(1) This Subdivision applies to a non-citizen at a particular time if:
(a) the non-citizen is in Australia at that time; and
(b) at that time, the non-citizen is covered by:
(i) the CPA; or
(ii) an agreement, relating to persons seeking asylum, between Australia and a country that is, or countries that include a country that is, at that time, a safe third country in relation to the non-citizen (see section 91D); and
(c) the non-citizen is not excluded by the regulations from the application of this Subdivision.
(2) To avoid doubt, a country does not need to be prescribed as a safe third country at the time that the agreement referred to in subparagraph (1)(b)(ii) is made.