Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 3   Act-based visas

Part 1   Amendment of the Migration Act 1958

Division 1   Amendments

Migration Act 1958

3   Paragraph 46(1)(d)

Repeal the paragraph, substitute:

(d) it is not prevented by any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:

(i) section 48 (visa refused or cancelled earlier);

(ii) section 48A (protection visa refused or cancelled earlier);

(iii) section 161 (criminal justice visa holders);

(iv) section 164D (enforcement visa holders);

(v) section 195 (detainee applying out of time);

(vi) section 501E (earlier refusal or cancellation on character grounds); and

(e) it is not invalid under any provision of this Act, or of any other law of the Commonwealth, including, without limitation, the following provisions of this Act:

(i) section 46AA (visa applications, and the grant of visas, for some Act-based visas);

(ii) section 46A (visa applications by unauthorised maritime arrivals);

(iii) section 46B (visa applications by transitory persons);

(iv) section 91E or 91G (CPA and safe third countries);

(v) section 91K (temporary safe haven visas);

(vi) section 91P (non-citizens with access to protection from third countries).