The object of the Migration Act 1958 is specified under Part 1, Section 4 of the Act. Before we discuss the object of Migration Act 1958, let’s explore the introductory Sections of Part 1 of the Act.
In this blog, we will highlight points that the Migration Act states in Section 1, Section 2, Section 3 and Section 4. These Sections fall under Part 1 of the Act. Part 1 is the preliminary or introductory Part of the Migration Act.
Firstly, Section 1 provides a short title of the Act. It states that we can cite this Act as the Migration Act 1958. Moreover, Section 2 of the Act outlines points in relation to “Commencement” of the Act. It states that the several parts of the Act will come into operation on dates that the Proclamation fixes.
Section 3 Migration Act 1958
Before we explore the object of Migration Act 1958, let’s also see what Section 3 of the Act states. The title of Section 3 is “repeal and savings.” It states that the Acts that the Schedule in this Act specify are repealed.
Additionally, it states that Section 9 of the War Precautions Act Repeal Act 1920-1955, as well as the heading to that Section and to the Act are now repealed. Furthermore, subsection (3) under Section 3 states that this Act has amended the War Precautions Act Repeal Act 1920 – 1955, and we may now cite it as the War Precautions Act Repeal Act 1920-1958.
Subsection (4) states that despite these repeals this Section affects:
- a certificate of exemption in force under the Immigration Act 1901-1949 immediately before the date of commencement of this Part shall be a temporary visa under this Act. The temporary visa will be for the person that the certificate specifies. It will authorise the person to remain in Australia for a period ending on the date on which the certificate would have expired if this Act had not been passed.
Subsection (5) mentions that for the purposes of point 4 (i) where a person who entered Australia before the commencement of this Part, re-enters Australia and:
– a certificate of exemption purported to be issued to the person, the certificate shall be deemed to have been as validly issued as if the person had not previously entered Australia.
Section 3A
We will discuss object of Migration Act 1958 in the later section. Let’s first see what Section 3A of the Act states.
Firstly (1), this Section states that if a provision of this Act:
- would, apart from this section, have an invalid application, but
- also has at least one valid application,
it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.
Moreover, it states that despite subsection (1), the provision is not to have a valid application if:
- apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act, that the provision was to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power, or
- the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.
Lastly, it also states that in this Section, “application” means in relation to one or more particular persons, matters, things, places, circumstances or cases.
Moreover, “invalid application” means an application because of which the provision exceeds the Commonwealth’s legislative power.
Lastly, a “valid application” in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
Section 3B Compensation for Acquisition of Property
This Section states that if this Act results in an acquisition of property, and any part of this Act would not be valid except for this particular Section, because a particular person did not receive compensation, the Commonwealth must pay that person:
- a reasonable amount of compensation agreed on between the person and the Commonwealth, or
- failing agreement – a reasonable amount of compensation determined by a court of competent jurisdiction
Point (2) states that: Any compensation, or other remedy given, in a proceeding begun otherwise than under this Section must be taken into account in assessing compensation payable in a proceeding begun under this section for the same event/transaction.
Section 4: Object of Migration Act 1958
Section 4 of the Act clearly lists out the objectives of the Act. It states that primarily, the object of Migration Act 1958 is to regulate, in national interest, the coming into, and presence in Australia of non-citizens. Additionally it states that the Act provides for:
- visas permitting non-citizens to enter or remain in Australia and the Parliament intend that this Act be the only source of the right of non-citizen to so enter or remain.
- if the Act does not permit the presence of certain non-citizens – the removal or deportation from Australia of those non-citizens.
- non-citizens and citizens need to provide personal identifiers for the purpose of this Act or the regulations.
- the taking of unauthorised maritime arrivals from Australia to a regional processing country.
Seek Advice from Immigration Lawyers
This blog has explored the object of Migration Act 1958. If you wish to obtain more information about immigration law and visa processes, check our immigration law blog page for more information.
Immigration law is complex. Each visa application may have different processes involved. Moreover, eligibility requirements for various visa subclasses also vary. This is why it is important to speak with immigration law solicitors who can help you with these legal matters.
For more information on object of Migration Act 1958, or for any other enquiries, do not hesitate to contact our team of solicitors today.
