Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 43

             (1)  Subject to subsections (1A) and (3) and the regulations, a visa to travel to and enter Australia that is in effect is permission for the holder to enter Australia:

                     (a)  at a port; or

                     (b)  on a pre‑cleared flight; or

                     (c)  if the holder travels to Australia on a vessel and the health or safety of a person or a prescribed reason, make it necessary to enter in another way, that way; or

                     (d)  in a way authorised in writing by an authorised officer.

          (1A)  Subject to the regulations, a maritime crew visa that is in effect is permission for the holder to enter Australia:

                     (a)  at a proclaimed port; or

                     (b)  if the health or safety of a person, or a prescribed reason, make it necessary to enter Australia in another way, that way; or

                     (c)  in a way authorised by an authorised officer.

          (1B)  Despite subsections 38B(1) and (2):

                     (a)  the holder of a maritime crew visa may enter Australia as mentioned in paragraph (1A)(b) by air; and

                     (b)  the authorised officer may, for the purposes of paragraph (1A)(c), authorise the holder to enter Australia by air.

             (2)  For the purposes of subsection (1), a holder who travels to and enters Australia on an aircraft is taken to have entered Australia when that aircraft lands.

             (3)  This section does not apply to:

                     (a)  the holder of an enforcement visa; or

                     (b)  an Australian resident entering Australia on a foreign boat as a result of a fisheries officer:

                              (i)  making a requirement of the boat's master under subparagraph 84(1)(k)(ii) or paragraph 84(1)(l) of the Fisheries Management Act 1991 or paragraph 42(1)(g) of the Torres Strait Fisheries Act 1984 ; or

                             (ii)  exercising his or her power under paragraph 84(1)(m) of the Fisheries Management Act 1991 or paragraph 42(1)(h) of the Torres Strait Fisheries Act 1984 in relation to the boat;

                            because a fisheries officer had reasonable grounds to believe that the boat was used, or was intended to be used, in the commission of a fisheries detention offence; or

                     (c)  an Australian resident entering Australia on a vessel (environment matters) as a result of an environment officer, or the person in command of a Commonwealth ship or a Commonwealth aircraft:

                              (i)  exercising his or her power under paragraph 403(3)(a) of the Environment Protection and Biodiversity Conservation Act 1999 in relation to the vessel; or

                             (ii)  making a requirement of the person in charge of the vessel under paragraph 403(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999 ;

                            because the environment officer, or person in command, had reasonable grounds to suspect that the vessel had been used or otherwise involved in the commission of an environment detention offence.

Note:          Subsection 33(10) also disapplies this section.

             (4)  In subsection (3):

"Australian resident" has the same meaning as in the Fisheries Management Act 1991 .

"Commonwealth aircraft" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .

"Commonwealth ship" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .

"master" has the same meaning as in the Fisheries Management Act 1991 .

             (5)  The references in subsection (3) to subparagraph 84(1)(k)(ii) and paragraphs 84(1)(l) and (m) of the Fisheries Management Act 1991 are to those provisions:

                     (a)  as they apply of their own force; and

                     (b)  as they apply because of section 87 or 87HA of that Act.