Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p10
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 22918–25734

substituting "would become an illegal entrant if the person were to enter Australia (whether or not the person is seeking to enter Australia)";

    (b)    by inserting in subsections (1) and (2) "or until the person is granted an entry permit" before "or until";

    (c)     by omitting from paragraph (3) (c) "of the Commonwealth or of and substituting "in force in the Commonwealth or in";

    (d)     by omitting subsection (8) and substituting the following subsection:

     "(8) A person who is taken ashore under subsection (1), (2) or (3):

         (a)     is taken not to enter Australia unless he or she is granted an entry permit; and

         (b)     if he or she is granted an entry permit—is taken to enter Australia when the entry permit is granted.".

Custody of prohibited entrant during stay of aircraft in Australia

  19. Section 89 of the Principal Act is amended:

    (a)     by omitting from subsections (1) and (2) "to be seeking to enter Australia in circumstances in which the person would become an illegal entrant" and substituting "would become an illegal entrant if the person were to enter Australia (whether or not the person is seeking to enter Australia)";

    (b)    by omitting from subsections (1), (2) and (3) all the words after "removed from Australia" and substituting "or the person is granted an entry permit";

  (c)     by inserting after subsection (7) the following subsections:

     "(7a) Subsection (7) does not apply to the master, owner, agent or charterer of the aircraft unless a notice was served on

     the master, owner, agent or charterer in accordance with subsection (4).

     "(7b) A person who is taken into custody under subsection (1), (2) or (3) may be kept in custody until the person is removed from Australia in accordance with arrangements made by an authorised officer.

     "(7c) Failure to give a notice in accordance with subsection (4):

        (a)     does not prevent the person concerned from being kept in custody as mentioned in subsection (7b); and

        (b)     does not prevent the person concerned from being removed from Australia as mentioned in subsection (7b).";

    (c) by omitting subsection (8) and substituting the following subsections:

     "(8) A person who is taken into or held in custody under this section:

        (a)     is taken not to enter Australia unless he or she is granted an entry permit; and

      (b)     if the person is granted an entry permit:

             (i) if the entry permit is granted while the person is at a proclaimed airport—he or she is taken to enter Australia when he or she first leaves the airport after the entry permit is granted; and

             (ii) if the entry permit is granted after the person has been taken from a proclaimed airport—he or she is taken to