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

9   Subsection 198AH(1)

Repeal the subsection, substitute:

(1) Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if, the person is covered by subsection (1A) or (1B).

(1A) A transitory person is covered by this subsection if:

(a) the person is an unauthorised maritime arrival who is brought to Australia from a regional processing country under section 198B for a temporary purpose; and

(b) the person is detained under section 189; and

(c) the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved).

(1B) A transitory person (a transitory child ) is covered by this subsection if:

(a) a transitory person covered by subsection (1A) gives birth to the transitory child while in Australia; and

(b) the transitory child is detained under section 189; and

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