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esi amendment act, 1989

2. “(1)  A member has, in the performance of his or her duties as a member, the same protection and immunity as a Justice of the High Court. “64Z Refusal to be sworn or to answer questions etc. (b)  written arguments relating to the issues arising in relation to the decision under review. (c)  the contents of any document produced to the Tribunal; should not be published, or should not be published except in a particular manner and to particular persons, the Tribunal may give a written direction accordingly. (b)  has arrived in Australia but has been refused permission to enter Australia. (3)  The several Parts of the amended Act are renumbered so that they bear consecutive arabic numerals starting with “1”. Section 66A of the Principal Act is amended by omitting from subsection (3) “or (1A)” and substituting “, (1A) or (1B)”. “(1)  The Tribunal shall, in carrying out its functions under this Act, pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick. (b)  may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act. “(1)  The Minister may, after considering the prescribed matters and no other matters, order the deportation of a person who is an illegal entrant under any provision of this Act. “(2)  The Minister shall not delegate to any person the power to grant a permanent entry permit to a non-citizen to whom paragraph (1)(a) applies (whether or not another paragraph of subsection (1) also applies to the non-citizen). “(1)  The Minister may, from time to time, by notice in the Gazette, specify, in relation to a class of visas, the pool entrance mark and the priority mark for the purposes of this Act and the regulations. “(1)  The holder of an entry visa (not being a statutory visitor) may enter Australia after disembarkation at a proclaimed airport. “(6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a)  the knowledge, intention, opinion, belief or purpose of the person; and. “(3)  Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show: (a)  that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and. Arrest of deportee............................................................................ 64, 21.......... After section 39 of the Principal Act the following section is inserted:  65, “39A..... Operation of section 39 in relation to deportees held in other custody  65, 22.......... Division 6 of Part II of the Principal Act is repealed and the following Division is substituted:           66, “Division 6—Regulation of conduct of third parties in connection with the making of decisions            66, “46........ Offences in relation to false or misleading statements regarding the making of decisions       66, “47........ Offence of undertaking, for reward, to cause decisions to be made etc. “(2)  Section 11A has effect in relation to a person who is the holder of a re-entry permit within the meaning of section 12 of the Migration Amendment Act (No. “8  Minister may declare exempt non-citizens to be undesirable. The Section is amended by an Amendment Act and substituted sub Section (2) of the said Section with another one, providing such contributions to be paid at such rates which Central Government prescribes in this behalf. “11  Minister may declare pre-cleared flights. “(7)  Where the Minister sets aside a decision under subsection (5) or (6), he or she must cause to be laid before each House of the Parliament a statement that: (a)  sets out the decision set aside; and, (b)  where the decision is set aside under subsection (6)—sets out the recommendation of the review officer; and, (c)  sets out the decision substituted by the Minister; and. Regulation 1950. Section 2 of this Act provides for amendment of Section 1 of the principal Act by inserting sub Section (4) a proviso clause dealing with extension of the Act not upon factories or establishments belonging to Government. (b)  substitute a decision that is more favourable to the applicant than the decision recommended by the Tribunal. (c)  the certificate is filed in a court having civil jurisdiction to the extent of the amount to be paid; the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed. 36, 37): 19 June 1990 S. 27: 1 July 1989 (see Gazette 1989, No. “11W  Minister may suspend processing of entry permit applications where applicants are in Australia. “(4)  The conditions subject to which temporary entry permits may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to: (a)  the condition that the temporary entry permit will be taken not to be a valid temporary entry permit for the purposes of section 11ZD; (b)  where the temporary entry permit is granted to the person before entry into Australia—the condition that, in spite of anything else in this Act, the holder of the temporary entry permit will not, after entering Australia, be entitled to be granted another entry permit while he or she remains in Australia; and, (a)  a person makes an application for an entry permit of a particular class in accordance with the regulations; and. working day, in relation to a place, means any day that is not a Saturday, a Sunday or a public holiday in that place.”; (c)  by omitting subsection (6) and substituting the following subsection: “(6)  For the purposes of this Act, an application under this Act is finally determined when either: (a)  a decision that has been made in