Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5aa:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5AA (pt 2/2)
Character Range: 93626–95443

if either or both parents of the person holds a visa, or is an Australian citizen or a citizen of the regional processing country, at the time of the person's birth.
Note 3: This subsection applies even if the person was born before the commencement of the subsection. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.

Entered Australia by sea
 (2) A person entered Australia by sea if:
 (a) the person entered the migration zone except on an aircraft that landed in the migration zone; or
 (b) the person entered the migration zone as a result of being found on a ship detained under section 245F (as in force before the commencement of section 69 of the Maritime Powers Act 2013) and being dealt with under paragraph 245F(9)(a) (as in force before that commencement); or
 (ba) the person entered the migration zone as a result of the exercise of powers under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013; or
 (c) the person entered the migration zone after being rescued at sea.

Excluded maritime arrival
 (3) A person is an excluded maritime arrival if the person:
 (a) is a New Zealand citizen who holds and produces a New Zealand passport that is in force; or
 (b) is a non‑citizen who:
 (i) holds and produces a passport that is in force; and
 (ii) is ordinarily resident on Norfolk Island; or
 (c) is included in a prescribed class of persons.

Definitions
 (4) In this section:
aircraft has the same meaning as in section 245A.
ship has the meaning given by section 245A (as in force before the commencement of section 69 of the Maritime Powers Act 2013).
Note: An unauthorised maritime arrival who has been taken to a place outside Australia may also be a transitory person: see the definition of transitory person in subsection 5(1).