(a) a certificate of exemption in force under the Immigration Act 1901-1949 immediately before the date of commencement of this Part shall, for all purposes of this Act, be deemed to be a temporary visa granted under this Act to the person specified in the certificate and authorizing that person to remain in Australia for a period ending on the date on which the certificate would have expired if this Act had not been passed.

would, apart from this section, have an invalid application; but

also has at least one valid application;

it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.

apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or

the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.

one or more particular persons, things, matters, places, circumstances or cases; or

one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.

invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power.

valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.

this Act would result in an acquisition of property; and

any provision of this Act would not be valid, apart from this section, because a particular person has not been compensated;

the Commonwealth must pay that person:

a reasonable amount of compensation agreed on between the person and the Commonwealth; or

failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

who has been approved under section 140E as a family sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and

whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class.

approved form, when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision.

approved sponsor means:

an approved family sponsor; or

an approved work sponsor.

approved work sponsor means:

a person:

who has been approved under section 140E as a work sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and

whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class; or

a person (other than a Minister) who is a party to a work agreement.

area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (8).

arrival control determination has the meaning given by section 84B.

ART means the Administrative Review Tribunal.

ART Act means the Administrative Review Tribunal Act 2024.

ART Act migration decision: see section 474A.

ART member means a member of the ART.

ART practice directions means practice directions made under section 36 of the ART Act.

ART Principal Registrar means the Principal Registrar within the meaning of the ART Act.

ASIO means the Australian Security Intelligence Organisation.

ASIO Act means the Australian Security Intelligence Organisation Act 1979.

assessed score means the total number of points given to the applicant in an assessment under section 93.

assessment, in relation to ASIO, has the same meaning as in subsection 35(1) of the ASIO Act.

association: a person has an association, for the purposes of subsections 5C(1A), 500A(1A) and 501(6A), with an organisation if the person meets or communicates with the organisation.

Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015.

Australian passport means a passport issued under the Australian Passports Act 2005.

Australian resources installation means a resources installation that is deemed to be part of Australia because of the operation of section 8.

Australian seabed means so much of the seabed adjacent to Australia as is: within the area comprising: (i) the areas described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and the Coral Sea area; and part of: the continental shelf of Australia; the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory.

within the area comprising:

(i) the areas described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

the Coral Sea area; and

part of:

the continental shelf of Australia;

the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory.

Australian sea installation means a sea installation that is deemed to be part of Australia because of the operation of section 9.

Australian waters means:

in relation to a resources installation—waters above the Australian seabed; and

in relation to a sea installation—waters comprising all of the adjacent areas and the coastal area.

authorised officer, when used in a provision of this Act, means an officer authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision.

authorised system, when used in a provision of this Act, means an automated system authorised in writing by the Minister or the Secretary for the purposes of that provision.

behaviour concern non-citizen means a non-citizen who: has been convicted of a crime and sentenced to death or to imprisonment, for at least one year; or has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least one year if: any period concurrent with part of a longer period is disregarded; and any periods not disregarded that are concurrent with each other are treated as one period; whether or not: the crimes were of the same kind; or the crimes were committed at the same time; or the convictions were at the same time; or the sentencings were at the same time; or the periods were consecutive; or has been charged with a crime and either: found guilty of having committed the crime while of unsound mind; or acquitted on the ground that the crime was committed while the person was of unsound mind; has been removed or deported from Australia or removed or deported from another country; or has been excluded from another country in prescribed circumstances;

has been convicted of a crime and sentenced to death or to imprisonment, for at least one year; or

has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least one year if:

any period concurrent with part of a longer period is disregarded; and

any periods not disregarded that are concurrent with each other are treated as one period;

whether or not:

the crimes were of the same kind; or

the crimes were committed at the same time; or

the convictions were at the same time; or

the sentencings were at the same time; or

the periods were consecutive; or

has been charged with a crime and either:

found guilty of having committed the crime while of unsound mind; or

acquitted on the ground that the crime was committed while the person was of unsound mind;

has been removed or deported from Australia or removed or deported from another country; or

has been excluded from another country in prescribed circumstances;

where sentenced to imprisonment includes ordered to be confined in a corrective institution.

bogus document means a document that the Minister reasonably suspects is a document that: purports to have been, but was not, issued in respect of the person; or is counterfeit or has been altered by a person who does not have authority to do so; or was obtained because of a false or misleading statement, whether or not made knowingly.

purports to have been, but was not, issued in respect of the person; or

is counterfeit or has been altered by a person who does not have authority to do so; or

was obtained because of a false or misleading statement, whether or not made knowingly.

bridging visa has the meaning given by section 37.

brought into physical contact has the same meaning as in the Sea Installations Act.

bypass immigration clearance has the meaning given by subsection 172(4).

certified printout means a printout certified by an authorised officer to be a printout of information kept in the movement records.

character concern has the meaning given by section 5C.

child of a person has a meaning affected by section 5CA.

civil penalty order has the meaning given by subsection 486R(4).

civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.

clearance authority has the meaning given by section 165.

clearance officer has the meaning given by section 165.

coastal area has the same meaning as in the Customs Act 1901.

committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association.

Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984.

