Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p18
Version: federal_register_of_legislation:C2004A04736
Segment Type: other
Provision Reference: 
Character Range: 44360–47443

of the Principal Act is amended:

  (a) by inserting in subsection (1) ", this section" after "(4)";

    (b) by omitting from subparagraph (1)(a)(ii) "any visas" and substituting "a visa that is in effect and is";

  (c) by adding at the end the following subsection:

    "(3) A person is taken to have complied with subparagraph (1)(a)(i) if a clearance officer knows or reasonably believes that the person is an Australian citizen.".

Immigration clearance

  52. Section 54HS of the Principal Act is amended:

    (a) by adding at the end of subsection (1) the following word and paragraph:

          "; or (c) the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa.";

    (b) by omitting from paragraph (2)(a) "to whom the person has gone for the purpose of complying with" and substituting "for the purposes of";

  (c) by omitting from paragraph (2)(b) "while with that officer";

  (d) by omitting subsection (3) and substituting the following subsection:

      "(3) A person is refused immigration clearance if the person:

       (a) is with a clearance officer for the purposes of section 54HM; and

      (b) either:

          (i) has his or her visa cancelled; or

          (ii) refuses, or is unable, to:

                (A) show a clearance officer evidence required under paragraph 54HM(1)(a); or

                (B) give a clearance officer information required under paragraph 54HM(1)(b).";

     (e) by inserting in subsection (4) ", other than a person who is refused immigration clearance," after "A person".

Non-compliance with immigration clearance basis of detention

  53. Section 54X of the Principal Act is amended:

    (a) by omitting subparagraph (b)(i) and substituting the following subparagraph:

          "(i) bypassed, attempted to bypass, or appeared to attempt to bypass, immigration clearance;";

    (b) by omitting from subparagraphs (b)(ii) and (iii) "that section" and substituting "section 54HM".

End of certain detention

  54. Section 54Y of the Principal Act is amended:

  (a) by omitting "he or she";

  (b) by inserting in paragraph (a) "the person" before "gives";

  (c) by inserting after paragraph (a) the following paragraph:

          "(aa) an officer knows or reasonably believes that the person is an Australian citizen; or";

  (d) by inserting in paragraph (b) "the person" before "complies".

Repeal of section and substitution of new section

55. Section 54ZA of the Principal Act is repealed and the following section is substituted:

Sections do not apply

  "54ZA.(1) Sections 54ZB and 54ZC do not apply to a person:

  (a) detained under subsection 54W(1):

      (i) on being refused immigration clearance; or

      (ii) after bypassing immigration clearance; or

      (iii) after being prevented from leaving a vessel under section 87; or

  (b) detained under subsection 54W(1) who:

      (i) has entered Australia after 30 August 1994; and

      (ii) has not been immigration cleared since last entering ; or

  (c) detained