“(8)  Anything done by or in relation to a person acting or purporting to act under an appointment under this section is not invalid merely because: normal terminating event, in relation to an appointment to act in an office, means: (a)  if the appointment is made under paragraph (1)(a)—the filling of the vacancy in the office; or. “(6)  Where a temporary entry permit was granted before the commencement of this section subject to a condition as mentioned in subparagraph (5)(c)(i), the Secretary may, after the commencement: (a)  give permission for the purposes of that condition; and. To explain this we need to take reference of an amendment of the ESI Act in Section 1(6) of the Act with effect from 20-10-1989. Commencement 2. (c)  the heading to section 36A of the Migration Act 1958 is altered by omitting “non-citizen” and substituting “entrant”. “(3)  In spite of anything else in this Act, a review authority shall not, by varying a decision or setting a decision aside and substituting a new decision, purport to grant an entry permit on humanitarian grounds. (d)  the persons who may apply for such reviews. “(17)  An officer who has seized valuables under subsection (16) shall deal with those valuables in accordance with the directions of the Secretary. “64F  Constitution of Tribunal for exercise of powers. AMENDMENT IN ESI CONTRIBUTION REMITTANCE DATE. By an Amendment of Act 29 of the ESI in 1989, it is provided that a factory or an establishment shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. (b)  it would be contrary to the public interest for the decision to be reviewed because such review would require consideration by the review authority of deliberations or decisions of the Cabinet or of a committee of the Cabinet. (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). “(5)  A court may rescind, vary or discharge an order made by it under this section. 27 Before Part IV of the Principal Act the following Part is inserted: “Division 1—Establishment and Membership of the Immigration Review Tribunal, “64ZJ Establishment of the Immigration Review Tribunal, “64ZN Remuneration and allowances of Principal Member, “64ZP Remuneration and allowances of other members. “(6)  A court may suspend the operation of an order made by it under this section. In this Part, Principal Act means the Migration Act 1958. retrospective grant of exemption from the provision of the Act; Download ESI (Amendment) Act 2010; ESIC ONLINE PORTAL: ESIC Launched New Online Portal for Submitting Application and Returns; ESI WAGE CEILING: ESI WAGE CEILING ENHANCED FROM Rs. “(1)  The Minister may appoint a person to act in a senior office: (a)  during a vacancy in the office, whether or not an appointment has previously been made to the office; or. (b)        Omit “he”, substitute “the person”. “(7)  Where it appears to the Minister, upon reconsideration of an application pursuant to regulations made under subsection 11M(4), that the applicant: (a)  because of subparagraph 11M(5)(b)(i), is to be taken not to have received the necessary score; and (b) because of that is not, under the regulations, entitled to be granted a visa of the class concerned; the Minister shall refuse to grant the applicant such a visa. “66DB  Delegate not required to perform certain administrative tasks. (a)  an officer of the Department prescribed for the purposes of this definition; or. 22               Division 6 of Part II of the Principal Act is repealed and the following Division is substituted: “Division 6—Regulation of conduct of third parties in connection with the making of decisions, “46  Offences in relation to false or misleading statements regarding the making of decisions. “(7)  Where the Tribunal as constituted for the purposes of a review includes a person acting or purporting to act under this section, any decision of, or any direction given or other act done by, the Tribunal as so constituted is not invalid merely because: (a)  the occasion for the appointment had not arisen; (b)  there was a defect or irregularity in connection with the appointment; (c)  the appointment had ceased to have effect; or. “(3)  A notice under subsection (1) or (2) operates to revoke the previous notice under that subsection in relation to the same class of visas. (b)  produced to an officer a passport that was not an Australian passport; is prima facie evidence that the person was, on arrival, a non-citizen. 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. (ii)  in any other case—the Minister shall put the application aside and continue to deal with it in accordance with those regulations. (b)  direct that the Tribunal is to be constituted for that purpose by the remaining member or members together with another member or members. To live or not to live in a Live-in Relationship! An entry permit granted to a non-citizen stops being in force when the non-citizen leaves Australia, and has no further force. “(4)  If, when the Secretary takes possession of valuables, the arrested person is 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): (a)  apply the valuables towards the payment of the amount owed to the Commonwealth; and. “(2)  The Secretary may give the person written notice: (a)  stating that the deportation order has been made; (b)  setting out particulars of the deportation order; and. of vessel or installation which brought deportee to Australia to provide passage  41, 12.......... (1) Section 21A of the Principal Act is repealed and the following sections are substituted: 43, “21A..... Costs of deporting deportees........................................................... 43, “21B..... Costs of keeping deportees in custody............................................ 45, “21C..... Orders restraining deportees and illegal entrants from disposing etc. “11J  Minister may suspend processing of visa applications. “(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. “(2)  Where the Secretary thinks that the issue to a person of a document under subsection (3) relating to another person, being a person to whom this section applies, would facilitate the making of arrangements for the transportation, by aircraft, of the other person from Australia, the Secretary may give the first-mentioned person a document under subsection (3) relating to the other person. “(1)  The period of grace for a person who has become an illegal entrant: (a)  starts when the person becomes an illegal entrant; and. This Act is administered in the Office of the State Services Commission. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (b)        Insert “or she” after “he” (second and third occurring). (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. “(1)  Where the Secretary takes possession of valuables pursuant to subsection 21D(5), the provisions of this section have effect. (c)  prevent the taking of action in reliance on the making of the decision. Schedule 2................................. Act No. The Minister may, in writing, declare, in relation to an exempt non-citizen, that it is undesirable that the exempt non-citizen be permitted to enter Australia or to remain in Australia. Commissions of Inquiry (Amendment) Act 1989 8. up to 26 January 2000. 34 of 1948). (b)  a visa that, because of section 10, has effect as if it were an entry permit, being a visa granted subject to a condition set out in paragraph 11D(4)(a) or (b). 2) 1980, Amending Acts 1980 to 1989 Repeal Act 2015. (b)  the person accompanies his or her spouse to Australia (whether before or after the commencement of this section); the person shall be taken to be included in any visa granted to the spouse and noted on the passport or other document of identity if, and only if, the person’s name is included in the visa. Omit “An authorised officer”, substitute “The Secretary”. Commencement 2. (a)  a person has given the Secretary a section 11A notice; and. properly endorsed valid entry visa, in relation to a person to whom subsection 11A(1) applies, means a valid visa, being an entry visa under section 9, that is endorsed with a statement that the Secretary recognises the holder of the visa to be a person to whom subsection 11A(1) would apply, if the person entered Australia, for the reasons set out in a section 11A notice, where those are the only reasons for which subsection 11A(1) applies to the person. “(1)  A person or body having functions or powers under this Act shall perform those functions, and exercise those powers, in accordance with such general directions (if any) as are given to the person or body by the Minister in writing. “64C  Review authority to consider all possible applications. Section 57 of the Principal Act is amended: (a)  by omitting from subsection (1) “proceedings in a court under this Act or in relation to a deportation order—” and substituting “migration proceedings:”; (b)  by omitting from subparagraph (1)(b)(i) “to the court”; (c)  by inserting after paragraph (1)(b) the following paragraph: “(ba)  a certificate signed by an officer stating that: (i)  at a time, or during a period, specified in the certificate a specified person was, or was not, the holder of, a valid visa or a valid entry permit; (ii)  a specified visa or entry permit was granted subject to specified conditions or to a specified limitation as to time; or. Regulation 1950. (b)  written arguments relating to the issues arising in relation to the decision under review. Schedule 3—Amendments of the Migration Act 1958 relating to powers of secretary. Subject to any direction under section 64ZG, the Registrar shall ensure that statements prepared by the Tribunal pursuant to subsection 64S(1) are published. (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. “(1)  A person shall not enter an arrangement under which he or she undertakes, in return for a payment, that a decision under this Act to a particular effect will be made. 