Document ID: chunk:federal_register_of_legislation:F2024L00425:reg:5
Version: federal_register_of_legislation:F2024L00425
Segment Type: reg
Provision Reference: reg 5
Character Range: 897–2072

5  Provisions of Act declared not to apply to specified activity
 (1) For subsection 12D(2) of the Act, the following provisions of the Act do not apply in relation to an activity mentioned in subsection (2) or (3):
 (a) paragraphs 28(a) and (b);
 (b) paragraphs 29(a) and (b);
 (c) section 39.
 (2) An activity is the interception, boarding, control or movement, under Operation Sovereign Borders, of a vessel suspected of carrying an illegal maritime arrival as part of:
 (a) deciding whether to move the vessel to a place outside Australia; or
 (b) moving the vessel to a place outside Australia.
 (3) An activity is the control or movement at sea, under Operation Sovereign Borders, of a person suspected of being an illegal maritime arrival as part of:
 (a) deciding whether to move the person to a place outside Australia; or
 (b) moving the person to a place outside Australia; or
 (c) moving the person to or from a vessel in the course of paragraph (a) or (b).
 (4) However, the transfer or movement of a person suspected of being an illegal maritime arrival to an offshore regional processing centre is not part of an activity described in subsection (2) or (3).