Commonwealth Numbered Acts

MIGRATION (OFFENCES AND UNDESIRABLE PERSONS) AMENDMENT ACT 1992 No. 213, 1992 - SECT 5

5. After section 180 of the Principal Act the following sections are inserted:
Special power to refuse or to cancel visa or entry permit

"180A.(1) The Minister may refuse to grant a visa or an entry permit to a
person, or may cancel a valid visa or a valid entry permit that has been
granted to a person, if:

   (a)  subsection (2) applies to the person; or

   (b)  the Minister is satisfied that, if the person were allowed to enter or
        to remain in Australia, the person would:

        (i)    be likely to engage in criminal conduct in Australia; or

        (ii)   vilify a segment of the Australian community; or

        (iii)  incite discord in the Australian community or in a segment of
               that community; or

        (iv)   represent a danger to the Australian community or to a segment
               of that community, whether by way of being liable to become
               involved in activities that are disruptive to, or violence
               threatening harm to, that community or segment, or in any other
               way.

"(2) This subsection applies to a person if the Minister:

   (a)  having regard to:

        (i)    the person's past criminal conduct; or

        (ii)   the person's general conduct; is satisfied that the person is
               not of good character; or

   (b)  is satisfied that the person is not of good character because of the
        person's association with another person, or with a group or
        organisation, who or that the Minister has reasonable grounds to
        believe has been or is involved in criminal conduct.

"(3) The power under this section to refuse to grant a visa or an entry permit
to a person, or to cancel a valid visa or a valid entry permit that has been
granted to a person, is in addition to any other power under this Act, as in
force from time to time, to refuse to grant a visa or an entry permit to a
person, or to cancel a valid visa or a valid entry permit that has been
granted to a person. Minister may decide in the national interest that certain
persons are to be excluded persons

"180B.(1) If:

   (a)  the Minister, acting personally, intends to make a decision under
        section 55 or 180A in relation to a person; and

   (b)  the Minister decides that, because of the seriousness of the
        circumstances giving rise to the making of that decision, it is in the
        national interest that the person be declared to be an excluded
        person; the Minister may, as part of the decision, include a
        certificate declaring the person to be an excluded person.

"(2) A decision under subsection (1) must be taken by the Minister personally.

"(3) If the Minister makes a decision under subsection (1), the Minister must
cause notice of the making of the decision to be laid before each House of the
Parliament within 15 sitting days of that House after the day on which the
decision was made. Exclusion of certain persons from Australia

"180C.(1) A person in relation to whom a decision under section 55 or 180A has
been made is not entitled to enter Australia or to be in Australia at any time
during the period determined under the regulations.

"(2) The period referred to in subsection (1) commences, in the case of a
person who has been deported or removed from Australia, when the person is so
deported or removed.

"(3) Different periods may be prescribed under subsection (1) in relation to
different situations.".