Commonwealth Numbered Acts

IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 19

19. (1) Where-

   (a)  the master of an aircraft to which this Act applies has claimed that
        an unforeseen emergency rendered it necessary for the aircraft to be
        landed in Australia in order to secure the safety of the aircraft, of
        its cargo or of human life; and

   (b)  the Minister is satisfied that the circumstances giving rise to the
        emergency have ceased to exist, the Minister may, by notice in writing
        served on the master of the aircraft, require the master to cause the
        aircraft to leave Australia within the period specified in the notice.

(2) Where-

   (a)  the master of a ship to which this Act applies has claimed that-

        (i)    an unforeseen emergency rendered it necessary for the ship to
               be brought into Australian waters in order to secure the safety
               of the ship, of its cargo or of human life; or

        (ii)   an unforeseen emergency occurred while the ship was passing
               through the territorial sea of Australia in the exercise of the
               right of innocent passage in the course of a voyage from a
               place in a country other than Australia to another place in a
               country other than Australia; and

   (b)  the Minister is satisfied that the circumstances giving rise to the
        emergency have ceased to exist, the Minister may, by notice in writing
        served on the master of the ship, require the master to cause the ship
        to leave Australian waters within the period specified in the notice.

(3) Where the Minister is satisfied that it is not reasonably practicable for
the aircraft to leave Australia or the ship to leave Australian waters, as the
case requires, within the period specified in the notice served on the master
under sub-section (1) or (2), the Minister may, by a further notice in writing
served on the master, vary that first-mentioned notice by extending the period
within which the aircraft is to leave Australia or the ship is to leave
Australian waters, as the case requires.

(4) Where the master of a vessel fails to comply with a notice under sub-
section (1) or (2) that has been served on him, he is guilty of an offence
against this sub-section punishable, upon conviction, by a fine not exceeding
$100,000 or imprisonment for a period not exceeding 10 years, or both.

(5) References in sub-sections (3) and (4) to a notice under sub-section (1)
or (2) shall be read as including references to a notice under sub-section (1)
or (2), as the case requires, as varied by a notice or notices under
sub-section (3).