Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_164b:p2
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 164B (pt 2/2)
Character Range: 50490–51345

To avoid doubt, an enforcement visa is granted by force of this section.

Note: No administrative action under this Act is necessary to grant the visa.

Exception if Minister's declaration in force

 (6) Despite subsections (1), (2), (3) and (4), a non‑citizen is not granted an enforcement visa if a declaration under subsection (7) is in force in relation to:
 (a) the non‑citizen; or
 (b) a class of persons of which the non‑citizen is a member.

Declaration

 (7) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia.

Section does not apply to Australian residents

 (8) This section does not apply to non‑citizens who are Australian residents as defined in the Fisheries Management Act 1991.