Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p6
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 12932–15706

(a) or (b); or

    (b)     an entry visa granted subject to a condition set out in paragraph 23 (4) (a) or (b).".

Circumstances in which entry permits may be granted to statutory visitors after entry into Australia

13. Section 53 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph:

     "(b) the Minister has determined, in writing, that the statutory visitor is a refugee.".

  14. After Division 4 of Part 2 the following Division is inserted:

"Division 4a—Unprocessed persons

Processing areas

"54a. The Minister may, by notice published in the Gazette, nominate areas to which unprocessed persons may be taken for the purposes of section 54b.

Unprocessed persons

  "54b. (1) If:

    (a)     an authorised officer reasonably supposes that a person would, on entry to Australia, become an illegal entrant; and

    (b)     in the authorised officer's opinion, it is impracticable or inconvenient to decide immediately whether or not to grant the person an entry permit (whether or not the person has applied for an entry permit);

the following provisions have effect:

  (c)     the person becomes an unprocessed person;

    (d)     at the direction of an authorised officer, the person may be removed:

         (i) from the vessel on which the person travelled to Australia; or

          (ii) if the person has disembarked at a proclaimed airport but has not left the airport—from the airport;

    (e) at the direction of an authorised officer, the person may be taken to a processing area.

  "(2) The unprocessed person:

     (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 he or she first leaves the processing area after being granted the permit.

"(3) Within 7 days after an unprocessed person is taken to a processing area, an authorised officer may cause a written notice to be served on the master, owner, agent or charterer of the vessel on which the unprocessed person travelled to Australia to the effect that, if the unprocessed person becomes a prohibited person, the master, owner, agent and charterer of the vessel:

     (a)     may be required under subsection 54f (2) of this Act to remove the person from Australia at no cost to the Commonwealth, whether or not the person is able or willing to pay, or agrees to pay, a charge for his or her removal from Australia; and

     (b)     may be liable under section 54e of this Act to pay to the Commonwealth:

       (i) the cost of transporting the person and a custodian of

         the person to a processing area, or from one processing area to another; and

         (ii) the daily maintenance amount for