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IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 10

Application of Migration Act 1958 to relevant passengers
10. (1) Notwithstanding sub-section 9 (7), at any time after a permit has been
granted to a person under sub-section 9 (4) and before the person departs from
Australia, an entry permit may, at the request, or with the consent, of the
person, be granted, under the Migration Act 1958, to the person authorizing
him to enter and remain in Australia, whether for a specified period only or
otherwise, and, upon the grant of the entry permit, that Act applies to and in
relation to the person as if he had entered Australia immediately after the
grant of the entry permit.

(2) At any time after a permit has been granted to a person under sub-
section 9 (4) and before an entry permit is granted to the person or the
person departs from Australia, the Minister may, in his absolute discretion,
by instrument under his hand, direct that, on and after a day specified in the
instrument (in sub-section (3) referred to as the "specified day"), the
Migration Act 1958 shall apply to and in relation to the person.

(3) Where the Minister gives a direction under sub-section (2) in respect of a
person, the person shall be deemed, for the purposes of the Migration Act 
1958 , to have entered Australia on the specified day and to have become, by
virtue of sub-section 6 (1) of that Act, a prohibited immigrant on that day by
reason of his not having been the holder of an entry permit when he entered
Australia.

(4) Where the Minister gives a direction under sub-section (2) in respect of a
person, the Minister shall cause a copy of the direction to be given to the
person and a copy of the direction to be served on the master of the vessel on
which the person was brought to Australia, as soon as practicable after he
gives the direction, but failure to comply with this sub-section shall not be
taken to affect the operation of the direction.

(5) Where an entry permit is granted, under the Migration Act 1958, in respect
of a person who is the holder of a permit granted under sub-section 9 (4), the
officer, within the meaning of that Act, who granted the entry permit shall
cause notice of the grant of the entry permit to be served on the master of
the vessel on which the person was brought to Australia as soon as practicable
after the grant of the entry permit.

(6) Sections 27 and 28 of the Migration Act 1958 do not apply to or in
relation to the entry of a person into Australia by virtue of sub-section (3).


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