Coral Sea area has the same meaning as in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Covenant means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986.

crime includes any offence.

criminal history information means information about an individual’s criminal history, and includes information about: any charge against the individual for an offence against a law of the Commonwealth, a State or a Territory, whether or not the individual has been found to have committed the offence; and any finding that the individual committed such an offence, whether or not the individual has been convicted of the offence; and any conviction of the individual of such an offence, whether or not the conviction is spent (however described) under: (i) Crimes Act 1914; orPart VIIC of the a law of a State or Territory; and any other result of a proceeding for the prosecution of the individual for such an offence.

any charge against the individual for an offence against a law of the Commonwealth, a State or a Territory, whether or not the individual has been found to have committed the offence; and

any finding that the individual committed such an offence, whether or not the individual has been convicted of the offence; and

any conviction of the individual of such an offence, whether or not the conviction is spent (however described) under:

(i) Crimes Act 1914; orPart VIIC of the

a law of a State or Territory; and

any other result of a proceeding for the prosecution of the individual for such an offence.

criminal justice visa has the meaning given by section 38.

cruel or inhuman treatment or punishment means an act or omission by which: severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature; but does not include an act or omission: that is not inconsistent with Article 7 of the Covenant; or arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or

pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature;

but does not include an act or omission:

that is not inconsistent with Article 7 of the Covenant; or

arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

data base (except in Part 4A) means a discrete body of information stored by means of a computer.

de facto partner has the meaning given by section 5CB.

degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission: that is not inconsistent with Article 7 of the Covenant; or that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

that is not inconsistent with Article 7 of the Covenant; or

that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

departure prohibition order means an order under subsection 14S(1) of the Taxation Administration Act 1953.

deportation means deportation from Australia.

deportation order means an order for the deportation of a person made under, or continued in force by, this Act.

deportee means a person in respect of whom a deportation order is in force.

detain means:

take into immigration detention; or

keep, or cause to be kept, in immigration detention;

and includes taking such action and using such force as are reasonably necessary to do so.

detainee means a person detained.

diplomatic or consular representative means a person who has been appointed to, or is the holder of, a post or position in a diplomatic or consular mission of that country in Australia, not being a person who was ordinarily resident in Australia when he or she was appointed to be a member of the mission.

eligible court means:

the Federal Court; or

the Federal Circuit and Family Court of Australia (Division 2); or

a District, County or Local Court; or

a magistrates court; or

any other State or Territory court that is prescribed by the regulations.

enforcement visa has the meaning given by section 38A.

enter includes re-enter.

enter Australia means enter the migration zone.

entered includes re-entered.

entry includes re-entry.

environment detention offence means:

(a) an offence against the Environment Protection and Biodiversity Conservation Act 1999, or against regulations made for the purposes of that Act; or

(b) an offence against Crimes Act 1914 relating to an offence described in paragraph (a).section 6 of the

environment officer means an authorised officer, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999, but does not include a person who is an authorised officer because of subsection 397(3) of that Act.

environment related activity has the same meaning as in the Sea Installations Act.

evidential burden means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

excised offshore place means any of the following: the Territory of Christmas Island; the Territory of Ashmore and Cartier Islands; the Territory of Cocos (Keeling) Islands; any other external Territory that is prescribed by the regulations for the purposes of this paragraph; any island that forms part of a State or Territory and is prescribed for the purposes of this paragraph; an Australian sea installation; an Australian resources installation.

the Territory of Christmas Island;

the Territory of Ashmore and Cartier Islands;

the Territory of Cocos (Keeling) Islands;

any other external Territory that is prescribed by the regulations for the purposes of this paragraph;

any island that forms part of a State or Territory and is prescribed for the purposes of this paragraph;

an Australian sea installation;

an Australian resources installation.

excision time, for an excised offshore place, means:

for the Territory of Christmas Island— on 8 September 2001 by legal time in the Australian Capital Territory; or

for the Territory of Ashmore and Cartier Islands— on 8 September 2001 by legal time in the Australian Capital Territory; or

for the Territory of Cocos (Keeling) Islands—12 on 17 September 2001 by legal time in the Australian Capital Territory; or

(d) for any other external Territory that is prescribed by the regulations for the purposes of the definition of excised offshore place—the time when the regulations commence; or

(e) for any island that forms part of a State or Territory and is prescribed by the regulations for the purposes of the definition of excised offshore place—the time when the regulations commence; or

(f) for an Australian sea installation—the commencement of the Migration Amendment (Excision from Migration Zone) Act 2001; or

(g) for an Australian resources installation—the commencement of the Migration Amendment (Excision from Migration Zone) Act 2001.

ex-citizen visa has the meaning given by section 35.

Fair Work Inspector has the same meaning as in the Fair Work Act 2009.

Federal Court means the Federal Court of Australia.

finally determined: for when an application under this Act is finally determined, see section 11A.

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

fisheries detention offence means:

(a) an offence against Fisheries Management Act 1991; orsection 99, 100, 100A, 100B, 101, 101A, 101AA, 101B, 105E, 105EA, 105H or 105I of the

(b) an offence against Torres Strait Fisheries Act 1984; orsection 45, 46A, 46B, 46C, 46D, 48, 49, 49A, 51 or 51A of the

(c) an offence against Crimes Act 1914 relating to an offence described in paragraph (a) or (b).section 6 of the

fisheries officer means an officer as defined in the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984.

foreign aircraft (environment matters) means an aircraft, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999, that is not an Australian aircraft (within the meaning of that Act).

foreign vessel has the same meaning as in the Maritime Powers Act 2013.

hate crime has the same meaning as in section 114A.3 of the Criminal Code.

health concern non-citizen means a non-citizen who is suffering from a prescribed disease or a prescribed physical or mental condition.

health criterion means a prescribed criterion for the visa that: relates to the applicant for the visa, or the members of the family unit of that applicant; and deals with: a prescribed disease; or a prescribed kind of disease; or a prescribed physical or mental condition; or a prescribed kind of physical or mental condition; or a prescribed kind of examination; or a prescribed kind of treatment. holder, in relation to a visa, means, subject to section 77 (visas held during visa period) the person to whom it was granted or a person included in it.

relates to the applicant for the visa, or the members of the family unit of that applicant; and

deals with:

a prescribed disease; or

a prescribed kind of disease; or

a prescribed physical or mental condition; or

a prescribed kind of physical or mental condition; or

a prescribed kind of examination; or

a prescribed kind of treatment.

holder, in relation to a visa, means, subject to section 77 (visas held during visa period) the person to whom it was granted or a person included in it.

identification test means a test carried out in order to obtain a personal identifier.

identity document, in relation to a member of the crew of a vessel, means:

an identification card, in accordance with a form approved by the Minister, in respect of the member signed by the master of the vessel; or

a document, of a kind approved by the Minister as an identity document for the purposes of this Act, in respect of the member.

IGIS official (short for Inspector-General of Intelligence and Security official) means:

the Inspector-General of Intelligence and Security; or

(b) any other person covered by subsection 32(1) of the Inspector-General of Intelligence and Security Act 1986.

immigration cleared has the meaning given by subsection 172(1).

immigration detention means:

being in the company of, and restrained by:

an officer; or

in relation to a particular detainee—another person directed by the Secretary or Australian Border Force Commissioner to accompany and restrain the detainee; or

being held by, or on behalf of, an officer:

in a detention centre established under this Act; or

in a prison or remand centre of the Commonwealth, a State or a Territory; or

in a police station or watch house; or

in relation to a non-citizen who is prevented, under section 249, from leaving a vessel—on that vessel; or

in another place approved by the Minister in writing;

but does not include being restrained as described in subsection 245F(8A), or being dealt with under paragraph 245F(9)(b).

immigration detention facility: see section 251A.

immigration detention facility risk: see section 251A.

incapable person means a person who is incapable of understanding the general nature and effect of, and purposes of, a requirement to provide a personal identifier.

independent person means a person (other than an officer or an authorised officer) who: is capable of representing the interests of a non-citizen who is providing, or is to provide, a personal identifier; and as far as practicable, is acceptable to the non-citizen who is providing, or is to provide, the personal identifier; and if the non-citizen is a minor—is capable of representing the minor’s best interests.

is capable of representing the interests of a non-citizen who is providing, or is to provide, a personal identifier; and

as far as practicable, is acceptable to the non-citizen who is providing, or is to provide, the personal identifier; and

if the non-citizen is a minor—is capable of representing the minor’s best interests.

inhabitant of the Protected Zone means a person who is a citizen of Papua New Guinea and who is a traditional inhabitant.

in immigration clearance has the meaning given by subsection 172(2).

inspector has the meaning given by section 140V.

installation means:

a resources installation; or

a sea installation.

lawful non-citizen has the meaning given by section 13.

lawyer means:

a barrister; or

a solicitor; or

a barrister and solicitor; or

a legal practitioner;

of the High Court or of the Supreme Court of a State or Territory.

leave Australia, in relation to a person, means, subject to section 80 (leaving without going to other country), leave the migration zone.

maritime crew visa has the meaning given by section 38B.

maritime officer has the same meaning as in the Maritime Powers Act 2013.

master means the person in charge or command of the vessel.

member:

(a) in relation to a terrorist organisation—has the same meaning as in Criminal Code; andDivision 102 of the

(b) in relation to a state sponsor of terrorism—has the same meaning as in Criminal Code; andDivision 110 of the

(c) in relation to a prohibited hate group—has the same meaning as in Criminal Code.Division 114A of the

member of the crew means:

in relation to a vessel other than an aircraft—the master of the vessel, or a person whose name is on the articles of the vessel as a member of the crew; or

in relation to an aircraft—the master of the aircraft, or a person employed by the operator of the aircraft and whose name is included in a list of members of the crew of the aircraft furnished by the master as prescribed.

member of the family unit of a person has the meaning given by the regulations made for the purposes of this definition.

member of the same family unit: one person is a member of the same family unit as another if either is a member of the family unit of the other or each is a member of the family unit of a third person.

migration decision means:

a privative clause decision; or

a purported privative clause decision; or

a non-privative clause decision; or

an ART Act migration decision.

migration law means:

this Act; and

the regulations; and

any legislative instrument made under this Act or the regulations.

migration zone means the area consisting of the States, the Territories, Australian resource installations and Australian sea installations and, to avoid doubt, includes: land that is part of a State or Territory at mean low water; and sea within the limits of both a State or a Territory and a port; and piers, or similar structures, any part of which is connected to such land or to ground under such sea; but does not include sea within the limits of a State or Territory but not in a port.

land that is part of a State or Territory at mean low water; and

sea within the limits of both a State or a Territory and a port; and

piers, or similar structures, any part of which is connected to such land or to ground under such sea;

but does not include sea within the limits of a State or Territory but not in a port.

Ministerial intervention power means a power exercisable personally by the Minister under any one or more of the following provisions: subsection 46A(2) (about visa applications by unauthorised maritime arrivals); subsection 46B(2) (about visa applications by transitory persons); subsection 48B(1) (about further applications for a protection visa after refusal or cancellation); paragraph 72(1)(c) (about bridging visas for eligible non-citizens); subsection 91F(1) (about non-citizens for whom there is a safe third country); subsection 91L(1) (about holders of temporary safe haven visas); subsection 137N(1) (about revocation of visa cancellation on the Minister’s initiative); subsection 195A(2) (about grant of visas to detainees); subsection 198AE(1) (about Minister’s power to determine that section 198AD does not apply); subsection 351(1) (about Minister’s power to substitute certain ART decisions); subsection 501J(1) (about Minister’s power to substitute ART protection visa decision).

subsection 46A(2) (about visa applications by unauthorised maritime arrivals);

subsection 46B(2) (about visa applications by transitory persons);

subsection 48B(1) (about further applications for a protection visa after refusal or cancellation);

paragraph 72(1)(c) (about bridging visas for eligible non-citizens);

subsection 91F(1) (about non-citizens for whom there is a safe third country);

subsection 91L(1) (about holders of temporary safe haven visas);

subsection 137N(1) (about revocation of visa cancellation on the Minister’s initiative);

subsection 195A(2) (about grant of visas to detainees);

subsection 198AE(1) (about Minister’s power to determine that section 198AD does not apply);

subsection 351(1) (about Minister’s power to substitute certain ART decisions);

subsection 501J(1) (about Minister’s power to substitute ART protection visa decision).

minor means a person who is less than 18 years old.

movement records means information stored in a notified data base.

natural resources means the mineral and other non-living resources of the seabed and its subsoil.

