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MIGRATION ACT 1958 - SECT 494AA

Bar on certain legal proceedings relating to unauthorised maritime arrivals

             (1)  The following proceedings against the Commonwealth may not be instituted or continued in any court:

                     (a)  proceedings relating to an unauthorised entry by an unauthorised maritime arrival;

                     (b)  proceedings relating to the status of an unauthorised maritime arrival as an unlawful non-citizen during any part of the ineligibility period;

                     (c)  proceedings relating to the lawfulness of the detention of an unauthorised maritime arrival during the ineligibility period, being a detention based on the status of the unauthorised maritime arrival as an unlawful non-citizen;

                     (d)  proceedings relating to the exercise of powers under repealed section 198A;

                     (e)  proceedings relating to the performance or exercise of a function, duty or power under Subdivision B of Division 8 of Part 2 in relation to an unauthorised maritime arrival.

             (2)  This section has effect despite anything else in this Act or any other law.

             (3)  Nothing in this section is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

             (4)  In this section:

"Commonwealth " includes:

                     (a)  an officer of the Commonwealth; and

                     (b)  any other person acting on behalf of the Commonwealth.

"ineligibility period " means the period from the time of the unauthorised entry until the time when the person next ceases to be an unlawful non-citizen.

"unauthorised entry " means an entry into Australia that occurs:

                     (a)  at an excised offshore place after the excision time for that place; or

                     (b)  at any other place on or after the commencement of section 5AA.



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