Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p11
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 25507–28344

to enter Australia when he or she first leaves the airport after the entry permit is granted; and

             (ii) if the entry permit is granted after the person has been taken from a proclaimed airport—he or she is taken to enter Australia when the entry permit is granted.

     "(8a) An officer may, without warrant, arrest a person who has escaped from custody in which the person was being held under this section and return the person to custody.".

20. After section 89 of the Principal Act the following section is inserted:

Transfer of person in custody under section 88 or 89 to a processing area

  "89a. A person taken into custody under section 88 or 89:

  (a)    may be taken to a processing area; and

    (b)    if he or she is taken to a processing area, Division 4a of Part 2 applies to the person as if he or she had:

       (i) become an unprocessed person upon being taken to the processing area; and

      (ii) been taken to the processing area under section 54b; and

     (c) if he or she is taken to a processing area—the person is taken to have ceased to be in custody under section 88 or 89, as the case may be.".

Internal review of certain decisions

  21. Section 115 of the Principal Act is amended:

     (a) by omitting subsections (3) and (4) and substituting the following subsection:

     "(3) The regulations must not provide a period during which an application for review of a reviewable decision may be made that is longer than:

         (a)     if the applicant is physically present in Australia—28 days; or

         (b)     if the applicant is not physically present in Australia— 70 days.";

     (b) by omitting paragraph (5) (b) and substituting the following paragraph:

      "(b) substitute for the reviewed decision:

             (i) the decision sought by the applicant in the primary application; or

              (ii) another decision in terms to which the applicant agrees.";

     (c) by omitting paragraph (6) (b) and substituting the following paragraph:

      "(b) substitute for the reviewed decision:

             (i) the decision sought by the applicant in the primary application; or

              (ii) another decision in terms to which the applicant agrees.".

Applications for review by Tribunal

22. Section 116 of the Principal Act is amended by omitting subsections (3) and (4) and substituting the following subsection:

"(3) The regulations must not provide a period during which an application for review of a reviewable decision may be made that is longer than:

   (a)     if the applicant is physically present in Australia—28 days; or

   (b)     if the applicant is not physically present in Australia—70 days.".

Non-reviewable decisions

  23. Section 120 of the Principal Act is amended:

    (a) by inserting in paragraph (1) (a) "(other than