Section 33 — Special purpose visas

33 Special purpose visas

(1) There is a class of temporary visas to travel to, enter and remain in Australia, to be known as special purpose visas.

(2) Subject to subsection (3), a non-citizen is taken to have been granted a special purpose visa if:

(a) the non-citizen:

(i) has a prescribed status; or

(ii) is a member of a class of persons that has a prescribed status; or

(b) the Minister declares, in writing, that:

(i) the non-citizen is taken to have been granted a special purpose visa; or

(ii) persons of a class, of which the non-citizen is a member, are taken to have been granted special purpose visas.

(3) A non-citizen is not taken to have been granted a special purpose visa if a declaration under subsection (9) is in force in relation to the non-citizen or a class of persons of which the non-citizen is a member.

(4) A special purpose visa granted under subsection (2) is granted at the beginning of the later or latest of the following days:

(a) if paragraph (2)(a) applies:

(i) the day the non-citizen commences to have the prescribed status;

(ii) the day the class of persons, of which the non-citizen is a member, commences to have the prescribed status;

(iii) the day the non-citizen commences to be a member of the class of persons that has a prescribed status;

(b) if paragraph (2)(b) applies:

(i) the day the declaration is made;

(ii) if a day is specified in the declaration as the day the visa comes into effect—that day;

(iii) the day the non-citizen commences to be a member of the class of persons specified in the declaration.

(5) A special purpose visa ceases to be in effect at the earliest of the following times:

(a) if paragraph (2)(a) applies:

(i) if the non-citizen ceases to have a prescribed status—the end of the day on which the non-citizen so ceases; or

(ii) if the non-citizen ceases to be a member of a class of persons that has a prescribed status—the end of the day on which the non-citizen so ceases; or

(iii) if the Minister makes a declaration under subsection (9) in relation to the non-citizen, or a class of persons of which the non-citizen is a member—the time when that declaration takes effect;

(b) if paragraph (2)(b) applies:

(i) if a day is specified in the declaration as the day the visa ceases to be in effect—the end of that day; or

(ii) if an event is specified in the declaration as the event that causes the visa to cease to be in effect—the end of the day on which the event happens; or

(iii) if the non-citizen ceases to be a member of a class of persons specified in the declaration—the end of the day on which the non-citizen so ceases; or

(iv) if the declaration is revoked—the end of the day of the revocation; or

(v) if the Minister makes a declaration under subsection (9) in relation to the non-citizen, or a class of persons of which the non-citizen is a member—the time when that declaration takes effect.

(5A) For the purposes of subsection (5), the time when a declaration made by the Minister under subsection (9) takes effect is:

(a) if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect—the time so specified; or

(b) if the Minister does not specify such a time in the declaration—the end of the day on which the declaration is made.

(6) If the Minister makes a declaration under paragraph (2)(b), he or she is to cause to be laid before each House of the Parliament a statement that:

(a) sets out the contents of the declaration; and

(b) sets out the Minister’s reasons for the declaration.

(7) A statement under subsection (6) is not to include:

(a) the name of the non-citizen; or

(b) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person.

(8) A statement under subsection (6) is to be laid before each House of the Parliament within 15 sitting days of that House after:

(a) if the declaration is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

(b) if the declaration is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

(9) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia.

(10) Section 43 and Subdivisions AA, AB, AC (other than section 68), AG, AH, C, D, E, F, FA, FB and H do not apply in relation to special purpose visas.