Section 165 — Grant of Special Category visa
Text of provision
In this Division: clearance authority means:
(a) a clearance officer; or
(b) an authorised system. clearance officer means an officer, or other person, authorised by the Minister to perform duties for the purposes of this Division. eligible passport means a passport of a kind specified in a determination under section 175A. on-port, in relation to a person, means a port in Australia to which the person will travel after entering Australia at another port. overseas vessel means:
(a) a vessel on which persons travel from outside Australia to a port and then to an on-port or ports; or
(b) a vessel on which persons travel from a port to another port or ports and then to a place outside Australia.
Plain English
Section 165 provides that the Minister must grant a Special Category visa to a New Zealand citizen who presents a New Zealand passport on arrival in Australia and satisfies the character and health requirements applicable to the visa. The grant is made at the border without a separate application in most cases. Persons who do not pass the character test may be refused or granted a different visa.
Practical effect
The automatic grant at the border means most New Zealand citizens are unaware of holding a specific visa class. The practical significance arises when a NZ citizen has a criminal record that may affect the character test, when they wish to apply for permanent residence, or when they are the subject of a deportation or removal decision. New Zealand citizens with serious criminal records can be detained, denied entry, or deported under the Migration Act in the same way as other non-citizens.