Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198ad:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198AD (pt 2/3)
Character Range: 552847–555595

the officer must comply with the direction.
 (7) The duty under subsection (5) may only be performed by the Minister personally.

 (8) The only condition for the performance of the duty under subsection (5) is that the Minister thinks that it is in the public interest to direct the officer to take an unauthorised maritime arrival, or a class of unauthorised maritime arrivals, under subsection (2) to the regional processing country specified by the Minister in the direction.
 (9) The rules of natural justice do not apply to the performance of the duty under subsection (5).
 (10) A direction under subsection (5) is not a legislative instrument.

Not in immigration detention
 (11) An unauthorised maritime arrival who is being dealt with under subsection (3) is taken not to be in immigration detention (as defined in subsection 5(1)).

No civil liability for taking to regional processing country
 (11A) No civil liability is incurred by an officer, the Minister or the Commonwealth in relation to any act or thing done, or omitted to be done, by the officer or the Minister in good faith and in the exercise of the officer's or Minister's powers, or the performance of the officer's or Minister's functions or duties, under this section.
 (11B) No civil liability is incurred by an officer, an officer of the Commonwealth (including the Minister) or the Commonwealth in relation to any act or thing done, or omitted to be done:
 (a) by the officer or officer of the Commonwealth in good faith and:
 (i) in the exercise of the officer's or the officer of the Commonwealth's powers; or
 (ii) in the performance of the officer's or the officer of the Commonwealth's functions or duties; or
 (b) by a regional processing country or another foreign country; or
 (c) by any person in a regional processing country or another foreign country;
in relation to the acceptance or receipt by a regional processing country or another foreign country, or ongoing presence in a regional processing country or another foreign country, of an unauthorised maritime arrival taken to a regional processing country under this section (the applicable country), including any act or thing done or omitted to be done:
 (d) under or in relation to an arrangement (within the meaning of section 198AHA) mentioned in subsection 198AHA(1) that is in relation to the regional processing functions (within the meaning of section 198AHA) of the applicable country; or
 (e) in relation to the regional processing functions (within the meaning of section 198AHA) of the applicable country; or
 (f) under or in relation to a third country reception arrangement (within the meaning of section 198AHB); or
 (g) in relation to the third country reception functions (within the