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. This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the necessary score when assessed as provided by this Subdivision. The Amendment Act further amends the provisions relating to penalties, wherein Section 84 of the original Act amended in so far as it relates to punishment for false statement which  was extending to three months imprisonment, now it is extending to six months imprisonment and the fine which was extending to 500 rupees and now it is extending to 2000 rupees. (b)  did not land in any other country after leaving the country of embarkation of that pre-cleared flight and before arriving in Australia. “11H  Certain persons taken to be included in spouse or parent’s visa, (a)  a person’s name is included in the passport or other document of identity of the person’s spouse; and. Entry permit stops being in force upon departure from Australia... 36, “11ZG.. Secretary means the Secretary to the Department. (2) It extends to the whole of Uttar Pradesh. Further, this Amendment Act amends the provision contained in Chapter II of the Principal Act relating to Establishment of Corporation, Standing Committee and Medical Benefit Council. “(1)  A person shall not make a false or misleading statement about: (b)  the ability or power of another person; to induce or influence the making of decisions, or of a particular decision, under this Act. Contents. Restrictions on disclosure of certain information etc....................... 90, “64ZE... Tribunal’s discretion in relation to disclosure of certain information etc. (a)  obstruct or hinder the Tribunal or a member in the performance of the functions of the Tribunal; or. (b)  if a payment is made by the transfer of property other than money, the amount paid shall be taken to be the money value of that property.”. (c)  in any case—is not more than 7 days from the date of the authorisation or such longer period as the person consents to.”; (h)  by omitting subsections (6) and (7) and substituting the following subsections: “(6)  If, while a person is in custody under this section, an officer informs the person (whether before or after the person is brought before a prescribed authority) that a deportation order is in force in relation to the person, the preceding provisions of this section stop applying in relation to the person, and the person shall be taken to have been thereupon arrested under section 39 by: (a)  the officer who has custody of the person; or. Insert “or herself” after “himself” (wherever occurring). A person who has been served, as prescribed, with a summons to appear before the Tribunal to give evidence and tendered reasonable expenses shall not, without reasonable excuse: (a)  fail to attend as required by the summons; or. (b)  where the person to whom the decision relates is not physically present in Australia—70 days. “(14)  The Secretary may issue to an officer a search warrant in accordance with the prescribed form. “64ZD Restrictions on disclosure of certain information etc. “(2)  Where a notice under subsection (1) is published in the Gazette, no official shall take any action in relation to any application for a visa of the class concerned until the resumption day. (a)  a person other than a body corporate is convicted of an offence; and. “21B  Costs of keeping deportees in custody. “(2)  Subject to this section, a person appointed to act during a vacancy in a senior office shall not continue to act for more than 12 months. History. Any person who wears or without the written permission of the “(1)  A person who has become an illegal entrant otherwise than under subsection 6(2) stops being an illegal entrant if and when an entry permit or further entry permit is granted to the person, and not otherwise. The Minister may, in writing, declare a specified flight by an aircraft on a specified day between a specified foreign country and Australia to be a pre-cleared flight for the purposes of section 9. Subsection 3(1) (subparagraph (e)(i) of the definition of Australian resident): Omit the subparagraph, substitute the following subparagraph: “(i)  is, within the meaning of the Migration Act 1958, the holder of a valid temporary entry permit; and”. “64V  Appeal to Federal Court on question of law. Under Chapter V of the original Act relating to Benefits extended to insured persons under that Act, the Section 49 is added, with the view to extend Sickness benefit to the persons who is qualified under this section on such conditions and rates and period which the Central Government prescribes. The E.S.I. (e)  the person would, if he or she entered Australia, become an illegal entrant; the person may, if an authorised officer so directs, be kept in such custody as the authorised officer directs at such place as the authorised officer directs for: (f)  such period, not exceeding 14 days, as is required for: (i)  the making of a decision whether to prosecute the person in connection with the offence referred to in paragraph (c); and, (ii)  the institution of any such prosecution; and. N-12/13/1/2016 - P&D, in Regulation 31 of Employees' State Insurance (General) Regulations, 1950, for the words "within 21 days" the word "15 days shall be substituted" “47 Offence of undertaking, for reward, to cause decisions to be made etc. “(2)  Where, under subsection (1), a deportee who is an accompanying spouse in relation to another deportee is liable to pay an amount to the Commonwealth, the first-mentioned deportee and the other deportee are jointly and severally liable to pay the amount to the Commonwealth. “(12)  For the purpose of ordering the deportation of a person on the ground that the person is an illegal entrant because of subsection 6(2), the reference in this section to a prescribed disease shall be read as a reference to a disease, or a physical or mental condition, that is prescribed for the purposes of this section by regulations in force at the time when the person is ordered to be deported. “(6)  For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if: (a)  the person entered Australia before 1 June 1959 while he or she was a member of the crew of, or a person included in the complement of, a vessel; and. “(7A)  An officer may, without warrant, arrest a person who: (a)  has been released from custody under subsection (7) subject to conditions; and. 4-6....................................... S. 8............................................ S. 10........................................... S. 10A........................................ Ss. (2)  A notice published in the Gazette under subsection 21A(7) of the Principal Act as in force before the commencement of this section shall, after that commencement, for the purposes of section 21B of the Migration Act 1958, be taken to be a notice under subsection 21B(5). “(2)  In spite of any other provision of this Act, a deportation order made under this section shall not be executed before the period of grace for the person has ended.”. “(4)  The regulations made in relation to decisions that are reviewable by a review officer and then by the Tribunal shall not provide periods during which the reviews of such a decision may be instituted that are longer in total than: “(5)  Where the Minister thinks that it is in the public interest to do so, the Minister may: (a)  set aside a decision affirmed, varied or made by a review officer under regulations made under subsection (1); and. “(2)  If the Principal Member is one of the members of the Tribunal as constituted for the purpose of the review, the Principal Member shall preside at the review. Omit “authorised officer”, substitute “Secretary”. “(9)  The notice stops being in force at the end of the third working day after it is given unless, before the end of that day, the Secretary has applied to a court for an order confirming the notice. 31               Section 66D of the Principal Act is repealed and the following sections are substituted: The Minister may, in writing, approve a form for the purposes of a provision of this Act in which the expression approved form is used. “(5)  An order in force under subsection (2): (a)  is subject to such conditions as are specified in the order; and, (i)  where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or. Act (Employees State Insurance) passed in 1948 (amended in 1975, 1984, 1989 and 2010) is an important measure of social security and health insurance in this country. (b)  such other duties and functions as the Principal Member directs. 4 Comments. ... (Amendment) Act, 1989 (29 of 1989). Employees' State Insurance (Amendment) Act, 2010 1948 vide The ESI Act, 1948, was last amended in 1989. (b)  if and only if the Minister becomes satisfied that there has been no material change in the applicant’s circumstances since the application was made, the Minister shall, subject to section 11J, grant the visa. “64N  Applicant may request Tribunal to call witnesses. “(1)  An illegal entrant is liable to deportation if the period of grace for the illegal entrant has ended. “(4)  Where a person (other than a member of the Tribunal as constituted for the purpose of the review) exercises the power of the Tribunal to take evidence on oath or affirmation for the purpose of a review, the person shall cause a written record of the evidence taken to be made and sent to the presiding member. “(2)  A person shall not make a false or misleading statement about the effect of: on the making of a decision under this Act. “(19)  An officer who, in good faith, on behalf of the Secretary or as a delegate of the Secretary, does any act or thing for the purpose of the exercise of the power under subsection (5) to take possession of valuables is not liable to any civil or criminal action in respect of the doing of that act or thing. “(2)  Where a person to whom subsection 11A(1) or (2) applies has entered Australia (whether before or after the commencement of this section) then, at and after that commencement, or that entry, whichever is later, the person is an illegal entrant at any time while he or she: (c)  does not hold a properly endorsed valid entry permit or a properly endorsed valid entry visa. (ii)  breached or will breach a condition subject to which a visa or entry permit was granted to the person. “(b)  the person is not the holder of a valid permanent entry permit.”