nomination training contribution charge means nomination training contribution charge imposed by section 7 of the Migration (Skilling Australians Fund) Charges Act 2018.

non-citizen means a person who is not an Australian citizen.

non-disclosable information means information or matter: whose disclosure would, in the Minister’s opinion, be contrary to the national interest because it would: prejudice the security, defence or international relations of Australia; or involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet; or whose disclosure would, in the Minister’s opinion, be contrary to the public interest for a reason which could form the basis of a claim by the Crown in right of the Commonwealth in judicial proceedings; or whose disclosure would found an action by a person, other than the Commonwealth, for breach of confidence;

whose disclosure would, in the Minister’s opinion, be contrary to the national interest because it would:

prejudice the security, defence or international relations of Australia; or

involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet; or

whose disclosure would, in the Minister’s opinion, be contrary to the public interest for a reason which could form the basis of a claim by the Crown in right of the Commonwealth in judicial proceedings; or

whose disclosure would found an action by a person, other than the Commonwealth, for breach of confidence;

and includes any document containing, or any record of, such information or matter.

non-political crime:

subject to paragraph (b), means a crime where a person’s motives for committing the crime were wholly or mainly non-political in nature; and

(b) includes an offence that, under paragraph (a), (b) or (c) of the definition of political offence in section 5 of the Extradition Act 1988, is not a political offence in relation to a country for the purposes of that Act.

non-privative clause decision has the meaning given by subsection 474(6).

non-refoulement obligations includes, but is not limited to:

non-refoulement obligations that may arise because Australia is a party to:

the Refugees Convention; or

the Covenant; or

the Convention Against Torture; and

any obligations accorded by customary international law that are of a similar kind to those mentioned in paragraph (a).

notified data base means a data base declared to be a notified data base under section 489.

offence against this Act includes:

(a) an offence against Crimes Act 1914 that relates to an offence against a provision of this Act; andsection 6 of the

(b) an ancillary offence (within the meaning of the Criminal Code) that is, or relates to, an offence against a provision of this Act.

officer means:

an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph; or

(b) a person who is an officer for the purposes of the Customs Act 1901, other than such an officer specified by the Minister in writing for the purposes of this paragraph; or

(c) a person who is a protective service officer for the purposes of the Australian Federal Police Act 1979, other than such a person specified by the Minister in writing for the purposes of this paragraph; or

a member of the Australian Federal Police or of the police force of a State or an internal Territory; or

a member of the police force of an external Territory; or

a person who is authorised in writing by the Minister to be an officer for the purposes of this Act; or

any person who is included in a class of persons authorised in writing by the Minister to be officers for the purposes of this Act, including a person who becomes a member of the class after the authorisation is given.

offshore resources activity has the meaning given by subsection 9A(5).

old visa means a visa, document, or notation, that: permits a person to travel to Australia; and was issued before 1 September 1994; and has not been cancelled or otherwise stopped being in effect. parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in section 5CA.

permits a person to travel to Australia; and

was issued before 1 September 1994; and

has not been cancelled or otherwise stopped being in effect.

parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in section 5CA.

passport includes a document of identity issued from official sources, whether in or outside Australia, and having the characteristics of a passport, but does not include a document, which may be a document called or purporting to be a passport, that the regulations declare is not to be taken to be a passport.

permanent visa has the meaning given by subsection 30(1).

permitted travel certificate has the meaning given by section 84D.

personal identifier has the meaning given by section 5A.

personal information has the same meaning as in the Privacy Act 1988.

port means:

a proclaimed port; or

a proclaimed airport.

pre-cleared flight means a flight declared under section 17 to be a pre-cleared flight.

prescribed means prescribed by the regulations.

printout means a mechanically or electronically made reproduction of part or all of the movement records.

privative clause decision has the meaning given by subsection 474(2).

proclaimed airport means:

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

an airport appointed by the Minister under subsection (5).

proclaimed port means:

(a) a port appointed under Customs Act 1901; orsection 15 of the

a port appointed by the Minister under subsection (5).

prohibited hate group has the same meaning as in Division 114A of the Criminal Code.

prohibited thing: see section 251A.

protected area means an area that is: part of the migration zone; and in, or in an area in the vicinity of, the Protected Zone.

part of the migration zone; and

in, or in an area in the vicinity of, the Protected Zone.

Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.

protection visa has the meaning given by section 35A.

(a) permanent protection visas (classified by the Migration Regulations 1994 as Protection (Class XA) visas when this definition commenced);

other protection visas formerly provided for by subsection 36(1);

safe haven enterprise visas;

(c) temporary protection visas (classified by the Migration Regulations 1994 as Temporary Protection (Class XD) visas when this definition commenced);

any additional classes of permanent or temporary visas that are prescribed as protection visas by the regulations.

See also section 36 and Subdivision AL of Division 3 of Part 2.

purported privative clause decision has the meaning given by section 5E.

questioning detention means detention under section 192.

receiving country, in relation to a non-citizen, means:

a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or

if the non-citizen has no country of nationality—a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.

refugee has the meaning given by section 5H.

Refugees Convention means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951.

Refugees Protocol means the Protocol relating to the Status of Refugees done at New York on 31 January 1967.

refused immigration clearance has the meaning given by subsection 172(3).

regional processing country means a country designated by the Minister under subsection 198AB(1) as a regional processing country.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant seizure power: see section 251B.

relevant workplace law has the meaning given by subsection 245APA(2).

remain in Australia means remain in the migration zone.

removal concern country means a country designated as such by the Minister under subsection 199F(1).

removal pathway direction means a direction given under subsection 199C(1) or (2).

removal pathway non-citizen means:

an unlawful non-citizen:

who is required to be removed from Australia under section 198 as soon as reasonably practicable; or

who would be required to be so removed except for the operation of subsection 197E(5); or

a lawful non-citizen who holds a Subclass 070 (Bridging (Removal Pending)) visa; or

a lawful non-citizen who:

holds a Subclass 050 (Bridging (General)) visa; and

at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia; or

a lawful non-citizen who:

holds a visa prescribed by the regulations for the purposes of this subparagraph; and

at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia.

remove means remove from Australia.

removee means an unlawful non-citizen removed, or to be removed, under Division 8 of Part 2.

residence determination has the meaning given by subsection 197AB(1).

resources installation means:

a resources industry fixed structure within the meaning of subsection (10); or

a resources industry mobile unit within the meaning of subsection (11).

reviewable migration decision: see section 338.

reviewable protection decision: see section 338A.

score means the total number of points given to the applicant under section 93 in the most recent assessment or re-assessment under Subdivision B of Division 3 of Part 2.

sea installation has the same meaning as in the Sea Installations Act.

