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MIGRATION LEGISLATION AMENDMENT ACT (NO. 1) 1998 - SCHEDULE 4

"No further stay" conditions applicable to visas

 

Migration Act 1958

1   After subsection 41(2)

Insert:

  (2A)   The Minister may, in prescribed circumstances, by writing, waive a condition of a kind described in paragraph   (2)(a) to which a particular visa is subject under regulations made for the purposes of that paragraph or under subsection   (3).

2   Paragraph 46(1)(e)

Repeal the paragraph, substitute:

  (e)   where the applicant is in the migration zone and the application is not for a protection visa or a bridging visa:

  (i)   the applicant has not, since last entering Australia, held a visa subject to a condition described in paragraph 41(2)(a); or

  (ii)   if the applicant has, since last entering Australia, held a visa subject to such a condition--the Minister has waived the condition under subsection   41(2A).




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