Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p41
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 101705–104666

has been refused and finally determined;

      (ii) the application cannot be approved;

      (iii) the visa cannot be granted; and

    (d) the non-citizen has not made another valid application for a substantive visa.

Dependants of removed non-citizens

  "54ZG.(1) If:

    (a)     an officer removes, or is about to remove, an unlawful non-citizen; and

    (b)     the spouse of that non-citizen requests an officer to also be removed from Australia;

an officer may remove the spouse as soon as reasonably practicable.

  "(2) If:

    (a)     an officer removes, or is about to remove an unlawful non-citizen; and

    (b)     the spouse of that non-citizen requests an officer to also be removed from Australia with a dependent child or children of that non-citizen;

an officer may remove the spouse and dependent child or children as soon as reasonably practicable.

  "(3) If:

    (a)     an officer removes, or is about to remove, an unlawful non-citizen; and

    (b)     that non-citizen requests an officer to remove a dependent child or children of the non-citizen from Australia;

an officer may remove the dependent child or children as soon as reasonably practicable.".

14. Before section 55 of the Principal Act the following section is inserted in Division 5 of Part 2:

Deportation of certain non-citizens

"55A. The Minister may order the deportation of a non-citizen to whom this Division applies.".

Deportation order to be executed

  15. Section 63 of the Principal Act is amended:

    (a)     by omitting from subsection (1) ", after considering the prescribed matters and no other matters,";

  (b)    by omitting subsection (3).

16. Sections 64, 65 and 66 of the Principal Act are repealed and the following heading and sections are substituted:

"Division 5A—Costs etc. of detention, removal and deportation

Interpretation

  "64. In this Division:

'carrier', in relation to an unlawful non-citizen, means a controller of the vessel on which the non-citizen was last brought to Australia;

'controller', in relation to a vessel, means the master, owner, agent or charterer of the vessel;

'costs' means:

  (a) in relation to a non-citizen's detention:

         (i) the cost to the Commonwealth of transporting the non-citizen and a custodian of the non-citizen between a place where the non-citizen is detained and:

             (A)    another place where the non-citizen is to be detained; or

             (B)     a place from which the non-citizen is to be removed or deported; or

             (C)     a place at which the non-citizen is to be released from detention (whether or not the person is to be arrested, or taken into custody, under another law); or

          (ii) the daily maintenance amount for each day of the non-citizen's detention; or

    (b) in relation to a non-citizen's removal or deportation, the fares and other costs to the Commonwealth of transporting the non-citizen and a custodian of