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Schedule 1—Revalidation check for certain visas

Schedule 1 Revalidation check for certain visas

   

Migration Act 1958

1  Subsection 5(1) (subparagraphs (b)(i) and (ii) of the definition of visa period )

Repeal the subparagraphs, substitute:

                              (i)  in the case of a bridging visa—when the visa ceases to be in effect otherwise than under subsection 82(3); or

                             (ii)  in the case of a visa of a kind prescribed for the purposes of subsection 96B(1) or 96E(1)—when the visa ceases to be in effect otherwise than under section 96D or 96H; or

                            (iii)  in the case of any other visa—when the visa ceases to be in effect.

2  At the end of section 68

Add:

Note:          A visa that has ceased to be in effect under section 96D or 96H may come into effect again under that section.

3  Subsection 82(9)

Omit all the words after “in effect”.

4  After Subdivision B of Division 3 of Part 2

Insert:

Subdivision BA Revalidation check for certain visas

96A   Definitions

             (1)  In this Subdivision:

passes a revalidation check for the visa has the meaning given by subsection (2).

revalidation check means a check as to whether there is any adverse information relating to a person who holds a visa.

             (2)  A person who holds a visa passes a revalidation check for the visa at a particular time if, at that time, the Minister is satisfied that:

                     (a)  there is no adverse information relating to the person; or

                     (b)  it is reasonable to disregard any adverse information relating to the person.

96B   Minister may require certain visa holders to complete revalidation check from time to time

             (1)  The Minister may, from time to time, require a person who holds a visa of a prescribed kind (however described) to complete a revalidation check for the visa.

             (2)  A requirement under subsection (1) must be made by written notice given to the person.

             (3)  The notice must:

                     (a)  specify how the person is to complete the revalidation check for the visa; and

                     (b)  specify the period within which the person must complete that check; and

                     (c)  set out the effect of sections 96C and 96D.

             (4)  The period specified in the notice must be at least 14 days after the date of the notice.

96C   Minister to notify visa holder that visa remains in effect in certain circumstances

                   If:

                     (a)  a person who holds a visa is required under subsection 96B(1) to complete a revalidation check for the visa within a specified period; and

                     (b)  the person passes a revalidation check for the visa at a particular time during the visa period for the visa (whether or not that time is within the specified period); and

                     (c)  at that time, the visa is in effect;

the Minister must, by written notice given to the person, inform the person that the visa remains in effect.

96D   Visa ceases to be in effect if visa holder does not complete or pass revalidation check

             (1)  This section applies if:

                     (a)  a person who holds a visa is required under subsection 96B(1) to complete a revalidation check for the visa within a specified period; and

                     (b)  the person:

                              (i)  does not complete that check within the specified period; or

                             (ii)  completes that check within the specified period but does not pass that check at a particular time (the check time ).

Visa ceases to be in effect

             (2)  If the person is in the migration zone at the end of the specified period or at the check time, the visa will cease to be in effect if:

                     (a)  the person leaves Australia after the end of that period or after that time; and

                     (b)  at the time the person leaves Australia, the person has not completed and passed a revalidation check for the visa.

             (3)  If the person is not in the migration zone at the end of the specified period or at the check time, the visa ceases to be in effect at the end of that period or at that time.

             (4)  If the person’s visa ceases to be in effect under subsection (2) or (3), the Minister must, by written notice given to the person, inform the person of the cessation.

Visa may come into effect again

             (5)  If:

                     (a)  a person holds a visa that has ceased to be in effect under subsection (2) or (3); and

                     (b)  at a particular time during the visa period for the visa, the person passes a revalidation check for the visa;

the visa comes into effect again at that time.

             (6)  If the person’s visa comes into effect again under subsection (5), the Minister must, by written notice given to the person, inform the person of that matter.

Other cessation provisions not limited or otherwise affected

             (7)  This section does not limit, or otherwise affect, any other provision of this Act under which a visa ceases to be in effect.

Note:          A person’s visa may cease to be in effect under another provision of this Act. If that occurs, the visa period for the visa ends (see subparagraph (b)(ii) of the definition of visa period in subsection 5(1)) and the person will no longer hold the visa (see section 77).

