Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:6_11
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 6 cl 11
Character Range: 179937–181993

11  Retrospective application of Part 1 amendments
 The Part 1 amendments apply on and after the commencement day, and are taken to have applied before that day, subject to this Part, in relation to each of the following matters (an applicable matter):
 (a) the entry of a person into Australia at any time, whether before, on or after the commencement day (or that entry as it is taken to have occurred on birth under section 10 of the Migration Act 1958);
 (b) the status of a person as an unauthorised maritime arrival or a transitory person at any time:
 (i) whether before, on or after the commencement day; and
 (ii) whether the person is born before, on or after the commencement day;
 (c) the status of a person as an unlawful non‑citizen at any time, whether before, on or after the commencement day;
 (d) the detention of a person at any time, whether before, on or after the commencement day, and the performance or exercise of a function, duty or power in relation to such detention;
 (e) the performance or exercise of a function, duty or power in relation to a person under Division 8 of Part 2 of that Act at any time, whether before, on or after the commencement day;
 (f) an application for a visa by a person made at any time, whether before, on or after the commencement day, including the performance or exercise of a function, duty or power in relation to such an application.
Note 1: The Part 1 amendments provide for a person to be an unauthorised maritime arrival or a transitory person, in some circumstances, if a parent of the person is an unauthorised maritime arrival or a transitory person for the purposes of the Migration Act 1958.
Note 2: Division 8 of Part 2 of the Migration Act 1958 provides for:
(a) the removal of unlawful non‑citizens from Australia to a place outside Australia (Subdivision A); and
(b) the taking of unauthorised maritime arrivals from Australia to a regional processing country (Subdivision B); and
(c) transitory persons to be brought to Australia from a place outside Australia (Subdivision C).