Commonwealth Numbered Acts

IMMIGRATION (UNAUTHORIZED ARRIVALS) AMENDMENT ACT 1980 No. 176 of 1980 - SECT 3

3. Section 3 of the Principal Act is amended-

(a) by omitting from sub-section (1) the definitions of "appointed airport"
and "Australian waters" and substituting the following definitions:



"'appointed airport' means-

   (a)  an airport appointed under section 15 of the Customs Act 1901; or

   (b)  an airport in the Territory of Christmas Island appointed under
        sub-section 5 (1A) of the Migration Act 1958;



"'Australian waters' means-

   (a)  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; or

   (b)  the territorial sea of the Territory of Christmas Island and the
        waters on the landward side of the territorial sea of that Territory,
        whether or not waters of the sea and whether or not waters within the
        limits of that Territory;";

   (b)  by omitting from sub-section (1) the definition of "officer" and
        substituting the following definition:



"'officer' means-

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

   (b)  a person who is an officer for the purposes of the Customs Act  1901 ;

   (c)  a member of the Australian Federal Police or of the police force of a
        State or internal Territory;

   (d)  a member of the Defence Force; or

   (e)  any other person who is, or who is included in a class of persons who
        are, authorized by the Minister to exercise the powers of an officer
        under this Act;";

   (c)  by omitting from sub-section (2) "Where" and substituting "Subject to
        sub-section (3A), where";

   (d)  by inserting after sub-section (3) the following sub-section:



"(3A) Where an aircraft that lands at a place in Australia upon the
termination of a flight, or while engaged in a flight, that commenced outside
Australia has previously landed at a place, or at places, in Australia while
engaged in that flight, a person who is travelling on that flight (whether as
a passenger on the aircraft or as master or a member of the crew of the
aircraft) shall not be taken, by reason only that he is on board the aircraft
when it lands at that first-mentioned place, to have been brought to Australia
on the aircraft for the purposes of this Act unless he travelled on that
flight from the place at which that flight commenced or from some place
outside Australia at which the aircraft landed in the course of that flight.";

   (e)  by omitting from sub-section (4) "Where" and substituting "Subject to
        sub-section (5A), where"; and

   (f)  by inserting after sub-section (5) the following sub-section:



"(5A) Where a ship that enters Australian waters while engaged in a voyage
that commenced outside Australia has previously entered Australian waters
while engaged in that voyage, a person who is travelling on that voyage
(whether as a passenger on the ship or as master or a member of the crew of
the ship) shall not be taken, by reason only that he is on board the ship when
that first-mentioned entry occurs, to have been brought to Australia on the
ship for the purposes of this Act unless he travelled on that voyage from the
place at which the voyage commenced or from some other place outside
Australia.".