Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198ahc:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198AHC (pt 2/2)
Character Range: 566471–568849

at the earliest of the following times:
 (a) the end of the day the Minister decides not to exercise the power in relation to the unauthorised maritime arrival;
 (b) the end of the day the Minister decides to stop considering whether to exercise the power in relation to the unauthorised maritime arrival;
 (c) if the Minister exercises the power in relation to the unauthorised maritime arrival, and subsection (8) specifies a day—the end of that day;
 (d) if the Minister exercises the power in relation to the unauthorised maritime arrival but the exercise does not result in the unauthorised maritime arrival being able to make a visa application—the end of the day that the Minister exercises the power.
 (8) For the purposes of paragraph (7)(c), this subsection specifies the following days:
 (a) in a case where, as a consequence of the exercise of the Ministerial intervention power, the unauthorised maritime arrival may make a visa application within a specified period—the last day of the period in which the unauthorised maritime arrival could make the visa application;
 (b) in any other case where, as a consequence of the exercise of the power, the unauthorised maritime arrival may make a visa application—whichever of the following days occurs first:
 (i) the last day of the period determined by the Minister in which the unauthorised maritime arrival could make the visa application;
 (ii) the day that is 3 months after the Minister exercises the power.

Scope of suspension of duty to transfer unauthorised maritime arrival
 (9) To avoid doubt, subsection (5) of this section:
 (a) prevents an unauthorised maritime arrival being taken from Australia to a regional processing country during the period covered by subsection (6); but
 (b) does not prevent any other action being taken, or thing being done, during that period to facilitate or otherwise prepare for the unauthorised maritime arrival being taken from Australia to a regional processing country after the period ends.

Unauthorised maritime arrival may request transfer to regional processing country
 (10) Despite subsection (5), if an unauthorised maritime arrival to whom section 198AD applies asks the Minister, in writing, to be taken from Australia to a regional processing country under section 198AD, the unauthorised maritime arrival must be taken, under that section, to that country.