Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p37
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 91493–94288

one that it was impossible or impracticable to decide immediately; or

  (b) the person did not have a visa and:

       (i) did not make an application for a visa; or

      (ii) had an application for a visa refused; or

         (iii) made a valid application for a visa that, in the opinion of an officer, was one that it was impossible or impracticable to decide immediately.

  "(4) A person bypasses immigration clearance if:

  (a) the person:

       (i) enters Australia at a port; and

      (ii) is required to comply with section 54HM; and

         (iii) leaves that port without complying; or

  (b) the person:

       (i) enters Australia otherwise than at a port; and

      (ii) is required to comply with section 54HM; and

         (iii) does not comply within the prescribed period for doing so.

Visa ceases if holder enters in way not permitted

"54HT. If the holder of a visa enters Australia in a way that contravenes section 26J, the visa ceases to be in force.

Visa ceases if holder remains without immigration clearance

  "54HU. If the holder of a visa:

  (a)     is required to comply with section 54HM; and

  (b)     does not comply;

the visa ceases to be in force.

Departing person to give certain evidence etc.

"54HV. A clearance officer may require a person who is on board, or about to board, a vessel that is to leave Australia (whether or not after calling at places in Australia) to:

   (a) show the officer:

         (i) if the person is a citizen (whether or not the person is also the national of a country other than Australia), the person's Australian passport or prescribed other evidence of the person's identity and Australian citizenship; and

          (ii) if the person is a non-citizen, evidence of the person's identity and permission to remain in Australia; and

    (b) give any information required to be given by this Act or the regulations.".

13. After Division 4B of Part 2 of the Principal Act the following Divisions are inserted:

"Division 4C—Detention of unlawful non-citizens

Lawful non-citizen to give evidence of being so

"54V.(1) An officer may require a person who the officer knows or reasonably suspects is a non-citizen to show the officer evidence of being a lawful non-citizen.

"(2) The person must comply with the requirement within a period specified by the officer, being a prescribed period or such further period as the officer allows.

"(3) Regulations prescribing a period for compliance may prescribe different periods and the circumstances in which a particular prescribed period is to apply which may be:

  (a)     when the requirement is oral; or

  (b)     when the requirement is in writing.

Detention of unlawful non-citizens

"54W.(1) If an officer knows or reasonably suspects that a person