Document ID: chunk:federal_register_of_legislation:C2004A01174:clause:1_1
Version: federal_register_of_legislation:C2004A01174
Segment Type: clause
Provision Reference: sch 1 cl 1
Character Range: 2043–3408

1  At the end of section 196
Add:

 (4) Subject to paragraphs (1)(a), (b) and (c), if the person is detained as a result of the cancellation of his or her visa under section 501, the detention is to continue unless a court finally determines that the detention is unlawful, or that the person detained is not an unlawful non‑citizen.

 (4A) Subject to paragraphs (1)(a), (b) and (c), if the person is detained pending his or her deportation under section 200, the detention is to continue unless a court finally determines that the detention is unlawful.

 (5) To avoid doubt, subsection (4) or (4A) applies:
 (a) whether or not there is a real likelihood of the person detained being removed from Australia under section 198 or 199, or deported under section 200, in the reasonably foreseeable future; and
 (b) whether or not a visa decision relating to the person detained is, or may be, unlawful.

 (5A) Subsections (4) and (4A) do not affect by implication the continuation of the detention of a person to whom those subsections do not apply.

 (6) This section has effect despite any other law.

 (7) In this section:

visa decision means a decision relating to a visa (including a decision not to grant the visa, to cancel the visa or not to reinstate the visa).

Note: The heading to section 196 is altered by omitting "Period" and substituting "Duration".