Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 1   Migration Act 1958

Part 4   Miscellaneous amendments

34   After subsection 42(2)

Insert:

(2A) Subsection (1) does not apply to a non-citizen in relation to travel to Australia:

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

(b) if the travel is by a non-citizen who holds and produces a passport that is in force and is endorsed with an authority to reside indefinitely on Norfolk Island; or

(c) if:

(i) the non-citizen is brought to the migration zone under subsection 245F(9) of this Act or 185(3A) of the Customs Act 1901; and

(ii) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen; or

(d) if:

(i) the non-citizen has been removed under section 198 to another country but has been refused entry by that country; and

(ii) the non-citizen travels to Australia as a direct result of that refusal; and

(iii) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen; or

(e) if:

(i) the non-citizen has been removed under section 198; and

(ii) before the removal the High Court or the Federal Court had made an order in relation to the non-citizen, or the Minister had given an undertaking to the High Court or the Federal Court in relation to the non-citizen; and

(iii) the non-citizen's travel to Australia is required in order to give effect to the order or undertaking; and

(iv) the Minister has made a declaration that this paragraph is to apply in relation to the non-citizen's travel; and

(v) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen; or

(f) if:

(i) the travel is from Norfolk Island to Australia; and

(ii) the Minister has made a declaration that this paragraph is to apply in relation to the non-citizen's travel; and

(iii) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen.