Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p8
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 8/21)
Character Range: 58386–61071

(iv) in relation to a non‑citizen who is prevented, under section 249, from leaving a vessel—on that vessel; or
 (v) in another place approved by the Minister in writing;
but does not include being restrained as described in subsection 245F(8A), or being dealt with under paragraph 245F(9)(b).
Note 1: Subsection 198AD(11) provides that being dealt with under subsection 198AD(3) does not amount to immigration detention.
Note 2: This definition extends to persons covered by residence determinations (see section 197AC).
incapable person means a person who is incapable of understanding the general nature and effect of, and purposes of, a requirement to provide a personal identifier.
independent person means a person (other than an officer or an authorised officer) who:
 (a) is capable of representing the interests of a non‑citizen who is providing, or is to provide, a personal identifier; and
 (b) as far as practicable, is acceptable to the non‑citizen who is providing, or is to provide, the personal identifier; and
 (c) if the non‑citizen is a minor—is capable of representing the minor's best interests.
inhabitant of the Protected Zone means a person who is a citizen of Papua New Guinea and who is a traditional inhabitant.
in immigration clearance has the meaning given by subsection 172(2).
inspector has the meaning given by section 140V.
installation means:
 (a) a resources installation; or
 (b) a sea installation.
lawful non‑citizen has the meaning given by section 13.
lawyer means:
 (a) a barrister; or
 (b) a solicitor; or
 (c) a barrister and solicitor; or
 (d) a legal practitioner;
of the High Court or of the Supreme Court of a State or Territory.
leave Australia, in relation to a person, means, subject to section 80 (leaving without going to other country), leave the migration zone.
Note: See also section 9A, which concerns offshore resources activities.
maritime crew visa has the meaning given by section 38B.
maritime officer has the same meaning as in the Maritime Powers Act 2013.
master, in relation to a vessel, means the person in charge or command of the vessel.
member of the crew means:
 (a) in relation to a vessel other than an aircraft—the master of the vessel, or a person whose name is on the articles of the vessel as a member of the crew; or
 (b) in relation to an aircraft—the master of the aircraft, or a person employed by the operator of the aircraft and whose name is included in a list of members of the crew of the aircraft furnished by the master as prescribed.
member of the family unit of a person has the meaning given by the regulations made for the purposes of this definition.
member of the same family unit: one person