Document ID: chunk:federal_register_of_legislation:C2004A04952:body:0:p3
Version: federal_register_of_legislation:C2004A04952
Segment Type: other
Provision Reference: 
Character Range: 5043–7801

(1) include:

    (a) requiring the vessel to travel to a port; and

    (b) requiring the person to remain on the vessel until it arrives at the port.".

Custody of certain persons arriving on board vessels

9. Section 36 of the Principal Act is amended:

    (a) by omitting from subsection (1) "A person who" and substituting "Subject to subsection (1AA), a person who";

    (b) by omitting from subsection (1A) "Where a person" and substituting "Subject to subsection (1AA), where a person";

    (c) by inserting after subsection (1A) the following subsections:

   "(1AA) If a person is taken into custody under subsection (1) or (1A) and the vessel referred to in the subsection concerned:

       (a) is destroyed before leaving Australia or for any other reason will not, or is unlikely to, leave Australia; or

       (b) both:

          (i) was not the vessel on board which the person last left another country prior to the person's arrival at the port referred to in that subsection; and

          (ii) arrived at that port with the person on board without having entered any other country since last leaving a port (whether or not the same port) in Australia;

the person may be kept in custody under that subsection until:

(c) the person is granted an entry permit; or

(d) the end of such period as is necessary to remove the person from Australia after:

          (i) the person asks the Minister, in writing, to be removed from Australia; or

          (ii) all applications by the person to remain in Australia have been refused and any associated appeals or reviews have been finalised; or

          (iii) all consideration of whether the person will be permitted to remain in Australia has been otherwise concluded; or

(e) such earlier time as an authorised officer directs.

   "(1AB) For the purposes of subsections (1) and (1A), a person is taken not to have entered Australia before arriving at a port on board a vessel if:

       (a) every entry into Australia by the person before that arrival consists of the person temporarily disembarking from the vessel (other than at a port); and

       (b) after the temporary disembarkation, the person re boards the vessel and later arrives at the port on board the vessel.".

Amendments to apply despite repeal of section 88

10. It is the intention of the Parliament that, despite the repeal of section 88 of the Principal Act by the Migration Reform Act 1992 before this Act receives the Royal Assent, the amendments made by section 9 of this Act are to have effect from 1 November 1989 until the repeal of section 88.

Transitional—renumbering of Migration Act by

Migration Legislation Amendment Act 1989

Effect on section 35 of the Migration Legislation Amendment Act 1989