Document ID: chunk:federal_register_of_legislation:C2008A00068:clause:2_64b
Version: federal_register_of_legislation:C2008A00068
Segment Type: clause
Provision Reference: sch 2 cl 64B
Character Range: 7451–9921

64B  Traveller definitions

Travellers

 (1) For the purposes of this Act, a person is a traveller if:
 (a) the person has entered Australia while undertaking a voyage from another country; and
 (b) none of the following applies:
 (i) subject to subsection (2), the person has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958);
 (ii) the person has been detained under section 189 of that Act;
 (iii) the person has left Australia;
 (iv) the person is prescribed by the regulations.

Note: The regulations may prescribe the person by reference to a class of persons (see subsection 13(3) of the Legislative Instruments Act 2003).

 (2) Subparagraph (1)(b)(i) does not apply in relation to a person who has been immigration cleared (within the meaning of subsection 172(1) of the Migration Act 1958) if:
 (a) before the person was immigration cleared, the person was notified that he or she would be required to submit to the provision of a prescribed health measure as soon as practicable after being immigration cleared; and
 (b) the person submits to the provision of the prescribed health measure as soon as practicable after being immigration cleared; and
 (c) the provision of the prescribed health measure is not yet complete.

Temporary residence and permanent residence

 (3) For the purposes of the International Health Regulations and this Act, a traveller is seeking temporary residence or permanent residence in Australia unless:
 (a) the traveller is an Australian citizen under the Australian Citizenship Act 2007; or
 (b) the traveller is in Australia for transit purposes only; or
 (c) the traveller is prescribed by the regulations.

Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003).

 (4) For the purposes of paragraph (3)(b), a traveller is in Australia for transit purposes only if the traveller:
 (a) is not required to comply with section 166 of the Migration Act 1958 (immigration clearance); and
 (b) holds:
 (i) a confirmed onward booking to leave Australia to travel to another country within 8 hours of arrival; and
 (ii) documentation necessary to enter the country of his or her destination; and
 (c) is not prescribed by the regulations.

Note: The regulations may prescribe the traveller by reference to a class of travellers (see subsection 13(3) of the Legislative Instruments Act 2003).