Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 38B

             (1)  There is a class of temporary visas to travel to and enter Australia by sea, and to remain in Australia, to be known as maritime crew visas.

             (2)  Subject to subsection 43(1B), a maritime crew visa held by a non‑citizen does not grant the non‑citizen permission to travel to or enter Australia by air.

Note:          However, a non‑citizen might also hold another class of visa that allows the non‑citizen to travel to and enter Australia by air.

             (3)  The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia, or remain in Australia.

             (4)  If the Minister makes a declaration under subsection (3) in relation to a person, or a class of persons of which a person is a member, a maritime crew visa held by that person ceases to be in effect:

                     (a)  if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect--at the time so specified; or

                     (b)  if the Minister does not specify such a time in the declaration--at the end of the day on which the declaration is made.

Note:          A maritime crew visa can also cease to be in effect under other sections (see for example section 82).

             (5)  If the Minister revokes a declaration made under subsection (4), the Minister is taken never to have made the declaration.

Note:          Under subsection 33(3) of the Acts Interpretation Act 1901 , the Minister may revoke a declaration made under subsection (4).

             (6)  Despite subsection (5), any detention of the non‑citizen that occurred during any part of the period:

                     (a)  beginning when the Minister made the declaration; and

                     (b)  ending at the time of the revocation of the declaration;

is lawful and the non‑citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.