Border Protection Legislation Amendment Act 1999 (160 of 1999)

Schedule 1   Migration Act 1958

Part 4   Miscellaneous amendments

49   At the end of section 232

Add:

(2) It is a defence to a prosecution for an offence against subsection (1) in relation to the entry of a non-citizen to Australia on a vessel if it is established:

(a) that the non-citizen was, when he or she boarded or last boarded the vessel for travel to Australia, in possession of evidence of a visa that was in effect and that permitted him or her to travel to and enter Australia, being a visa that:

(i) did not appear to have been cancelled; and

(ii) was expressed to continue in effect until, or at least until, the date of the non-citizen's expected entry into Australia; or

(b) that the master of the vessel had reasonable grounds for believing that, when the non-citizen boarded or last boarded the vessel for travelling to and entering Australia, the non-citizen:

(i) was eligible for a special category visa; or

(ii) was the holder of a special purpose visa; or

(iii) would, when entering Australia, be the holder of a special purpose visa; or

(iv) was the holder of an enforcement visa; or

(v) would, when entering Australia, be the holder of an enforcement visa; or

(c) that the vessel entered Australia from overseas only because of:

(i) the illness of a person on board the vessel; or

(ii) stress of weather; or

(iii) other circumstances beyond the control of the master.