Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_34
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 54194–56079

34  After subsection 42(2)
Insert:

 (2A) Subsection (1) does not apply to a non‑citizen in relation to travel to Australia:
 (a) if the travel is by a New Zealand citizen who holds and produces a New Zealand passport that is in force; or
 (b) if the travel is by 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) if:
 (i) the non‑citizen is brought to the migration zone under subsection 245F(9) of this Act or 185(3A) of the Customs Act 1901; and
 (ii) the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen; or
 (d) if:
 (i) the non‑citizen has been removed under section 198 to another country but has been refused entry by that country; and
 (ii) the non‑citizen travels to Australia as a direct result of that refusal; and
 (iii) the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen; or
 (e) if:
 (i) the non‑citizen has been removed under section 198; and
 (ii) before the removal the High Court or the Federal Court had made an order in relation to the non‑citizen, or the Minister had given an undertaking to the High Court or the Federal Court in relation to the non‑citizen; and
 (iii) the non‑citizen's travel to Australia is required in order to give effect to the order or undertaking; and
 (iv) the Minister has made a declaration that this paragraph is to apply in relation to the non‑citizen's travel; and
 (v) the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen; or
 (f) if:
 (i) the travel is from Norfolk Island to Australia; and
 (ii) the Minister has made a declaration that this paragraph is to apply in relation to the non‑citizen's travel; and
 (iii) the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen.