Document ID: chunk:federal_register_of_legislation:C2024A00107:clause:3_197e:p2
Version: federal_register_of_legislation:C2024A00107
Segment Type: clause
Provision Reference: sch 3 cl 197E (pt 2/2)
Character Range: 26593–28974

day the Minister decides to stop considering whether to exercise the power in relation to the non‑citizen;
 (c) if the Minister exercises the power in relation to the non‑citizen, and subsection (8) specifies a day—the end of that day;
 (d) if the Minister exercises the power in relation to the non‑citizen but the exercise does not result in the non‑citizen being able to make a visa application—the end of the day that the Minister exercises the power.
 (8) For the purposes of paragraph (7)(c), this subsection specifies the following days:
 (a) in a case where, as a consequence of the exercise of the Ministerial intervention power, the unlawful non‑citizen may make a visa application within a specified period—the last day of the period in which the non‑citizen could make the visa application;
 (b) in any other case where, as a consequence of the exercise of the power, the non‑citizen may make a visa application—whichever of the following days occurs first:
 (i) the last day of the period determined by the Minister in which the non‑citizen could make the visa application;
 (ii) the day that is 3 months after the Minister exercises the power.

Working out start day for certain requests
 (9) If the Minister decides to consider whether to exercise a Ministerial intervention power in relation to a particular category of requests for such exercise by unlawful non‑citizens, then, for the purposes of subsection (6), the start day, in relation to a particular unlawful non‑citizen, is the day that the non‑citizen's request is received, in writing, by the Minister.

Scope of suspension of duty to remove unlawful non‑citizen
 (10) To avoid doubt, subsection (5) of this section:
 (a) prevents the removal of an unlawful non‑citizen during the period covered by subsection (6); but
 (b) does not prevent any other action being taken, or thing being done, during that period to facilitate or otherwise prepare for the eventual removal of the non‑citizen after the period ends.
Example: The Minister could give the unlawful non‑citizen a removal pathway direction under section 199C during the period covered by subsection (6).

Unlawful non‑citizen must be removed at non‑citizen's request
 (11) Despite subsection (5), an officer is required and authorised to remove an unlawful non‑citizen who asks the Minister, in writing, to be so removed under subsection 198(1).