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Wednesday, 24 August 1983
Page: 239


Mr WEST (Minister for Immigration and Ethnic Affairs)(11.20) —I move:

(7) After clause 11, page 4, insert the following new clause: ''11A. After section 14 of the Principal Act the following section is inserted:

Definition of permanent resident '14A. (1) Where a person has been convicted of any offence (other than an offence the conviction in respect of which was subsequently quashed) the period (if any) for which the person was confined in a prison for that offence shall be disregarded in determining, for the purposes of section 12 and sub-section 14 (1), the length of time that that person has been present in Australia as a permanent resident.

'(2) In section 12 and sub-section 14 (1), ''permanent resident'' means a person (including an Australian citizen) whose continued presence in Australia is not subject to any limitation as to time imposed by law, but does not include - (a) in relation to any period before the commencement of this sub-section-a person who was, during that period, a prohibited immigrant within the meaning of this Act as in force at that time; or

(b) in relation to any period after the commencement of this sub-section-a person who is, during that period, a prohibited non-citizen.

'(3) For the purposes of this section- (a) a reference to a prison includes a reference to any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon him by reason of that conviction; and

(b) a reference to a period during which a person was confined in a prison includes a reference to a period- (i) during which the person was an escapee from a prison; or

(ii) during which the person was undergoing a sentence of periodic detention in a prison.'.''.

This amendment inserts proposed new section 14A to define 'permanent resident' for the purpose of new section 12 and new sub-section 14 (1). The interpretative provisions contained in new section 14A are substantially the same as those contained in clause 10 of the Bill. Basically, under these provisions, the period of 10 years of permanent residence shall be determined on the basis of legal presence or the aggregate of periods of legal presence of a non-citizen as a permanent resident. A period of confinement in a prison as a result of conviction for any offence is to be excluded.

Proposed new clause agreed to.

Remainder of Bill, by leave, taken as a whole.