96E   Minister may determine that certain visa holders must complete revalidation check in the public interest

             (1)  If the Minister thinks it is in the public interest to do so, the Minister may, by legislative instrument, determine that a specified class of persons holding a visa of a prescribed kind (however described) must complete a revalidation check for the visa.

             (2)  The power under subsection (1) may only be exercised by the Minister personally.

             (3)  If the Minister makes a determination under subsection (1), the Minister must cause to be laid before each House of the Parliament a statement that:

                     (a)  states that the Minister has made the determination; and

                     (b)  sets out the Minister’s reasons for making the determination, referring in particular to the Minister’s reasons for thinking that the making of the determination is in the public interest.

             (4)  A statement under subsection (3) must not include:

                     (a)  the name of any person included in the specified class of persons; or

                     (b)  any information that may identify such a person; or

                     (c)  if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the determination—the name of that other person or any information that may identify that other person.

             (5)  A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:

                     (a)  if the determination under subsection (1) is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

                     (b)  if the determination under subsection (1) is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

96F   Visa holders to be notified of Minister’s determination

             (1)  This section applies if the Minister makes a determination under subsection 96E(1) that a specified class of persons holding a particular visa must complete a revalidation check for the visa.

             (2)  As soon as practicable after the determination is made, the Minister must give a written notice that complies with subsection (3) to each person who holds such a visa and is included in the specified class of persons.

             (3)  The notice under subsection (2) must:

                     (a)  state that the determination has been made; and

                     (b)  specify how the person is to complete the revalidation check for the visa; and

                     (c)  set out the effect of sections 96G and 96H.

96G   Minister to notify visa holders that visa remains in effect in certain circumstances

                   If:

                     (a)  the Minister makes a determination under subsection 96E(1) that a specified class of persons holding a particular visa must complete a revalidation check for the visa; and

                     (b)  a person who:

                              (i)  holds such a visa; and

                             (ii)  is included in the specified class of persons;

                            passes a revalidation check for the visa at a particular time during the visa period for the visa; and

                     (c)  at that time, the visa is in effect;

the Minister must, by written notice given to the person, inform the person that the visa remains in effect.

96H   Visa ceases to be in effect if Minister determines that certain visa holders must complete revalidation check in the public interest

             (1)  This section applies if:

                     (a)  the Minister makes a determination under subsection 96E(1) that a specified class of persons holding a particular visa must complete a revalidation check for the visa; and

                     (b)  a person who holds such a visa is included in the specified class of persons.

Visa ceases to be in effect

             (2)  If the person is in the migration zone at the time the determination is made, the visa will cease to be in effect if:

                     (a)  the person leaves Australia after that time; and

                     (b)  at the time the person leaves Australia, the person has not completed and passed a revalidation check for the visa.

             (3)  If the person is not in the migration zone at the time the determination is made, the visa ceases to be in effect at that time.

             (4)  If the person’s visa ceases to be in effect under subsection (2) or (3), the Minister must, by written notice given to the person, inform the person of the cessation.

Visa may come into effect again

             (5)  If:

                     (a)  a person holds a visa that has ceased to be in effect under subsection (2) or (3); and

                     (b)  at a particular time during the visa period for the visa, the person passes a revalidation check for the visa;

the visa comes into effect again at that time.

             (6)  If the person’s visa comes into effect again under subsection (5), the Minister must, by written notice given to the person, inform the person of that matter.

Other cessation provisions not limited or otherwise affected

             (7)  This section does not limit, or otherwise affect, any other provision of this Act under which a visa ceases to be in effect.

Note:          A person’s visa may cease to be in effect under another provision of this Act. If that occurs, the visa period for the visa ends (see subparagraph (b)(ii) of the definition of visa period in subsection 5(1)) and the person will no longer hold the visa (see section 77).

96J   Visa holders may be required to complete revalidation check for visa multiple times etc.

                   A person who holds a visa may be required under this Subdivision to complete a revalidation check for the visa:

                     (a)  at any time during the visa period for the visa (including at a time when the visa is not in effect); and

                     (b)  more than once during the visa period for the visa.

5  Paragraph 495A(3)(a)

Omit “and AC of Division 3 of Part 2 (other than section 48B)”, substitute “, AC and BA of Division 3 of Part 2 (other than sections 48B and 96E)”.

6  Application provision

The amendments made by this Schedule apply in relation to visas granted before, on or after the commencement of this item.