Migration Amendment (Visa Capping) Bill 2010

The Parliament of the Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

 Migration Amendment (Visa Capping) Bill 2010

 No.      , 2010

(Immigration and Citizenship)

 A Bill for an Act to amend the Migration Act 1958, and for other purposes

  

Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                 3

Migration Act 1958                                                                                                     3

A Bill for an Act to amend the Migration Act 1958, and
for other purposes

The Parliament of Australia enacts:

1 Short title

                   This Act may be cited as the Migration Amendment (Visa Capping) Act 2010.

2 Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect
according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.
2.  Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

Note:          This table
relates only to the provisions of this Act as originally passed by both Houses
of the Parliament and assented to. It will not be expanded to deal with
provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.

3 Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.

Schedule 1—Amendments

 Migration Act 1958

1  Section 39  Repeal the section.

2  Paragraph 46(1)(d) After “protection visa),”, insert “91AB (effect of visa cap),”.

3  Paragraph 47(2)(c)

Omit “section 39 (limiting number of visas) or 84
(suspension of consideration)”, substitute “section 84 (suspension of
consideration) or 91AB (effect of visa cap)”.

4  Subsection 63(1)

Omit “39 (criterion limiting number of visas),”.

5  Subsection 63(1)

After “on visas)”, insert “, 91AB (effect of visa cap)”.

6  Subsection 82(9)

After “sections”, insert “91AC,”.

7  Paragraph 86(a)

After “determination”, insert “under section 85”.

8  After Subdivision AH of Division 3 of Part 2

Insert:

Subdivision AHA—Visa capping

91AA Capping the number of visas that may be granted in a financial year

             (1)  The Minister may, by legislative instrument, determine the maximum number of visas of a specified class or specified classes that may be granted in a specified financial year to applicants who are included in a specified class, or specified classes, of applicants.

             (2)  Subsection (1) does not apply to protection visas.

91AB Effect of visa cap

             (1)  This section applies if:

                     (a)  a determination has been made under section 91AA of the maximum number of visas of a particular class (the capped visas) that may be granted in a financial year to applicants (the affected applicants) who are included in a specified class, or specified classes, of applicants; and

                     (b)  the number of capped visas that have been granted in the financial year to affected applicants reaches that maximum number. No more capped visas may be granted

             (2)  No more capped visas may be granted in the financial year:

                     (a)  to an affected applicant; or

                     (b)  to any person who applied for the capped visa on the ground that the person is a member of the family unit of an affected applicant. Outstanding applications are taken not to have been

made

             (3)  Any outstanding applications for a capped visa made by the following persons are taken not to have been made:

                     (a)  an affected applicant;

                     (b)  any person who applied for the capped visa on the ground that the person is a member of the family unit of an affected applicant.  No more applications for a capped visa may be made

             (4)  No more applications for a capped visa may be made in the financial year by:

                     (a)  a person who would be included in the specified class, or specified classes, of applicants if the person were an applicant for the capped visa; or

                     (b)  a person who applies for the capped visa on the ground that the person is a member of the family unit of a person referred to in paragraph (a).

Exception

             (5)  This section does not prevent the grant of a capped visa to a person who applies for the visa on the ground that the person is a member of the family unit of the holder of a capped visa.

91AC Consequences if a person’s visa application is taken not to have been made

             (1)  This section applies if a person’s application for a visa (the capped visa) is taken not to have
been made under subsection 91AB(3).

Cessation of certain bridging visas

             (2)  If the person holds a bridging visa because the person had applied for the capped visa, the bridging visa ceases to be in effect 28 days, or such longer period prescribed by the regulations,
after:

                     (a)  if the regulations prescribe an event for the purposes of this paragraph—the day on which the event occurs; or

                     (b)  otherwise—the day on which the person is notified of the matter referred to in subsection (1).

Cessation of certain temporary visas

             (3)  If:

                     (a)  the person holds a temporary visa;
and

                     (b)  assuming that the application for the capped visa had been decided, the temporary visa would, apart from this subsection, have ceased to be in effect when the person was notified of that
decision; the temporary visa ceases to be in effect 28 days, or such

longer period prescribed by the regulations, after:

                     (c)  if the regulations prescribe an event for the purposes of this paragraph—the day on which the event occurs; or

                     (d)  otherwise—the day on which the person is notified of the matter referred to in subsection (1).

9  Application—subsections 91AC(2) and (3) of the Migration Act 1958

(1)        Subsection 91AC(2) of the Migration Act 1958,as inserted by this Schedule, applies in relation to a bridging visa that was granted before or after the commencement of this item.

(2)        Subsection 91AC(3) of that Act, as inserted by this Schedule, applies in relation to a temporary visa that was granted before or after the commencement of this item.

More Info:http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:"legislation/bills/r4364_first/0001";rec=0