Document ID: chunk:federal_register_of_legislation:C2013A00035:clause:1_5aa
Version: federal_register_of_legislation:C2013A00035
Segment Type: clause
Provision Reference: sch 1 cl 5AA
Character Range: 5357–6753

5AA  Meaning of unauthorised maritime arrival
 (1) For the purposes of this Act, a person is an unauthorised maritime arrival if:
 (a) the person entered Australia by sea:
 (i) at an excised offshore place at any time after the excision time for that place; or
 (ii) at any other place at any time on or after the commencement of this section; and
 (b) the person became an unlawful non‑citizen because of that entry; and
 (c) the person is not an excluded maritime arrival.

Entered Australia by sea
 (2) A person entered Australia by sea if:
 (a) the person entered the migration zone except on an aircraft that landed in the migration zone; or
 (b) the person entered the migration zone as a result of being found on a ship detained under section 245F and being dealt with under paragraph 245F(9)(a); or
 (c) the person entered the migration zone after being rescued at sea.

Excluded maritime arrival
 (3) A person is an excluded maritime arrival if the person:
 (a) is a New Zealand citizen who holds and produces a New Zealand passport that is in force; or
 (b) is a non‑citizen who holds and produces a passport that is in force and is endorsed with an authority to reside indefinitely on Norfolk Island; or
 (c) is included in a prescribed class of persons.

Definitions
 (4) In this section:
aircraft has the same meaning as in section 245A.
ship has the meaning given by section 245A.