Immigration (Unauthorized Arrivals) Amendment Act 1980 (Cth)

Immigration (Unauthorized Arrivals) Amendment Act 1980

No. 176 of 1980

An Act to extend the application of the Immigration (Unauthorized Arrivals) Act 1980 to the Territory of Christmas Island

[Assented to 17 December 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Immigration (Unauthorized Arrivals) Amendment Act 1980.

(2) The Immigration (Unauthorized Arrivals) Act 1980 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

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.”.

4. After section 3 of the Principal Act the following section is inserted:

Extension of Act to Christmas Island

“3a. (1) This Act extends to the Territory of Christmas Island.

 

“(2) Subject to this Act, the Territory of Christmas Island—

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

(b) shall be deemed not to be a place outside Australia.

“(3) For the purposes of paragraph (a) of the definition of “Australian waters” in sub-section 3 (1), the Territory of Christmas Island shall not be deemed to be part of Australia.”.

Aircraft or ships to which this Act applies

5. Section 4 of the Principal Act is amended by inserting after sub-section (3) the following sub-sections:

“(3a) Subject to sub-section (3b), an aircraft to which this Act applies by virtue of sub-section (1) shall be deemed to depart from Australia when it commences to fly over waters of the sea that are not Australian waters.

“(3b) Sub-section (3a) does not apply to a flight by an aircraft to which this Act applies from one place in Australia to another place in Australia in the course of which it flies over waters of the sea that are not Australian waters.

“(3c) For the purposes of sub-section (3b), the Territory of Christmas Island shall not be deemed to be part of Australia.”.

Permits to disembark from certain vessels

6. Section 9 of the Principal Act is amended—

(a) by omitting from paragraph (d) of the definition of “relevant passenger” in sub-section (3) “or”; and

(b) by adding at the end of the definition of “relevant passenger” in subsection (3) the following word and paragraph:

“or (f) who travelled—

(i) on the flight on which the aircraft was engaged when it landed in Australia; or

(ii) on the voyage on which the ship was engaged when it entered Australian waters,

as the case may be, only from a place in Australia;”.

Prescribed authorities

7. Section 14 of the Principal Act is amended by inserting in sub-section (4) “or as a Special Magistrate of the Territory of Christmas Island” after “Territory”.