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MIGRATION ACT 1958 - SECT 38B

Maritime crew visas

  (1)   There is a class of temporary visas to travel to and enter Australia by sea, and to remain in Australia, to be known as maritime crew visas.

  (2)   Subject to subsection   43(1B), a maritime crew visa held by a non - citizen does not grant the non - citizen permission to travel to or enter Australia by air.

Note:   However, a non - citizen might also hold another class of visa that allows the non - citizen to travel to and enter Australia by air.

  (3)   The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia, or remain in Australia.

  (4)   If the Minister makes a declaration under subsection   (3) in relation to a person, or a class of persons of which a person is a member, a maritime crew visa held by that person ceases to be in effect:

  (a)   if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect--at the time so specified; or

  (b)   if the Minister does not specify such a time in the declaration--at the end of the day on which the declaration is made.

Note:   A maritime crew visa can also cease to be in effect under other sections (see for example section   82).

  (5)   If the Minister revokes a declaration made under subsection   (4), the Minister is taken never to have made the declaration.

Note:   Under subsection   33(3) of the Acts Interpretation Act 1901 , the Minister may revoke a declaration made under subsection   (4).

  (6)   Despite subsection   (5), any detention of the non - citizen that occurred during any part of the period:

  (a)   beginning when the Minister made the declaration; and

  (b)   ending at the time of the revocation of the declaration;

is lawful and the non - citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.


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