Sea Installations Act means the Sea Installations Act 1987.

Secretary means the Secretary of the Department.

serious Australian offence means an offence against a law in force in Australia, where: the offence: involves violence against a person; or is a serious drug offence; or involves serious damage to property; or is an offence against section 197A or 197B (offences relating to immigration detention); and the offence is punishable by: imprisonment for life; or imprisonment for a fixed term of not less than 3 years; or imprisonment for a maximum term of not less than 3 years.

the offence:

involves violence against a person; or

is a serious drug offence; or

involves serious damage to property; or

is an offence against section 197A or 197B (offences relating to immigration detention); and

the offence is punishable by:

imprisonment for life; or

imprisonment for a fixed term of not less than 3 years; or

imprisonment for a maximum term of not less than 3 years.

serious foreign offence means an offence against a law in force in a foreign country, where: the offence: involves violence against a person; or is a serious drug offence; or involves serious damage to property; and (b) if it were assumed that the act or omission constituting the offence had taken place in the Australian Capital Territory, the act or omission would have constituted an offence (the Territory offence) against a law in force in that Territory, and the Territory offence would have been punishable by: imprisonment for life; or imprisonment for a fixed term of not less than 3 years; or imprisonment for a maximum term of not less than 3 years.

the offence:

involves violence against a person; or

is a serious drug offence; or

involves serious damage to property; and

(b) if it were assumed that the act or omission constituting the offence had taken place in the Australian Capital Territory, the act or omission would have constituted an offence (the Territory offence) against a law in force in that Territory, and the Territory offence would have been punishable by:

imprisonment for life; or

imprisonment for a fixed term of not less than 3 years; or

imprisonment for a maximum term of not less than 3 years.

significant harm means harm of a kind mentioned in subsection 36(2A).

special category visa has the meaning given by section 32.

special purpose visa has the meaning given by section 33.

spouse has the meaning given by section 5F.

state sponsor of terrorism has the same meaning as in Division 110 of the Criminal Code.

student visa has the meaning given by the regulations.

substantive visa means a visa other than: a bridging visa; or a criminal justice visa; or an enforcement visa.

a bridging visa; or

a criminal justice visa; or

an enforcement visa.

tax file number has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

temporary visa has the meaning given by subsection 30(2).

Territory means:

an internal Territory; or

an external Territory to which this Act extends.

terrorist organisation has the same meaning as in Division 102 of the Criminal Code.

ticket includes a travel document in respect of the conveyance of a person from one place to another place.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.

torture means an act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person: for the purpose of obtaining from the person or from a third person information or a confession; or for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or for the purpose of intimidating or coercing the person or a third person; or for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or for any reason based on discrimination that is inconsistent with the Articles of the Covenant; but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

for the purpose of obtaining from the person or from a third person information or a confession; or

for the purpose of punishing the person for an act which that person or a third person has committed or is suspected of having committed; or

for the purpose of intimidating or coercing the person or a third person; or

for a purpose related to a purpose mentioned in paragraph (a), (b) or (c); or

for any reason based on discrimination that is inconsistent with the Articles of the Covenant;

but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant.

traditional activities has the same meaning as in the Torres Strait Treaty.

traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.

transitory person means:

a person who was taken to another country under repealed section 198A; or

a person who was taken to a regional processing country under section 198AD; or

(b) a person who was taken to a place outside Australia under paragraph 245F(9)(b) of this Act, or under Maritime Powers Act 2013; orDivision 7 or 8 of Part 3 of the

a person who, while a non-citizen and during the period from 27 August 2001 to 6 October 2001:

(i) was transferred to the ship HMAS Manoora from the ship Aceng or the ship MV Tampa; and

(ii) was then taken by HMAS Manoora to another country; and

disembarked in that other country; or

the child of a transitory person mentioned in paragraph (aa) or (b), if:

the child was born in a regional processing country to which the parent was taken as mentioned in the relevant paragraph; and

the child was not an Australian citizen at the time of birth; or

the child of a transitory person mentioned in paragraph (aa) or (b), if:

the child was born in the migration zone; and

the child was not an Australian citizen at the time of birth.

unauthorised maritime arrival has the meaning given by section 5AA.

unlawful non-citizen has the meaning given by section 14.

vessel includes an aircraft or an installation.

vessel (environment matters) means a vessel, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.

visa has the meaning given by section 29 and includes an old visa.

visa applicant means an applicant for a visa and, in relation to a visa, means the applicant for the visa.

visa application charge means the charge payable under section 45A.

visa application charge limit is the amount determined under the Migration (Visa Application) Charge Act 1997.

visa holder means the holder of a visa and, in relation to a visa, means the holder of the visa.

visa period means the period: beginning when the visa is granted; and ending: in the case of a visa other than a bridging visa—when the visa ceases to be in effect otherwise than under section 84E; or in the case of a bridging visa—when the visa ceases to be in effect otherwise than under subsection 82(3) or section 84E.

beginning when the visa is granted; and

ending:

in the case of a visa other than a bridging visa—when the visa ceases to be in effect otherwise than under section 84E; or

in the case of a bridging visa—when the visa ceases to be in effect otherwise than under subsection 82(3) or section 84E.

visa pre-application process charge means charge imposed by the Migration (Visa Pre-application Process) Charge Act 2023.

