Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 6   Unauthorised maritime arrivals and transitory persons: newborn children

Part 1   Amendments

Migration Act 1958

7   After subsection 198(1A)

Insert:

(1B) Subsection (1C) applies if:

(a) an unlawful non-citizen who is not an unauthorised maritime arrival has been brought to Australia under section 198B for a temporary purpose; and

(b) the non-citizen gives birth to a child while the non-citizen is in Australia; and

(c) the child is a transitory person within the meaning of paragraph (e) of the definition of transitory person in subsection 5(1).

(1C) An officer must remove the non-citizen and the child as soon as reasonably practicable after the non-citizen no longer needs to be in Australia for that purpose (whether or not that purpose has been achieved).

Removal of unlawful non-citizens in other circumstances