applies, or would apply, for the reasons set
        out in the notice.";

   (k)  by inserting after subsection (14) the following subsection:

"(14A) In subsection (1A): `prescribed disease' means a disease prescribed for
the purposes of subparagraph (1) (d) (i); `prescribed physical or mental
condition' means a physical or mental condition prescribed for the purposes of
subparagraph (1) (d) (i).".