weapon or escape aid: see section 252.

well-founded fear of persecution has the meaning given by section 5J.

work agreement means an agreement that satisfies the requirements prescribed by the regulations for the purposes of this definition.

working day means any day that is not a Saturday, a Sunday or a public holiday in that place.

work-related condition means a condition: prohibiting the holder of a visa from working in Australia; or restricting the work that the holder of a visa may do in Australia.

prohibiting the holder of a visa from working in Australia; or

restricting the work that the holder of a visa may do in Australia.

work-related offence means:

an offence against Subdivision C or E of Division 12 of Part 2; or

(b) an offence against Crimes Act 1914 that relates to an offence against one of those Subdivisions; orsection 6 of the

(c) an ancillary offence (within the meaning of the Criminal Code) that is, or relates to, an offence against one of those Subdivisions.

work-related provision means a civil penalty provision in Subdivision C, E or F of Division 12 of Part 2.

(a) the Minister is to cause notice of the authorisation to be published in the Gazette; but

without affecting the obligation of the Minister to cause a notice to be so published:

the authorisation takes effect when it is given; and

the validity of the authorisation is not affected if such a notice is not published.

the person passes a test that:

is approved in writing by the Minister for the purposes of this subsection; and

(ii) is conducted by a person, or organisation, approved for the purposes of this subsection by the Minister by notice in the Gazette; or

the person provides the Minister with prescribed evidence of the person’s English language proficiency.

appoint ports in an external Territory to which this Act extends as proclaimed ports for the purposes of this Act and fix the limits of those ports; and

appoint airports in an external Territory to which this Act extends as proclaimed airports for the purposes of this Act and fix the limits of those airports.

the installation shall be deemed to have entered Australia at the time when it becomes so attached;

any person on board the installation at the time when it becomes so attached shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.

the installation shall be deemed to have entered Australia at the time that it becomes so installed; and

any person on board the installation at the time that it becomes so installed shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.

is not able to move or be moved as an entity from one place to another; and

is used or is to be used off-shore in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

a vessel that is used or is to be used wholly or principally in:

exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i); or

a structure (not being a vessel) that:

is able to float or be floated;

is able to move or be moved as an entity from one place to another; and

is used or is to be used off-shore wholly or principally in:

(A) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(B) operations or activities associated with, or incidental to, activities of the kind referred to in sub-subparagraph (A).

transporting persons or goods to or from a resources installation; or

manoeuvring a resources installation, or in operations relating to the attachment of a resources installation to the Australian seabed.

the installation:

is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

the installation:

is in physical contact with, or is brought into physical contact with, another resources installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

the installation is in, or is brought into, physical contact with a part of the seabed in the adjacent area; or

the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the adjacent area because of paragraph (a).

is in that adjacent area at that time; and

has been in a particular locality:

that is circular and has a radius of 20 nautical miles; and

the whole or part of which is in that adjacent area;

for:

a continuous period, of at least 30 days, that immediately precedes that time; or

one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.

is brought into physical contact with a part of the seabed in an adjacent area; or

is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in an adjacent area;

for less than:

in the case of a ship, or an aircraft, registered under the law of a foreign country—30 days; or

in any other case—5 days;

it shall not be taken to be installed in that adjacent area under subsection (15).

the installation is in, or is brought into, physical contact with a part of the seabed in the coastal area; or

the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the coastal area because of paragraph (a).

is in that coastal area at that time; and

has been in a particular locality:

that is circular and has a radius of 20 nautical miles; and

the whole or part of which is in that coastal area;

for:

a continuous period, of at least 30 days, that immediately precedes that time; or

one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.

is brought into physical contact with a part of the seabed in a coastal area; or

is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in a coastal area;

for less than:

in the case of a ship, or an aircraft, registered under the law of a foreign country—30 days; or

in any other case—5 days;

it shall not be taken to be installed in that coastal area under subsection (19).

the purposes of a regulation or other instrument under this Act; and

the purposes of any administrative process that occurs in relation to:

this Act; or

a regulation or instrument under this Act.

specify, or assist in specifying, any particulars of the non-citizen’s claim; or

establish, or assist in establishing, the claim.

the person entered Australia by sea:

at an excised offshore place at any time after the excision time for that place; or

at any other place at any time on or after the commencement of this section; and

the person became an unlawful non-citizen because of that entry; and

the person is not an excluded maritime arrival.

the person is born in the migration zone; and

a parent of the person is, at the time of the person’s birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

the person is not an Australian citizen at the time of birth.

(1AA) For the purposes of this Act, a person is also an unauthorised maritime arrival if:

the person is born in a regional processing country; and

a parent of the person is, at the time of the person’s birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

the person is not an Australian citizen at the time of his or her birth.

Entered Australia by sea

the person entered the migration zone except on an aircraft that landed in the migration zone; or

(b) the person entered the migration zone as a result of being found on a ship detained under Maritime Powers Act 2013) and being dealt with under paragraph 245F(9)(a) (as in force before that commencement); orsection 245F (as in force before the commencement of section 69 of the

(ba) the person entered the migration zone as a result of the exercise of powers under Maritime Powers Act 2013; orDivision 7 or 8 of Part 3 of the

the person entered the migration zone after being rescued at sea.

Excluded maritime arrival

is a New Zealand citizen who holds and produces a New Zealand passport that is in force; or

is a non-citizen who:

holds and produces a passport that is in force; and

is ordinarily resident on Norfolk Island; or

is included in a prescribed class of persons.

