Document ID: chunk:federal_register_of_legislation:C2012A00113:clause:1_198ad
Version: federal_register_of_legislation:C2012A00113
Segment Type: clause
Provision Reference: sch 1 cl 198AD
Character Range: 9079–11682

198AD  Taking offshore entry persons to a regional processing country
 (1) Subject to sections 198AE, 198AF and 198AG, this section applies to an offshore entry person who is detained under section 189.
Note: For when this section applies to a transitory person, see section 198AH.
 (2) An officer must, as soon as reasonably practicable, take an offshore entry person to whom this section applies from Australia to a regional processing country.

Powers of an officer
 (3) For the purposes of subsection (2) and without limiting that subsection, an officer may do any or all of the following things within or outside Australia:
 (a) place the offshore entry person on a vehicle or vessel;
 (b) restrain the offshore entry person on a vehicle or vessel;
 (c) remove the offshore entry person from:
 (i) the place at which the person is detained; or
 (ii) a vehicle or vessel;
 (d) use such force as is necessary and reasonable.
 (4) If, in the course of taking an offshore entry person to a regional processing country, an officer considers that it is necessary to return the person to Australia:
 (a) subsection (3) applies until the person is returned to Australia; and
 (b) section 42 does not apply in relation to the person's return to Australia.

Ministerial direction
 (5) If there are 2 or more regional processing countries, the Minister must, in writing, direct an officer to take an offshore entry person, or a class of offshore entry persons, under subsection (2) to the regional processing country specified by the Minister in the direction.
 (6) If the Minister gives an officer a direction under subsection (5), the officer must comply with the direction.
 (7) The duty under subsection (5) may only be performed by the Minister personally.

 (8) The only condition for the performance of the duty under subsection (5) is that the Minister thinks that it is in the public interest to direct the officer to take an offshore entry person, or a class of offshore entry persons, under subsection (2) to the regional processing country specified by the Minister in the direction.
 (9) The rules of natural justice do not apply to the performance of the duty under subsection (5).
 (10) A direction under subsection (5) is not a legislative instrument.

Not in immigration detention
 (11) An offshore entry person who is being dealt with under subsection (3) is taken not to be in immigration detention (as defined in subsection 5(1)).

Meaning of officer
 (12) In this section, officer means an officer within the meaning of section 5, and includes a member of the Australian Defence Force.