respect of the application is not, or is no longer, subject to any form of review under Part III; or. amended Act means the Migration Act 1958 as amended by this Act (other than this section). “(2)  Where the Minister, after following the prescribed procedures, is satisfied that a person is, under subsection (1), liable to deportation, the Minister shall, in writing, order the deportation of the person. “(3)  The orders that may be made under subsection (2) are orders staying, or otherwise affecting the operation or implementation of, either or both of the following: (a)  the decision of the Tribunal or a part of that decision; (b)  the decision to which the proceeding before the Tribunal related or a part of that decision. “(5)  If, while valuables are being kept pursuant to subsection (2), the arrested person becomes liable under section 21A or 21B to pay an amount to the Commonwealth, the Secretary shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d): arrested person means the person to whom the direction under section 21D applied. “(1)  Where section 64L does not apply, the Tribunal: (a)  shall give the applicant an opportunity to appear before it to give evidence; and. (ii)  is, because of subsection 11U(1), taken to be included in the valid temporary entry permit referred to in paragraph (a); the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a). “66DD  Minister may give general policy directions. “(1)  The Governor-General may remove a member from office on the ground of proved misbehaviour or physical or mental incapacity. 2) 1980, being a re-entry permit that has not expired, as if paragraph (1)(d) of that section were omitted and the following paragraph were substituted: ‘(d)  when he or she made a request for the grant of an entry permit, the person was a person referred to in paragraph 12(7)(c), (d), (e), (f) or (g) of the Migration Amendment Act (No. (b)  may, at his or her own option, obtain other relevant information and may have regard to that other information for the purpose of exercising the power. “(6)  A search under this section of a person, and the person’s clothing, shall be conducted by: (a)  an authorised officer of the same sex as the person; or. “49  Persons charged for services to be given detailed statement of services. “(1A)  A person arrested under subsection (1) or (7A) may, subject to this section, be kept in the custody of any officer or in such other custody as the Minister or the Secretary directs.”; (b)  by omitting from subsection (2) “in pursuance of this section” and substituting “under subsection (1) or (7A)”; (c)  by omitting from subsection (2) “him” (wherever occurring) and substituting “the arrested person”; (d)  by inserting in subsection (2) “or she” after “he”; (da)  by omitting from subsection (3) “a prohibited non-citizen” and substituting “an illegal entrant”; (e)  by omitting from subsection (3) “he may, by writing under his hand” and substituting “he or she may, in writing”; (f)  by omitting from subsection (3) “for such period as the prescribed authority is satisfied is reasonably required in order to enable the Minister to consider whether that person is a prohibited non-citizen and whether a deportation order should be made in respect of him”; (g)  by omitting subsection (3A) and substituting the following subsection: “(3A)  The period for which the prescribed authority may authorise a person to be detained in custody under subsection (3): (a)  if the person proposes to leave Australia voluntarily—is until the person is ready, willing and able so to leave Australia; (b)  where paragraph (a) does not apply—is such period as the prescribed authority is satisfied is reasonably required to enable consideration of whether the person is an illegal entrant and whether he or she should be allowed to remain in Australia; and. custody day, in relation to a deportee, means a day during the whole of which the deportee is or was in custody (whether or not as a deportee) under section 38 or 39. daily maintenance amount, in relation to a custody day in relation to a deportee, means the daily maintenance amount most recently determined by the Minister under subsection (5) before that day, in relation to the State or Territory in which the person was, on that day, in custody. (c)  at the time of the revocation, the non-citizen is an illegal entrant; the non-citizen is guilty of an offence punishable, on conviction, by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.”; (d)  by omitting subsection (4) and substituting the following subsection: “(4)  Where a person is convicted of an offence under this section and appeals against the conviction, the person shall not be released on bail unless he or she finds 2 sureties, each in the sum of $10,000 and each approved by the Secretary, for the person’s appearance at the hearing of the appeal.”; (e)  by omitting from subsection (5) “to the Department or an officer of the Department authorised by the Secretary to give certificates under subsection 31B (5)”; (f)  by omitting from subsection (6) “against subsection (1) by virtue of paragraph (ab) or (b) of that subsection” and substituting “under paragraph (1)(d) or (e)”; (g)  by adding at the end the following subsection: bogus document has the same meaning as in section 11A. “(1)  This section applies where a member who constitutes the Tribunal, or who is one of the members