Commonwealth Numbered Acts

IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 9

9. (1) This section applies to an aircraft to which this Act applies if, but
only if, the master of the aircraft has made, in respect of the landing of the
aircraft in Australia, a claim referred to in sub-section 18 (1) or 19 (1).

(2) This section applies to a ship to which this Act applies if, but only if,
the master of the ship has made, in respect of the bringing of the ship into
Australian waters or the passage of the ship throught the territorial sea of
Australia, a claim referred to in sub-section 18 (2) or 19 (2).

(3) In this section-



"relevant passenger" means-

   (a)  in relation to an aircraft, or to a vessel (being an aircraft), to
        which this section applies-a person who was on board the aircraft when
        it landed in Australia; and

   (b)  in relation to a ship, or to a vessel (being a ship), to which this
        section applies-a person who was on board the ship when it entered
        Australian waters, other than such a person-

   (c)  who is an Australian citizen;

   (d)  who is the holder of an entry permit in force under the Migration Act 
        1958 ; or

   (e)  who is, by virtue of section 8 of the Migration Act 1958, a person in
        relation to whose entry into Australia Division 1 of Part II of that
        Act does not apply;



"vessel to which this section applies" means an aircraft to which this section
applies or a ship to which this section applies.

(4) An authorized officer-

   (a)  may grant to a relevant passenger who is on board an aircraft to which
        this section applies at a place in Australia other than an
        appointed airport a permit to disembark from the aircraft;

   (b)  may grant to a relevant passenger who is at the appointed airport at
        which he disembarked from an aircraft to which this section applies a
        permit to leave the airport; and

   (c)  may grant to a relevant passenger who is on board a ship to which this
        section applies in Australian waters a permit to disembark from the
        ship.

(5) A permit under sub-section (4)-

   (a)  shall be in writing; and

   (b)  may provide that the permit is granted subject to conditions required
        to be complied with either before or after the holder disembarks from
        the aircraft or ship or leaves the appointed airport, as the case
        requires.

(6) An authorized officer may, in his discretion, specify in a permit granted
under sub-section (4) to a relevant passenger on a vessel to which
this section applies that it extends to the spouse or a child of the relevant
passenger who is also a relevant passenger on the vessel, and, if he does so,
then, for all purposes of this Act, that permit shall be deemed to have been
granted to that spouse or that child, as the case may be, as well as to the
first-mentioned relevant passenger and each of the persons to whom it is
granted or deemed to be granted shall be taken, for the purposes of this Act,
to be a holder of the permit.

(7) Where the holder of a permit granted under sub-section (4) disembarks from
an aircraft or ship, or leaves an appointed airport, in accordance with that
permit, then, for the purposes of the application of the Migration Act  1958
to and in relation to the person, the person shall be deemed not to have
entered Australia by reason of his having so disembarked or left that
appointed airport.