Document ID: chunk:federal_register_of_legislation:C2019A00003:clause:6_198c:p1
Version: federal_register_of_legislation:C2019A00003
Segment Type: clause
Provision Reference: sch 6 cl 198C (pt 1/2)
Character Range: 12938–15772

198C  Transfer of legacy minors, relevant transitory persons and family members for medical treatment

Transfer of legacy minors
 (1) If the Minister approves the transfer of a legacy minor to Australia under section 198D, an officer must, as soon as practicable, bring the legacy minor to Australia for the temporary purpose of medical or psychiatric assessment or treatment.
Note: For legacy minor, see subsection 198D(1).

Transfer of relevant transitory persons
 (2) If the Minister approves the transfer of a relevant transitory person to Australia under section 198E or 198F, an officer must, as soon as practicable, bring the person to Australia for the temporary purpose of medical or psychiatric assessment or treatment.
Note: For relevant transitory person, see subsection 198E(2).

Transfer of family unit etc.
 (3) If an officer knows or reasonably suspects that a transitory person in a regional processing country is a member of the same family unit as another transitory person (the relevant transferee) who is being brought to or is in Australia for a temporary purpose, and the Minister has approved the transitory person's transfer under section 198G, the officer must, for the temporary purpose referred to in paragraph 198B(4)(b), bring the transitory person to Australia at the same time as, or as soon as practicable after, the relevant transferee.
 (4) If an officer knows or reasonably suspects that a transitory person in a regional processing country has been recommended by a treating doctor to accompany another transitory person (the relevant transferee) who is being brought to or is in Australia for a temporary purpose, and the Minister has approved the person's transfer under section 198G, the officer must, for the temporary purpose referred to in paragraph 198B(4)(b), bring the transitory person to Australia at the same time as, or as soon as practicable after, the relevant transferee.
 (5) If an officer knows or reasonably suspects that a transitory person in a regional processing country is a member of the same family unit as a minor who is in Australia, and the Minister has approved the person's transfer under section 198G, the officer must, for a temporary purpose, bring the transitory person to Australia.

Miscellaneous
 (6) Nothing in this section shall affect the operation of section 198B.
 (7) An officer must not bring a person to Australia from a regional processing country in accordance with subsection (1), (3), (4) or (5) while the person does not consent to being brought to Australia.
Note: Any transitory person who is brought to Australia for a temporary purpose must be kept in immigration detention whilst in Australia. That immigration detention must continue until the time of removal from Australia or until the Minister determines that immigration detention is no