Document ID: chunk:federal_register_of_legislation:C2004A00888:clause:1_494aa
Version: federal_register_of_legislation:C2004A00888
Segment Type: clause
Provision Reference: sch 1 cl 494AA
Character Range: 5430–6768

494AA  Bar on certain legal proceedings relating to offshore entry persons

 (1) The following proceedings against the Commonwealth may not be instituted or continued in any court:
 (a) proceedings relating to an offshore entry by an offshore entry person;
 (b) proceedings relating to the status of an offshore entry person as an unlawful non‑citizen during any part of the ineligibility period;
 (c) proceedings relating to the lawfulness of the detention of an offshore entry person during the ineligibility period, being a detention based on the status of the person as an unlawful non‑citizen;
 (d) proceedings relating to the exercise of powers under section 198A.

 (2) This section has effect despite anything else in this Act or any other law.

 (3) Nothing in this section is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

 (4) In this section:

Commonwealth includes:
 (a) an officer of the Commonwealth; and
 (b) any other person acting on behalf of the Commonwealth.

ineligibility period means the period from the time of the offshore entry until the time when the person next ceases to be an unlawful non‑citizen.

offshore entry means an entry into Australia that occurs:
 (a) at an excised offshore place; and
 (b) after the excision time for the offshore place concerned.