Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_49
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 58853–60194

49  At the end of section 232
Add:

 (2) It is a defence to a prosecution for an offence against subsection (1) in relation to the entry of a non‑citizen to Australia on a vessel if it is established:
 (a) that the non‑citizen was, when he or she boarded or last boarded the vessel for travel to Australia, in possession of evidence of a visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:
 (i) did not appear to have been cancelled; and
 (ii) was expressed to continue in effect until, or at least until, the date of the non‑citizen's expected entry into Australia; or
 (b) that the master of the vessel had reasonable grounds for believing that, when the non‑citizen boarded or last boarded the vessel for travelling to and entering Australia, the non‑citizen:
 (i) was eligible for a special category visa; or
 (ii) was the holder of a special purpose visa; or
 (iii) would, when entering Australia, be the holder of a special purpose visa; or
 (iv) was the holder of an enforcement visa; or
 (v) would, when entering Australia, be the holder of an enforcement visa; or
 (c) that the vessel entered Australia from overseas only because of:
 (i) the illness of a person on board the vessel; or
 (ii) stress of weather; or
 (iii) other circumstances beyond the control of the master.