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).
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