Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p46
Version: federal_register_of_legislation:C2004A04475
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on a vessel that has arrived in Australia; and

    (b)     that person's name is not on a list of persons on the vessel given under subsection (1);

the person is taken, for the purposes of section 77, to have been concealed on the vessel when it arrived.".

Offences in relation to work

  18. Section 83 of the Principal Act is amended:

    (a) by omitting subsections (1) and (2) and substituting the following subsections:

      "(1) If:

         (a)     the temporary visa held by a non-citizen is subject to a prescribed condition restricting the work that the non-citizen may do in Australia; and

       (b)     the non-citizen contravenes that condition;

     the non-citizen commits an offence against this section.

     "(1A) For the purposes of subsection (1), a condition restricts the work that a non-citizen may do if, but not only if, it prohibits the non-citizen doing:

       (a)     any work; or

       (b)     work other than specified work; or

       (c) specified work.

     "(2) An unlawful non-citizen who performs work in Australia whether for reward or otherwise commits an offence against this subsection.";

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

      "(3) If:

        (a)     there is a criminal justice certificate or a criminal justice stay warrant about a non-citizen; and

        (b)     the person does any work within the meaning of subsection 54HG(2), in Australia, whether for reward or otherwise;

     then without limiting the operation of any other provision of this Act, the person commits an offence against this subsection.

  (c)     by omitting subsections (4), (6) and (7);

    (d)    by omitting from subsection (8) "temporary entry permit" and substituting "visa".

19. Section 88 of the Principal Act is repealed and the following section is substituted:

Detention of suspected offenders

  "88.(1) In this section:

'suspect' means a non-citizen who:

  (a)     travelled, or was brought, to the migration zone; and

    (b)     is believed by an authorised officer on reasonable grounds to have been on board a vessel (not being an aircraft) when it was used in connection with the commission of an offence against a law in force in the whole or any part of Australia.

"(2) For the purposes of section 54W, an officer has a suspicion described in that section about a person if, but not only if, the person is a suspect.

"(3) A non-citizen detained because of subsection (2) may be kept in immigration detention for:

  (a) such period as is required for:

         (i) the making of a decision whether to prosecute the suspect in connection with the offence concerned; or

      (ii) instituting such a prosecution; and

    (b) if such a prosecution is instituted within that period—such further period as is required for the purposes of the prosecution.

"(4) Without limiting the generality of paragraph