Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p47
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 117226–120067

connection with the offence concerned; or

      (ii) instituting such a prosecution; and

    (b) if such a prosecution is instituted within that period—such further period as is required for the purposes of the prosecution.

"(4) Without limiting the generality of paragraph (3)(b), the period that is required for the purposes of a prosecution includes any period required for:

  (a)     any proceedings in connection with the prosecution; and

    (b)    the serving of any custodial sentence imposed because of the prosecution; and

    (c)     the institution of, and any proceedings in connection with, any appeal from any decision in relation to the prosecution.

"(5) If the period for which a person may be kept in immigration detention under subsection (3) ends, he or she:

    (a)     must, unless he or she has become the holder of a visa to remain in Australia, be expeditiously removed from Australia under section 54ZF; and

    (b)     may, at the direction of an authorised officer, continue to be detained under section 54W until so removed.".

20. After section 100 of the Principal Act the following section is inserted in Division 8 of Part 2:

Disposal of dilapidated vessels etc.

  "100AA.(1) If a non-citizen who enters Australia:

    (a)     is required to comply with section 54HM (immigration clearance); and

  (b)     either:

       (i) does not comply; or

      (ii) on complying, is detained under section 54W;

the Secretary may, in writing, direct an officer to seize the vessel on which the non-citizen came to Australia.

  "(2) If:

  (a)     a vessel is seized under subsection (1); and

    (b)     the vessel has not been forfeited and condemned under section 100; and

    (c)     the vessel has not been ordered by a court to be delivered to a person or otherwise dealt with; and

    (d)     the Secretary is satisfied that the vessel is in such a poor condition that its custody or maintenance involves expense out of proportion to its value; and

    (e)     a person other than the Commonwealth does not meet, or make arrangements that the Secretary considers are satisfactory to meet, that expense;

the Secretary may in writing, direct an officer to sell, destroy or otherwise dispose of the vessel.

  "(3) The officer must comply with the direction.

"(4) The proceeds of a sale are to be applied firstly in payment of costs incurred by the Commonwealth in the custody or maintenance of the vessel and the balance is to be paid to the owner and any other persons with interests in the vessel before its sale.".

Proof of certain matters

  21. Section 111 of the Principal Act is amended:

    (a) by inserting after paragraph (a) of the definition of "migration proceedings" in subsection (4) the following paragraph:

           "(aa) proceedings in the Refugee Review Tribunal under