Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198ahc:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198AHC (pt 1/2)
Character Range: 563780–566696

198AHC  Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals
 (1) For the purposes of subsection 198AD(2), it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival.
 (2) To avoid doubt:
 (a) an officer's duty to take, as soon as reasonably practicable, an unauthorised maritime arrival from Australia to a regional processing country under subsection 198AD(2) arises irrespective of whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the unauthorised maritime arrival; and
 (b) the fact that the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival is irrelevant to whether or not the taking of the unauthorised maritime arrival from Australia to a regional processing country is reasonably practicable for the purposes of subsection 198AD(2).
 (3) Subsection (1) applies whether a request is made by:
 (a) the unauthorised maritime arrival; or
 (b) an officer of the Department; or
 (c) any other person.
 (4) Subsection (1) applies whether or not a request has been drawn to the Minister's attention.

Temporary suspension of duty to transfer unauthorised maritime arrivals
 (5) Despite subsection (1), if the Minister decides to consider whether to exercise a Ministerial intervention power (whether on request or otherwise) in relation to an unauthorised maritime arrival, subsection 198AD(2) does not require or authorise an officer to take the unauthorised maritime arrival from Australia to a regional processing country during the period covered by subsection (6).
Note: Despite this subsection, an unauthorised maritime arrival who asks the Minister, in writing, to be taken from Australia to a regional processing country must be taken to that country (see subsection (10)).

Period during which duty to transfer is suspended
 (6) For the purposes of subsection (5), the period is 6 months starting on the day (the start day) the Minister decides to consider whether to exercise the Ministerial intervention power in relation to the unauthorised maritime arrival, unless:
 (a) before the end of that 6 month period, the unauthorised maritime arrival has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or
 (b) the period ends earlier under subsection (7).
 (7) For the purposes of paragraph (6)(b), the period ends at the earliest of the following times:
 (a) the end of the day the Minister decides not to exercise the power in relation to the unauthorised maritime arrival;
 (b) the end of the day the Minister decides to stop considering