Definitions

fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);

a measurement of a person’s height and weight;

a photograph or other image of a person’s face;

an audio or a video recording of a person (other than a video recording under section 261AJ);

an iris scan;

a person’s signature;

(g) any other identifier prescribed by the regulations, other than an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure Crimes Act 1914.within the meaning of section 23WA of the

(a) obtaining the identifier would not involve the carrying out of an intimate forensic procedure Crimes Act 1914; andwithin the meaning of section 23WA of the

the identifier is an image of, or a measurement or recording of, an external part of the body; and

obtaining the identifier will promote one or more of the purposes referred to in subsection (3).

to assist in the identification of, and to authenticate the identity of, any person who can be required under this Act to provide a personal identifier; and

to assist in identifying, in the future, any such person; and

to improve the integrity of entry programs; and

to improve passenger processing at Australia’s border; and

to facilitate a visa-holder’s access to his or her rights under this Act or the regulations; and

to improve the procedures for determining visa applications; and

to improve the procedures for determining claims from people seeking protection as refugees; and

to assist in determining whether a person is an unlawful non-citizen or a lawful non-citizen; and

to enhance the Department’s ability to identify non-citizens who have a criminal history or who are of character concern; and

to assist in identifying persons who may be a security concern to Australia or a foreign country; and

to combat document and identity fraud in immigration matters; and

to detect forum shopping by applicants for visas; and

to ascertain whether:

an applicant for a protection visa; or

an unauthorised maritime arrival who makes a claim for protection as a refugee; or

an unauthorised maritime arrival who makes a claim for protection on the basis that the person will suffer significant harm;

had sufficient opportunity to avail himself or herself of protection before arriving in Australia; and

to complement anti-people smuggling measures; and

to inform the governments of foreign countries of the identity of non-citizens who are, or are to be, removed or deported from Australia.

a provision of the migration law uses the expression “authorised system”; and

the provision requires a person to provide to an authorised system a photograph or other image of the person’s face; and

for the purposes of that requirement, the person submits to the authorised system collecting:

a photograph or other image of the person’s face; or

a photograph or other image from which the authorised system can derive (such as by cropping) a photograph or other image of the person’s face.

the authorised system collects a photograph or other image from which the authorised system can derive (such as by cropping) a photograph or other image of the person’s face; and

(b) the authorised system derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the authorised system collects;

the person is taken to provide the derived image to the authorised system for the purposes of the requirement mentioned in paragraph (1)(b).

the migration law requires a person to provide a photograph or other image of the person’s face to the Minister; and

for the purposes of that requirement:

(i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

(ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

a provision of the migration law uses the expression “authorised officer”; and

the provision requires a person to provide a photograph or other image of the person’s face to an authorised officer; and

for the purposes of that requirement:

(i) the person provides to an authorised officer (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and

(ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides.

the non-citizen has a substantial criminal record (as defined by subsection (2)); or

the non-citizen has been convicted of an offence that was committed:

while the non-citizen was in immigration detention; or

during an escape by the non-citizen from immigration detention; or

after the non-citizen escaped from immigration detention but before the non-citizen was taken into immigration detention again; or

the non-citizen has been convicted of an offence against section 197A; or

the Minister reasonably suspects:

that the non-citizen has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person; and

that the group, organisation or person has been or is involved in criminal conduct; or

subsection (1A) applies to the non-citizen (spreading hatred and extremism); or

the Minister reasonably suspects that the non-citizen has been or is involved in conduct constituting one or more of the following:

an offence under one or more of sections 233A to 234A (people smuggling);

an offence of trafficking in persons;

the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern;

whether or not the non-citizen, or another person, has been convicted of an offence constituted by the conduct; or

having regard to either or both of the following:

the non-citizen’s past and present criminal conduct;

the non-citizen’s past and present general conduct;

the non-citizen is not of good character; or

in the event that the non-citizen were allowed to enter or to remain in Australia, there is a risk that the non-citizen might:

engage in criminal conduct in Australia; or

harass, molest, intimidate or stalk another person in Australia; or

vilify a segment of the Australian community; or

incite discord in the Australian community or in a segment of that community; or

represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or

a court in Australia or a foreign country has:

convicted the non-citizen of one or more sexually based offences involving a child; or

found the non-citizen guilty of such an offence, or found a charge against the non-citizen proved for such an offence, even if the non-citizen was discharged without a conviction; or

the non-citizen has, in Australia or a foreign country, been charged with or indicted for one or more of the following:

the crime of genocide;

a crime against humanity;

a war crime;

a crime involving torture or slavery;

a crime that is otherwise of serious international concern; or

(g) the non-citizen has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (Australian Security Intelligence Organisation Act 1979); orwithin the meaning of section 4 of the

an Interpol notice in relation to the non-citizen, from which it is reasonable to infer that the non-citizen would present a risk to the Australian community or a segment of that community, is in force.

Spreading hatred and extremism

both of the following apply:

the non-citizen is, or has been, a member of an organisation;

at any time the non-citizen was a member of the organisation, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; or

all of the following apply:

the non-citizen has, or has had, an association with an organisation;

at any time during the non-citizen’s association, the organisation was a terrorist organisation, a state sponsor of terrorism or a prohibited hate group;

the non-citizen intends, or intended, by the association, to support terrorism, extremism or hatred or to further acts of terrorism, extremism or hatred; or

the non-citizen has been or is involved in conduct constituting a hate crime (whether or not the non-citizen, or another person, has been convicted of an offence constituted by the conduct); or

both of the following apply:

the non-citizen has made one or more public statements, or has endorsed a statement publicly, (whether in Australia or overseas, and including online statements) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the non-citizen were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community; or

both of the following apply:

the non-citizen has encouraged one or more other persons to make a statement publicly (whether in Australia or overseas, and including an online statement) that involves the dissemination of ideas based on superiority over or hatred of other persons on the basis of race, colour, or national or ethnic origin;

in the event the non-citizen were allowed to enter or to remain in Australia, there is a risk of harm to the Australian community or to a segment of that community.

Limbs do not limit each other

the non-citizen has been sentenced to death; or

the non-citizen has been sentenced to imprisonment for life; or

the non-citizen has been sentenced to a term of imprisonment of 12 months or more; or

the non-citizen has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more; or

the non-citizen has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or

the non-citizen has:

been found by a court to not be fit to plead, in relation to an offence; and

the court has nonetheless found that on the evidence available the non-citizen committed the offence; and

as a result, the non-citizen has been detained in a facility or institution.

(a) someone who is a child of the person within the meaning of the Family Law Act 1975 (other than someone who is an adopted child of the person within the meaning of that Act);

someone who is an adopted child of the person within the meaning of this Act.

they have a mutual commitment to a shared life to the exclusion of all others; and

the relationship between them is genuine and continuing; and

they:

live together; or

do not live separately and apart on a permanent basis; and

they are not related by family (see subsection (4)).

one is the child (including an adopted child) of the other; or

one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or

they have a parent in common (who may be an adoptive parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or has ceased to have effect.

a failure to exercise jurisdiction; or

an excess of jurisdiction;

in the making of the decision.

they are married to each other under a marriage that is valid for the purposes of this Act; and

they have a mutual commitment to a shared life as a married couple to the exclusion of all others; and

the relationship between them is genuine and continuing; and

they:

live together; or

do not live separately and apart on a permanent basis.

a de facto partner of the person;

(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in section 5CA;

anyone else who would be a member of the person’s family or a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a member of the person’s family or a relative of the person.

This does not limit who is a member of a person’s family or relative of a person.

in a case where the person has a nationality—is outside the country of his or her nationality and, owing to a well-founded fear of persecution, is unable or unwilling to avail himself or herself of the protection of that country; or

in a case where the person does not have a nationality—is outside the country of his or her former habitual residence and owing to a well-founded fear of persecution, is unable or unwilling to return to it.

the person has committed a crime against peace, a war crime or a crime against humanity, as defined by international instruments prescribed by the regulations; or

the person committed a serious non-political crime before entering Australia; or

the person has been guilty of acts contrary to the purposes and principles of the United Nations.

the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and

there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned in paragraph (a); and

the real chance of persecution relates to all areas of a receiving country.

conflict with a characteristic that is fundamental to the person’s identity or conscience; or

conceal an innate or immutable characteristic of the person; or

without limiting paragraph (a) or (b), require the person to do any of the following:

alter his or her religious beliefs, including by renouncing a religious conversion, or conceal his or her true religious beliefs, or cease to be involved in the practice of his or her faith;

conceal his or her true race, ethnicity, nationality or country of origin;

alter his or her political beliefs or conceal his or her true political beliefs;

conceal a physical, psychological or intellectual disability;

enter into or remain in a marriage to which that person is opposed, or accept the forced marriage of a child;

alter his or her sexual orientation or gender identity or conceal his or her true sexual orientation, gender identity or intersex status.

that reason must be the essential and significant reason, or those reasons must be the essential and significant reasons, for the persecution; and

the persecution must involve serious harm to the person; and

the persecution must involve systematic and discriminatory conduct.

a threat to the person’s life or liberty;

significant physical harassment of the person;

significant physical ill-treatment of the person;

significant economic hardship that threatens the person’s capacity to subsist;

denial of access to basic services, where the denial threatens the person’s capacity to subsist;

denial of capacity to earn a livelihood of any kind, where the denial threatens the person’s capacity to subsist.

protection against persecution could be provided to the person by:

the relevant State; or

a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.

the person can access the protection; and

the protection is durable; and

in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.

shall be deemed to be part of Australia for the purposes of this Act; and

shall be deemed not to be a place outside Australia.

becomes attached to the Australian seabed after the commencement of this subsection; or

at the commencement of this subsection, is attached to the Australian seabed;

shall, subject to subsection (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

the installation is detached from the Australian seabed, or from another resources installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

becomes installed in an adjacent area or in a coastal area after the commencement of this subsection; or

at the commencement of this subsection, is installed in an adjacent area or in a coastal area;

shall, subject to subsection (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

the installation is detached from its location for the purpose of being taken to a place outside the outer limits of Australian waters; or

after having been detached from its location otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters.

whether or not the person’s participation in, or support of, an offshore resources activity in the area concerned has started, is continuing or has concluded; and

whether or not the offshore resources activity concerned has started, is continuing or has concluded.

a person is taken to be in Australia while he or she is taken to be in the migration zone because of subsection (1); and

a person is taken to travel to Australia if the person travels to an area in which the person is taken to be in the migration zone because of subsection (1); and

a person is taken to enter Australia when the person enters an area in which the person is taken to be in the migration zone because of subsection (1); and

subject to section 80—a person is taken to leave Australia when the person leaves an area in which the person is taken to be in the migration zone because of subsection (1).

is in the migration zone or is taken to be in the migration zone; or

is in Australia or is taken to be in Australia; or

travels to Australia or is taken to travel to Australia; or

enters Australia or is taken to enter Australia; or

leaves Australia or is taken to leave Australia.

Meaning of offshore resources activity

(a) a regulated operation (Offshore Petroleum and Greenhouse Gas Storage Act 2006) that is being carried out, or is to be carried out, within the area, except an operation determined by the Minister under subsection (6); orwithin the meaning of section 7 of the

(b) an activity performed under a licence or a special purpose consent (both Offshore Minerals Act 1994) that is being carried out, or is to be carried out, within the area, except an activity determined by the Minister under subsection (6); orwithin the meaning of section 4 of the

an activity, operation or undertaking (however described) that is being carried out, or is to be carried out:

under a law of the Commonwealth, a State or a Territory determined by the Minister under subsection (6); and

within the area, as determined by the Minister under subsection (6).

is on an Australian resources installation in the area; or

is otherwise in the area to participate in, or support, the activity.

a decision that has been made in respect of the application is not, or is no longer, subject to any form of review by application to the ART under Part 5; or

a decision that has been made in respect of the application was subject to some form of review by application to the ART under Part 5 but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.

if the decision on review is made under section 105 of the ART Act or paragraph 368C(3)(b) or subsection 368C(5) of this Act—section 368 of this Act;

if the application for review is dismissed under the ART Act and an application for reinstatement cannot be made under section 368C of this Act—section 368B of this Act.