Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p35
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 86437–89195

54HN(3) and (4) and sections 54HO and 54HP, a person, whether a citizen or a non-citizen, who enters Australia must, without unreasonable delay:

  (a) show a clearance officer:

         (i) if the person is a citizen (whether or not the person is also the national of a country other than Australia), the person's Australian passport or prescribed other evidence of the person's identity and Australian citizenship; and

         (ii) if the person is a non-citizen, evidence of the person's identity and of any visas held by the person; and

    (b) give the clearance officer any information required to be given by this Act or the regulations.

"(2) Subject to section 54HN, a person is to comply with paragraphs (1)(a) and (b) in a prescribed way.

When and where evidence to be given

"54HN.(1) Subject to this section, a person required to comply with section 54HM who enters Australia at a port must comply:

  (a)     if paragraph (b) or (c) does not apply—at that port; or

    (b)     if the person is required by an officer to comply at a particular on-port—at that on-port; or

    (c)     if the person is allowed by an officer to comply at the port or a particular on-port—at either of them.

"(2) Subject to subsection (4), a person required to comply with section 54HM who enters Australia otherwise than at a port must comply at a prescribed place within a prescribed period after entering.

  "(3) If:

  (a)     a person proposes to enter Australia; and

    (b)     with the permission of a clearance officer, complies with paragraphs 54HM(1)(a) and (b) on the vessel on which the person travels to Australia and before entering Australia;

the person is taken to have complied with section 54HM.

  "(4) A person who travels to Australia on a pre-cleared flight:

    (a)     must comply with paragraphs 54HM(1)(a) and (b) before beginning the flight; and

    (b)     if he or she so complies, is taken to have complied with section 54HM.

Section 54HM not to apply

"54HO.(1) An allowed inhabitant of the Protected Zone who enters a protected area in connection with the performance of traditional activities is not required to comply with section 54HM.

  "(2) If an allowed inhabitant of the Protected Zone:

     (a)     enters a protected area in connection with the performance of traditional activities; and

     (b)     goes from the protected area to a part of the migration zone outside that area;

he or she must comply with section 54HM at a prescribed place within a prescribed period.

"(3) A person in a prescribed class is not required to comply with section 54HM.

Section 54HM not usually apply

  "54HP. If:

   (a)     a person goes outside the migration zone; and

     (b)     under section 26ZU is not taken to