Document ID: chunk:federal_register_of_legislation:F2023L01706:clause:1_2
Version: federal_register_of_legislation:F2023L01706
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 2415–3245

2  After subregulation 2.07AQ(3)
Insert:
 (3A) The circumstance specified in this subregulation exists for a person if the Minister has issued a certificate stating that, by reason of the High Court's decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152:
 (a) if the person is in the migration zone:
 (i) the person has been released from immigration detention; or
 (ii) the person has not been taken into immigration detention; or
 (iii) the person, based on the information known to the Minister at the date of the certificate, will not be taken into immigration detention; or
 (b) otherwise—the Minister is satisfied, based on the information known to the Minister at the date of the certificate, that the person could not be detained under section 189 of the Act if the person were in the migration zone.