Commonwealth Numbered Acts

MIGRATION AMENDMENT ACT 1991 No. 86, 1991 - SECT 19

19. Section 89 of the Principal Act is amended:

   (a)  by omitting from subsections (1) and (2) "to be seeking to enter
        Australia in circumstances in which the person would become an illegal
        entrant" and substituting "would become an illegal entrant if the
        person were to enter Australia (whether or not the person is seeking
        to enter Australia)";

   (b)  by omitting from subsections (1), (2) and (3) all the words after

"removed from Australia" and substituting "or the person is granted an entry
permit";

   (c)  by inserting after subsection (7) the following subsections:

"(7A) Subsection (7) does not apply to the master, owner, agent or charterer
of the aircraft unless a notice was served on the master, owner, agent or
charterer in accordance with subsection (4).

"(7B) A person who is taken into custody under subsection (1), (2) or (3) may
be kept in custody until the person is removed from Australia in accordance
with arrangements made by an authorised officer.

"(7C) Failure to give a notice in accordance with subsection (4):

   (a)  does not prevent the person concerned from being kept in custody as
        mentioned in subsection (7B); and

   (b)  does not prevent the person concerned from being removed from
        Australia as mentioned in subsection (7B).";

   (c)  by omitting subsection (8) and substituting the following subsections:

"(8) A person who is taken into or held in custody under this section:

   (a)  is taken not to enter Australia unless he or she is granted an entry
        permit; and

   (b)  if the person is granted an entry permit:

   (i)  if the entry permit is granted while the person is at a proclaimed
        airport - he or she is taken to enter Australia when he or she first
        leaves the airport after the entry permit is granted; and

   (ii) if the entry permit is granted after the person has been taken from a
        proclaimed airport - he or she is taken to enter Australia when the
        entry permit is granted.

"(8A) An officer may, without warrant, arrest a person who has escaped from
custody in which the person was being held under this section and return the
person to custody.".