who constitute the Tribunal, for the purposes of a particular review (in this section called the unavailable member): (b)  for any reason, is not available for the purpose of the review at the place where the review is being conducted. (d)  refers to the evidence or any other material on which the findings of fact were based. “(4)  The Registrar, the Deputy Registrar and the other officers of the Tribunal shall be persons appointed or employed under the Public Service Act 1922. “(2)  Where, during the review, it appears to the review authority that the applicant might have grounds for making another application for an entry permit of the same class or an application for an entry permit of a different class, the review authority shall: (a)  notify the applicant accordingly; and. An entry permit shall not be granted to a person before he or she enters Australia unless the person: (b)  is exempted from the operation of section 26A by an instrument under subsection 53A(1). Principal Member means the Principal Member of the Tribunal. “(1)  This section applies in relation to a person who has been arrested under section 38 or 39 (in this section called the arrested person). 21               After section 39 of the Principal Act the following section is inserted: “39A  Operation of section 39 in relation to deportees held in other custody. presiding member, in relation to a review by the Tribunal, means: (a)  if the Tribunal is, for the purposes of the review, constituted by 2 or 3 members—the member who, in accordance with section 64J, is to preside at the review; or. “(4)  This section has effect subject to subsection 50(4). “(12)  If the notice is confirmed by the court, it remains in force for such period, not exceeding 12 months, as is specified by the court. A member may resign by writing signed by him or her and sent to the Governor-General. In this Part, Principal Act means the Migration Act 1958. (b)  the information was set out in that approved form or in a document that was attached to the application when it was so lodged. 1 Short title [see Note 1]. “10  Effect of visa that authorised entry into Australia. “11J  Minister may suspend processing of visa applications. “(2)  Where, because of the operation of subsection 6(2), a person is an illegal entrant even though the person holds a valid entry permit, the entry permit shall be taken to have been cancelled: (a)  when the person entered Australia; or, “11S  Restriction on applications for entry permits—review applied for. “(1)  The master, owner, agent, charterer and operator of a vessel on which a non-citizen is brought into Australia on or after 1 November 1979 are each guilty of an offence against this section unless the person, on arrival in Australia: (a)  is in possession of a valid visa applicable to his or her travel to Australia on that occasion; (b)  is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 53A(1), from the operation of this section; or. After section 5C of the Principal Act the following sections are inserted in Part I: (1) Divisions 1 and 1A of Part II of the Principal Act are repealed and the following Divisions are substituted: Section 18 of the Principal Act is repealed and the following sections are substituted: Section 19 of the Principal Act is repealed and the following section is substituted: (1) Section 21A of the Principal Act is repealed and the following sections are substituted: After section 26 of the Principal Act the following section is inserted in Division 4 of Part II: After section 37 of the Principal Act the following section is inserted: After section 39 of the Principal Act the following section is inserted: Division 6 of Part II of the Principal Act is repealed and the following Division is substituted: Before section 54 of the Principal Act the following section is inserted in Division 7 of Part II: After section 58 of the Principal Act the following sections are inserted in Part II: After Part II of the Principal Act the following Part is inserted: Before Part IV of the Principal Act the following Part is inserted: Section 65 of the Principal Act is repealed and the following section is substituted: After section 66B of the Principal Act the following section is inserted: Section 66D of the Principal Act is repealed and the following sections are substituted: Amendment of Migration Amendment Act (No. “(2)  Where, pursuant to a requirement of or under this Act, the Secretary gives to the Tribunal a document or information to which this section applies, the Secretary: (a)  shall notify the Tribunal in writing that this section applies in relation to the document or information; and. prescribed means prescribed by the regulations. (d)  in relation to the cancellation of entry permits that are granted subject to a limitation as to the time the holder is authorised to remain in Australia. “(2)  Where the Tribunal is constituted for the purpose of a review by 2 members, any question to be decided on the review shall be decided: (a)  if the 2 members are of the same opinion—according to that opinion; or. “(14)  The Secretary may issue to an officer a search warrant in accordance with the prescribed form. Penalty:  $5,000 or imprisonment for 2 years, or both. (b)  if the person is not in the custody of an officer, by the officer who so informs the person. 26               After Part II of the Principal Act the following Part is inserted: “61  Internal review of certain decisions. Employees whose monthly wages are Rs 21,000 or below are covered under the ESI Act. The Employees’ State Insurance (Amendment) Act, 1989. “(3)  A person appearing before the Tribunal to give evidence shall not knowingly give evidence that is false or misleading in a material particular. To live or not to live in a Live-in Relationship! Does my Father’s illegitimate son will get any right in my mother’s self acquired property ? “(2)  A person who is guilty of an offence against this section is liable, upon conviction, to a fine not exceeding $5,000. (a)  a person gives the Secretary a section 11A notice; and. “(4)  Subsection (3) applies to the divulging or communicating of information whether directly or indirectly. Moreover, this Act provides for another new provision relating to offences by Companies under new Section 86A. “Sections 11R, 11V, 11ZC and 11ZF apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.”. “(1)  A permanent entry permit shall not be granted to a non-citizen after entry into Australia unless at least one of the following paragraphs applies to the non-citizen: (a)  he or she has been granted territorial asylum in Australia by instrument of a Minister; (i)  is the holder of a valid temporary entry permit; and. (c)  the temporary entry permit was granted: (i)  before the commencement of this section, subject to a condition imposing restrictions on the holder’s performing any work without the written permission of an authorised officer; or. section 11A notice means a notice given to the Secretary under subsection 11A(3). Restriction on applications for entry permits—review applied for. (b)  because it would involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet. Insert “or herself” after “himself” (wherever occurring). Surrogacy in India and legality of Surrogate Parents. “(1)  This section applies in relation to a review by the Tribunal where the Tribunal is constituted for the purpose of the review by 2 or 3 members. Section 16 of the Principal Act is repealed. “(3)  This section has effect subject to the Remuneration Tribunal Act 1973. (ii)  in any other case—the Minister shall put the application aside and continue to deal with it in accordance with those regulations. “(2)  Where the Tribunal is satisfied that it is in the public interest to do so, the Tribunal may direct that particular oral evidence, or oral evidence for the purposes of a particular review, is to be taken in private. (b)  that the director, servant or agent had the state of mind. (3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act. Penalty:  $5,000 or imprisonment for 2 years, or both.”; (b)  by omitting from subsection (2) “to the Department or an officer of the Department authorised by the Secretary to give certificates under subsection 31B(5)”. “(2)  Regulations made under subsection (1) may provide for different classes of entry permits. 10  Section 19 of the Principal Act is repealed and the following section is substituted: “(1)  Where the Minister makes or has made an order for the deportation of a person who has a spouse, the Minister may, at the request of the spouse of that person, order the deportation of: (b)  the spouse and a dependent child or children; “(2)  Where the Minister makes or has made an order for the deportation of a person who does not have a spouse but who does have a dependent child or children, the Minister may, at the person’s request, order the deportation of a dependent child or children of the person.”. (c)  is a person described in paragraph (f) of the definition of exempt non-citizen in subsection 5(1), other than a person in respect of whom a declaration is in force under section 8. (b)  disrupt the taking of evidence by the Tribunal. “(b)  the person is not the holder of a valid permanent entry permit.”. (a)  the Commonwealth makes arrangements as mentioned in subsection (1) for the conveyance of a deportee to a place outside Australia; and. (3) The wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this Act. “(3)  Where it appears to the Minister that an applicant for a visa other than an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned, then: (a)  the Minister shall give the applicant written notice: (i)  stating that the Minister proposes to grant a visa; and, (ii)  requiring the applicant to notify the Minister, as prescribed, if there has been any material change in his or her circumstances since the application was made; and. “(2)  The Tribunal constituted by a member or members may sit and exercise the powers of the Tribunal even though the Tribunal constituted by another member or other members is at the same time sitting and exercising those powers.”. “(8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.”. “(1)  Where a person is deemed, because of subsection 12(1) of the Migration Amendment Act (No. Principal Member............................................................................. 94, “64ZM. The report became the basis for the Employment State Insurance (ESI) Act of 1948. 4-6....................................... S. 8............................................ S. 10........................................... S. 10A........................................ Ss. (ii)  the arrangement was entered into in contravention of section 47. Powers of the Tribunal etc............................................................... 82, “64Q..... Presiding member may authorise another person to take evidence.. 83, “64R..... Review to be in public...................................................................... 84, “Division 5—Decisions of Tribunal                                                                     85, “64S...... Tribunal to record its decisions etc. Part 4—Consequential Amendments of other Acts, 38  Consequential amendments of other Acts. (f)  a person who is an inhabitant of the Protected Zone, not being a person who, at the time of entry, is or was a person to whom subsection 11A(1) applies because of paragraph 11A(1)(d), who is entering or has entered a part of Australia (being a part that is in the Protected Zone or in an area in the vicinity of the Protected Zone) in connection with the performance of traditional activities. Section 20 of the Principal Act is amended by inserting “, after considering the prescribed matters and no other matters,” after “Minister” (second occurring). (c)  remains an illegal entrant until he or she stops being an illegal entrant under the Migration Act 1958. “(1)  Where the Tribunal is constituted for the purpose of a review by 3 members, any question before the Tribunal shall be decided according to the opinion of the majority of those members. “(4)  The Minister may, by instrument in writing, determine that this section applies to visas granted in a specified manner and form. temporary entry permit means an entry permit that is subject to a limitation as to the time the holder is authorised to remain in Australia. In March 1943, Prof. B.P.Adarkar was appointed by the Government of India to create a report on the health insurance scheme for industrial workers. is required personally to perform all administrative and clerical tasks connected with the exercise of the power. (b)  may give the Tribunal any written advice that the Secretary thinks relevant about the significance of the document or information. “(5)  Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect. “(2)  If the unavailable member constitutes the Tribunal, the Principal Member shall direct another member or members to constitute the Tribunal for the purpose of finishing the review. (b)  a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia. The E.S.I. (b)  shall not in any circumstances grant a visa. aged parent means a parent who is old enough to be granted an age pension under the Social Security Act 1947. applicable pass mark, in relation to an application for a visa of a particular class that is reconsidered pursuant to Subdivision B of Division 1A of Part II, means the number of points specified, in a notice under section 11N in force at the time of the reconsideration, as the pass mark for the purposes of applications for visas of that class. Schedule 3—Amendments of the Migration Act 1958 relating to powers of secretary. As per ESIC Act ,1948 Section 2 A of the Employees’ State Insurance Act, 1948 Regulation 10 B of the E.S.I. “(1)  Subject to this section, the Tribunal shall take oral evidence in public. 23 Before section 54 of the Principal Act the following section is inserted in Division 7 of Part II: 25 After section 58 of the Principal Act the following sections are inserted in Part II: “60 Secretary may issue documents containing information concerning certain persons. (a)  the name of a child is included in the passport or other document of identity of a parent of the child; and. “(8)  Where the Secretary arranges for a ticket to be applied for or towards the conveyance of a deportee pursuant to subsection (6): (a)  if the application of the ticket meets the conveyance expenses in full—the liability under this section in respect of the deportee shall be taken to have been discharged; and. (ii)  where no period is so specified—the giving of a decision on the appeal. “(17)  An officer who has seized valuables under subsection (16) shall deal with those valuables in accordance with the directions of the Secretary. “(6)  In any proceeding for an offence against this section, a certificate signed by the Secretary stating that, at a time, or during a period, specified in the certificate, a specified person was not exempted, by an instrument under subsection 53A(1), from the operation of this section, is prima facie evidence that the person was not so exempted at that time or during that period. “21C  Orders restraining deportees and illegal entrants from disposing etc. (2)  The amended Act is further amended as provided by this section. (g)  except in the case of a person described in paragraph (b) of that definition—a declaration in relation to the person is made under section 8. “(d)  a person who is, for the purposes of the Migration Act 1958, an exempt non-citizen, being a person who the Secretary is satisfied is likely to remain in Australia.”. So, the ESI Amendment Act, 1989 addressed the issue and made it specific to exclude only the Apprentices who were covered by the Apprentices Act, 1961 and the Apprentices as per the Standing Orders of the factory (Industrial Establishment). of vessel or installation which brought deportee to Australia to provide passage. child, in relation to a person, means an unmarried child of the person, being a child who: (b)  has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family. 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