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.
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