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MIGRATION ACT 1958 - SECT 5AA

Meaning of unauthorised maritime arrival

             (1)  For the purposes of this Act, a person is an unauthorised maritime arrival if:

                     (a)  the person entered Australia by sea:

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

                             (ii)  at any other place at any time on or after the commencement of this section; and

                     (b)  the person became an unlawful non-citizen because of that entry; and

                     (c)  the person is not an excluded maritime arrival.

          (1A)  For the purposes of this Act, a person is also an unauthorised maritime arrival if:

                     (a)  the person is born in the migration zone; and

                     (b)  a parent of the person is, at the time of the person's birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

                     (c)  the person is not an Australian citizen at the time of birth.

Note 1:       For who is a parent of a person, see the definition in subsection 5(1) and section 5CA.

Note 2:       A parent of the person may be an unauthorised maritime arrival even if the parent holds, or has held, a visa.

Note 3:       A person to whom this subsection applies is an unauthorised maritime arrival even if the person is taken to have been granted a visa because of section 78 (which deals with the birth in Australia of non-citizens).

Note 4:       For when a person is an Australian citizen at the time of his or her birth, see section 12 of the Australian Citizenship Act 2007 .

Note 5:       This subsection applies even if the person was born before the commencement of the subsection. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 .

       (1AA)  For the purposes of this Act, a person is also an unauthorised maritime arrival if:

                     (a)  the person is born in a regional processing country; and

                     (b)  a parent of the person is, at the time of the person's birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

                     (c)  the person is not an Australian citizen at the time of his or her birth.

Note 1:       A parent of the person may be an unauthorised maritime arrival even if the parent holds, or has held, a visa.

Note 2:       This Act may apply as mentioned in subsection (1AA) even if either or both parents of the person holds a visa, or is an Australian citizen or a citizen of the regional processing country, at the time of the person's birth.

Note 3:       This subsection applies even if the person was born before the commencement of the subsection. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 .

Entered Australia by sea

             (2)  A person entered Australia by sea if:

                     (a)  the person entered the migration zone except on an aircraft that landed in the migration zone; or

                     (b)  the person entered the migration zone as a result of being found on a ship detained under section 245F (as in force before the commencement of section 69 of the Maritime Powers Act 2013 ) and being dealt with under paragraph 245F(9)(a) (as in force before that commencement); or

                   (ba)  the person entered the migration zone as a result of the exercise of powers under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 ; or

                     (c)  the person entered the migration zone after being rescued at sea.

Excluded maritime arrival

             (3)  A person is an excluded maritime arrival if the person:

                     (a)  is a New Zealand citizen who holds and produces a New Zealand passport that is in force; or

                     (b)  is a non-citizen who:

                              (i)  holds and produces a passport that is in force; and

                             (ii)  is ordinarily resident on Norfolk Island; or

                     (c)  is included in a prescribed class of persons.

Definitions

             (4)  In this section:

"aircraft " has the same meaning as in section 245A.

"ship " has the meaning given by section 245A (as in force before the commencement of section 69 of the Maritime Powers Act 2013 ).

Note:          An unauthorised maritime arrival who has been taken to a place outside Australia may also be a transitory person: see the definition of transitory person in subsection 5(1).



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