Commonwealth Numbered Regulations

1994 No. 261 MIGRATION REFORM (TRANSITIONAL PROVISIONS) REGULATIONS - REG 16

16. (1) This regulation applies to a non-citizen who:

   (a)  was in Australia on 1 September 1994; and

   (b)  was, immediately before that date, a person to whom section 20 of the
        old Act applied; and

   (c)  did not, immediately before 1 September 1994, hold an entry permit or
        entry visa endorsed as required by subsection 20 (5) or (5A) of
        the old Act; other than a non-citizen who:

   (d)  is a New Zealand citizen; or

   (e)  was the subject of a deportation order immediately before 1 September
        1994; or

   (f)  was, or would have been but for subsection 35 (2) of the old Act, the
        holder of an entry permit or entry visa that in any event would have
        ceased to have effect before 1 September 1994. (NOTE: S. 20 of
        the old Act dealt with persons who evaded officers to enter Australia
        or who gave false information or bogus documents.)

(2) If a non-citizen to whom this regulation applies held, or would but for
subsection 35 (2) of the old Act have held, an entry permit or entry visa at
some time before 1 September 1994, he or she is taken to have been granted, on
1 September 1994, a transitional visa of the same class as he or she would
hold under regulation 4 or 5 if section 20 had not applied to him or her
immediately before that date.

(3) A transitional visa that is taken to have been granted to a non-citizen
under subregulation (2) is subject to the same conditions (if any) as the
entry permit or entry visa that he or she would have held but for the effect
of subsection 35 (2) of the old Act before 1 September 1994.

(4) The visa period of a transitional (temporary) visa that a non-citizen is
taken to have been granted under subregulation (2) begins on 1 September 1994
and ends on the day that the entry permit or entry visa that he or she would
have held but for the effect of subsection 35 (2) of the old Act would have
ceased but for the effect of section 20 and subsection 35 (2) of that Act.
(NOTE: If s. 20 applied to a person and he or she did not hold a properly
endorsed entry permit or entry visa, he or she was an illegal entrant while he
or she remained in Australia: old Act, s. 14. S. 35 (2) cancelled an entry
permit held by a person to whom s. 20 applied.)