Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_164ba:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 164BA (pt 2/2)
Character Range: 599670–601043

(environment matters) when an environment officer exercises under the Environment Protection and Biodiversity Conservation Act 1999 a prescribed power in prescribed circumstances in relation to the vessel or aircraft. The visa is granted at the time the power is exercised.

Note: The grant of an enforcement visa effectively cancels any temporary visa that the non‑citizen may have held (see subsection 82(2A)).

Enforcement visas granted by force of this section

 (5) To avoid doubt, an enforcement visa is granted by force of this section.

Note: No administrative action under this Act is necessary to grant the visa.

Exception if Minister's declaration in force

 (6) Despite subsections (1), (2), (3) and (4), a non‑citizen is not granted an enforcement visa if a declaration under subsection (7) is in force in relation to:
 (a) the non‑citizen; or
 (b) a class of persons of which the non‑citizen is a member.

Declaration

 (7) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia or remain in Australia.

Section does not apply to Australian residents

 (8) This section does not apply to non‑citizens who are Australian residents as defined in Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999.