Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:6_9
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 6 cl 9
Character Range: 178609–179650

9  Subsection 198AH(1)
Repeal the subsection, substitute:
 (1) Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if, the person is covered by subsection (1A) or (1B).
 (1A) A transitory person is covered by this subsection if:
 (a) the person is an unauthorised maritime arrival who is brought to Australia from a regional processing country under section 198B for a temporary purpose; and
 (b) the person is detained under section 189; and
 (c) the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved).
 (1B) A transitory person (a transitory child) is covered by this subsection if:
 (a) a transitory person covered by subsection (1A) gives birth to the transitory child while in Australia; and
 (b) the transitory child is detained under section 189; and
 (c) the transitory child is a transitory person because of paragraph (e) of the definition of transitory person in subsection 5(1).

Part 2—Application of amendments