Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 3

Interpretation
3. (1) In this Act, unless the contrary intention appears-



"appointed airport" means an airport appointed under section 15 of the
Customs Act 1901;



"Australian waters" means the territorial sea of Australia and the waters on
the landward side of the territorial sea of Australia, whether or not waters
of the sea and whether or not waters within the limits of a State or of an
internal Territory;



"authorized officer", in relation to the exercise of any power or the
performance of any duty or function under this Act, means an officer
authorized by the Minister to exercise that power or perform that duty or
function;



"master", in relation to a vessel, includes a person having command or charge
of the vessel;



"officer" means a person who is-

   (a)  an officer of the Department of Immigration and Ethnic Affairs;

   (b)  an officer for the purposes of the Customs Act 1901;

   (c)  a member of the Australian Federal Police;

   (d)  a member of the Police Force of a State or Territory; or

   (e)  a member of the Defence Force;



"relevant person" means any person other than a person who-

   (a)  is an Australian citizen;

   (b)  is the holder of a visa or return endorsement in force under the
        Migration Act 1958; or

   (c)  is exempted, under paragraph 11C (1) (b) of that Act, from the
        requirements of Division 1A of Part II of that Act;



"ship" means a vessel used in navigation other than air navigation and
includes a barge, lighter or like vessel;



"vessel" means an aircraft or ship;



"voyage" includes a flight.

(2) Where an aircraft lands in Australia upon the termination of a flight, or
while engaged in a flight, that commenced outside Australia, each of the
persons on board the aircraft (including the master and members of the crew of
the aircraft) shall, for the purposes of this Act, be taken to have been
brought to Australia on the aircraft.

(3) Sub-section (2) applies to a person who is on board an aircraft when it
lands in Australia whether or not he disembarks from the aircraft in
Australia.

(4) Where a ship enters Australian waters while engaged in a voyage that
commenced outside Australia, each of the persons on board the ship (including
the master and members of the crew of the ship) shall, for the purposes of
this Act, be taken to have been brought to Australia on the ship.

(5) Sub-section (4) applies to a person who is on board a ship when it enters
Australian waters whether or not he disembarks from the ship in Australia.
(6) Without limiting the meaning of the expression "member of the crew of a
ship" in this Act, a person who has travelled to Australia on a ship shall be
deemed to have been a member of the crew of the ship on the voyage of the ship
to Australia if, during the voyage, he ordinarily performed duties of a kind
ordinarily performed by the crew of a ship, whether or not he was formally
engaged to serve on the ship.

(7) In this Act, a reference to a voyage from one place to another place shall
be read as including a reference to a voyage starting and finishing at the
same place. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback