Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p36
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 88953–91730

period.

"(3) A person in a prescribed class is not required to comply with section 54HM.

Section 54HM not usually apply

  "54HP. If:

   (a)     a person goes outside the migration zone; and

     (b)     under section 26ZU is not taken to leave Australia (fishermen and others);

the person is not, on re-entering the migration zone, taken to enter Australia for the purposes of section 54HM but may be directed by a clearance officer to comply with that section.

Certain persons to give evidence of identity

"54HQ. A person, whether a citizen or a non-citizen, who travels, or appears to intend to travel, on an overseas vessel from a port to another port may be required by a clearance officer at either port or by officers at both ports:

    (a)     to show the officer prescribed evidence of the person's identity; and

    (b)     give the officer any information required to be given by this Act or the regulations.

Assistance with evidence

  "54HR. If a person:

  (a)     cannot comply with section 54HM by showing evidence; and

    (b)     requests the Department to assist him or her to obtain that evidence;

that assistance may be given but only on payment of, or agreement to pay, a prescribed fee to meet the cost of doing so.

Immigration clearance

  "54HS.(1) A person is immigration cleared if, and only if:

  (a) the person:

       (i) enters Australia at a port; and

      (ii) complies with section 54HM; and

         (iii) leaves the port at which the person complied and so leaves with the permission of a clearance officer and otherwise than in immigration detention; or

  (b) the person:

       (i) enters Australia otherwise than at a port; and

      (ii) complies with section 54HM; and

         (iii) leaves the prescribed place at which the person complied and so leaves with the permission of a clearance officer and otherwise than in immigration detention.

  "(2) A person is in immigration clearance if the person:

    (a)     is with an officer to whom the person has gone for the purpose of complying with section 54HM; and

    (b)     has not been refused immigration clearance while with that officer.

"(3) A person is refused immigration clearance if the person complied with section 54HM and, on complying:

   (a) the person had his or her visa cancelled and:

       (i) did not make an application for another visa; or

      (ii) had an application for another visa refused; or

         (iii) made a valid application for another visa that, in the opinion of an officer, was one that it was impossible or impracticable to decide immediately; or

  (b) the person did not have a visa and:

       (i) did not make an application for a visa; or

      (ii) had an application for a visa refused; or

         (iii)