Document ID: chunk:federal_register_of_legislation:C2007A00073:clause:1_13
Version: federal_register_of_legislation:C2007A00073
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 9260–10125

13  After subsection 229(5)
Insert:

 (5A) It is a defence to a prosecution for an offence against subsection (1A) in relation to the bringing of a non‑citizen into Australia on an aircraft if it is established that:
 (a) the non‑citizen was, when he or she boarded or last boarded the aircraft for travel to Australia, in possession of evidence of another class of visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:
 (i) did not appear to have been cancelled; and
 (ii) was expressed to continue in effect until, or at least until, the date of the non‑citizen's expected entry into Australia; or
 (b) the aircraft entered Australia from overseas only because of:
 (i) the illness of a person on board the aircraft; or
 (ii) stress of weather; or
 (iii) other circumstances beyond the control of the master.