. “(2)  The Tribunal is not required to allow any person to address it orally about the issues arising in relation to the decision under review. 2) 1989. (b)  a valid visa that was granted after the commencement of this section in a manner and form specified in a determination in force under subsection (4) at the time of the grant. (b)  if the court does not make an order under this subsection there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the deportee is, or becomes, liable to pay to the Commonwealth under section 21A or 21B; the court may make an order restraining any dealing with the property, or such part of the property as is specified in the order. 25               After section 58 of the Principal Act the following sections are inserted in Part II: “(1)  The Minister may, on behalf of the Commonwealth, cause detention centres to be established and maintained. (a)  a person gives the Secretary a section 11A notice; and. “(1)  A person, other than the applicant, summoned to appear before the Tribunal to give evidence is entitled to be paid, in respect of his or her attendance, fees, and allowances for expenses, fixed by or in accordance with the regulations. “(2)  Where the Minister is satisfied that a certificate is in force in relation to a person, the Minister shall grant to the person a visa with respect to travel to Australia by the person for the purposes referred to in subsection (1). “(2)  Subsection 6(1) does not apply in relation to the entry into Australia of a statutory visitor. 36, 1989 POLICE AMENDMENT ACT,1989 . An entry permit shall not be granted to a non-citizen who has entered Australia without an entry permit pursuant to an exemption under subsection 53A(2) that specified as mentioned in subsection 53A(3). 5 After section 5C of the Principal Act the following sections are inserted in Part I: “5D Certain children taken to enter Australia at birth, “5E How a person stops being an exempt non‑citizen, “5H Application of Part VA of the Marriage Act. “(3)  Where a person is given notice under subsection (2), this Act (other than subsections 39(1) and (2)) applies in relation to the person as if he or she had been arrested under subsection 39(1) at the custody transfer time.”. and to notify parties................ 85, “64T..... Tribunal decisions to be published................................................... 85, “64U..... Minister may set aside Tribunal’s decision etc................................ 85, “64V..... Appeal to Federal Court on question of law.................................... 87, “64W.... Operation etc. (ii)  in any other case—the applicant and the Principal Member consent. “(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. “9  Visa holders authorised to enter Australia in some circumstances. “64ZD  Restrictions on disclosure of certain information etc. “(2)  Nothing in subsection (1) prevents the grant of an entry permit to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth. 1. “(13)  If the court refuses to confirm the notice, it thereupon stops being in force. “(4)  The conditions subject to which visas may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to: (a)  the condition that if, because of section 10, the visa has effect as if it were an entry permit, it will be taken, in spite of section 10, not to be a valid entry permit for the purposes of section 11ZD; (b)  the condition that, in spite of anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted an entry permit while he or she remains in Australia; and. “(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. “(7)  An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (8). “(1)  Where section 64L does not apply, the Tribunal shall notify the applicant: (a)  that he or she is entitled to appear before the Tribunal to give evidence; and. “(4)  The Minister shall cause copies of each notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette. “(1)  The Minister may appoint a person appointed or employed under the Public Service Act 1922 to act in a Tribunal office: (b)  during a period when the holder of the office is absent from duty. “48  Effect of contravention of section 46 or 47 on charging for services. “(1)  Subsections (2) and (3) apply where: (a)  a person (in this section called the agent) has, after the commencement of this section, entered into an arrangement with another person under which the agent is to perform services in connection with the making of a decision under this Act; and, (i)  before the arrangement was entered into, the agent made, or caused or permitted to be made, a statement to the other person in contravention of section 46; or. “(1)  The Minister may grant an entry permit to a statutory visitor after entry into Australia if, and only if, at least one of the following paragraphs applies to the non-citizen: (b)  the Minister has determined, in writing, that the statutory visitor has the status of refugee within the meaning of: (ii)  the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967. 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