Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p15
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 15/21)
Character Range: 75942–78543

traditional activities has the same meaning as in the Torres Strait Treaty.
traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.
transitory person means:
 (a) a person who was taken to another country under repealed section 198A; or
 (aa) a person who was taken to a regional processing country under section 198AD; or
 (b) a person who was taken to a place outside Australia under paragraph 245F(9)(b) of this Act, or under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013; or
 (c) a person who, while a non‑citizen and during the period from 27 August 2001 to 6 October 2001:
 (i) was transferred to the ship HMAS Manoora from the ship Aceng or the ship MV Tampa; and
 (ii) was then taken by HMAS Manoora to another country; and
 (iii) disembarked in that other country; or
 (d) the child of a transitory person mentioned in paragraph (aa) or (b), if:
 (i) the child was born in a regional processing country to which the parent was taken as mentioned in the relevant paragraph; and
 (ii) the child was not an Australian citizen at the time of birth; or
 (e) the child of a transitory person mentioned in paragraph (aa) or (b), if:
 (i) the child was born in the migration zone; and
 (ii) the child was not an Australian citizen at the time of birth.
Note 1: For who is a child, see section 5CA.
Note 2: A transitory person who entered Australia by sea before being taken to a place outside Australia may also be an unauthorised maritime arrival: see section 5AA.
Note 3: Paragraphs (d) and (e) apply no matter when the child was born, whether before, on or after the commencement of those paragraphs. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.
unauthorised maritime arrival has the meaning given by section 5AA.
unlawful non‑citizen has the meaning given by section 14.
vessel includes an aircraft or an installation.
vessel (environment matters) means a vessel, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
visa has the meaning given by section 29 and includes an old visa.
visa applicant means an applicant for a visa and, in relation to a visa, means the applicant for the visa.
visa application charge means the charge payable under section 45A.
visa application charge limit is the amount determined under the Migration (Visa Application) Charge Act 1997.
visa holder means the holder of a visa and, in relation to a visa, means the holder of the visa.
visa period, in relation to a visa, means the period:
 (a) beginning when the visa is