Document ID: chunk:federal_register_of_legislation:C2018C00156:section:31
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 31
Character Range: 41980–43508

31  Application of Migration Act etc.
 (1) Where a person has been:
 (a) disembarked in Australia under paragraph 1 of Article 8 of the Tokyo Convention; or
 (b) delivered to a person in Australia under paragraph 1 of Article 9 of that Convention; or
 (c) taken into custody in Australia under subsection 33(1) of this Act or subsection 8(2) of the Civil Aviation (Offenders on International Aircraft) Act 1970 in respect of an act mentioned in paragraph 1 of Article 11 of that Convention;
and Australia is entitled, under that Convention, to exercise, in relation to the person, the powers of a State of landing under paragraph 1 of Article 14, the person may be deported under the Migration Act 1958 or the Immigration Act 1980 of Norfolk Island, as the case may be.
 (2) Nobody is liable to be prosecuted for an offence under the Migration Act 1958, or under the Immigration Act 1980 of Norfolk Island, that is committed solely as a result of anyone having been:
 (a) disembarked in Australia under paragraph 1 of Article 8 of the Tokyo Convention; or
 (b) delivered to a person in Australia under paragraph 1 of Article 9 of that Convention; or
 (c) taken into custody in Australia under subsection 33(1) of this Act or subsection 8(2) of the Civil Aviation (Offenders on International Aircraft) Act 1970 in respect of an act mentioned in paragraph 1 of Article 11 of that Convention.
 (3) This section extends to anything done before the commencing day.

Part 4—Restoring control of aircraft and dealing with offenders