Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 42

  (1)   Subject to subsections   (2), (2A) and (3), a non - citizen must not travel to Australia without a visa that is in effect.

Note:   A maritime crew visa is generally permission to travel to Australia only by sea (see section   38B).

  (2)   Subsection   (1) does not apply to an allowed inhabitant of the Protected Zone travelling to a protected area in connection with traditional activities.

  (2A)   Subsection   (1) does not apply to a non - citizen in relation to travel to Australia:

  (a)   if the travel is by a New Zealand citizen who holds and produces a New Zealand passport that is in force; or

  (c)   if:

  (i)   the non - citizen is brought to the migration zone under subsection   245F(9) of this Act or under Division   7 or 8 of Part   3 of the Maritime Powers Act 2013 ; and

  (ii)   the non - citizen is a person who would, if in the migration zone, be an unlawful non - citizen; or

  (ca)   if the non - citizen is brought to Australia under section   198B; or

  (d)   if:

  (i)   an attempt to remove the non - citizen under section   198 to another country was made but the removal was not completed; and

  (ii)   the non - citizen travels to Australia as a direct result of the removal not being completed; and

  (iii)   the non - citizen is a person who would, if in the migration zone, be an unlawful non - citizen; or

  (da)   if:

  (i)   the non - citizen has been removed under section   198 to another country but the non - citizen does not enter the other country; and

  (ii)   the non - citizen travels to Australia as a direct result of not entering the other country; and

  (iii)   the non - citizen is a person who would, if in the migration zone, be an unlawful non - citizen; or

  (e)   if:

  (i)   the non - citizen has been removed under section   198; and

  (ii)   before the removal the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) had made an order in relation to the non - citizen, or the Minister had given an undertaking to the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division   2) in relation to the non - citizen; and

  (iii)   the non - citizen's travel to Australia is required in order to give effect to the order or undertaking; and

  (iv)   the Minister has made a declaration that this paragraph is to apply in relation to the non - citizen's travel; and

  (v)   the non - citizen is a person who would, if in the migration zone, be an unlawful non - citizen.

  (3)   The regulations may permit a specified non - citizen or a non - citizen in a specified class to travel to Australia without a visa that is in effect.

  (4)   Nothing in subsection   (2A) or (3) is to be taken to affect the non - citizen's status in the migration zone as an unlawful non - citizen.

Note:   Section   189 provides that an unlawful non - citizen in the migration zone must be detained.