Document ID: chunk:federal_register_of_legislation:C2023C00394:clause:5_5la
Version: federal_register_of_legislation:C2023C00394
Segment Type: clause
Provision Reference: sch 5 cl 5LA
Character Range: 166598–167629

5LA  Effective protection measures
 (1) For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
 (a) protection against persecution could be provided to the person by:
 (i) the relevant State; or
 (ii) a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and
 (b) the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
 (2) A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
 (a) the person can access the protection; and
 (b) the protection is durable; and
 (c) in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.