Document ID: chunk:federal_register_of_legislation:C2004A00888:clause:1_198a
Version: federal_register_of_legislation:C2004A00888
Segment Type: clause
Provision Reference: sch 1 cl 198A
Character Range: 3974–5399

198A  Offshore entry person may be taken to a declared country

 (1) An officer may take an offshore entry person from Australia to a country in respect of which a declaration is in force under subsection (3).

 (2) The power under subsection (1) includes the power to do any of the following things within or outside Australia:
 (a) place the person on a vehicle or vessel;
 (b) restrain the person on a vehicle or vessel;
 (c) remove the person from a vehicle or vessel;
 (d) use such force as is necessary and reasonable.

 (3) The Minister may:
 (a) declare in writing that a specified country:
 (i) provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and
 (ii) provides protection for persons seeking asylum, pending determination of their refugee status; and
 (iii) provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and
 (iv) meets relevant human rights standards in providing that protection; and
 (b) in writing, revoke a declaration made under paragraph (a).

 (4) An offshore entry person who is being dealt with under this section is taken not to be in immigration detention (as defined in subsection 5(1)).

 (5) In this section, officer means an officer within the meaning of section 5, and includes a member of the Australian Defence Force.