Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 172

When a person is immigration cleared

  (1)   A person is immigration cleared if, and only if:

  (a)   the person:

  (i)   enters Australia at a port; and

  (ii)   complies with section   166; and

  (iii)   leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

  (b)   the person:

  (i)   enters Australia otherwise than at a port; and

  (ii)   complies with section   166; and

  (iii)   leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

  (ba)   the person:

  (i)   enters Australia by virtue of the operation of section   10; and

  (ii)   at the time of the person's birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or

  (c)   the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or

  (d)   the person is in a prescribed class of persons.

When a person is in immigration clearance

  (2)   A person is in immigration clearance if the person:

  (a)   is with an officer or at an authorised system for the purposes of section   166; and

  (b)   has not been refused immigration clearance.

When a person is refused immigration clearance

  (3)   A person is refused immigration clearance if the person:

  (a)   is with a clearance officer for the purposes of section   166; and

  (b)   satisfies one or more of the following subparagraphs:

  (i)   the person has his or her visa cancelled;

  (ii)   the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph   166(1)(a);

  (iii)   the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph   166(1)(b);

  (iv)   the person refuses, or is unable, to comply with any requirement referred to in paragraph   166(1)(c) to provide one or more personal identifiers to a clearance officer.

When a person bypasses immigration clearance

  (4)   A person, other than a person who is refused immigration clearance, bypasses immigration clearance if:

  (a)   the person:

  (i)   enters Australia at a port; and

  (ii)   is required to comply with section   166; and

  (iii)   leaves that port without complying; or

  (b)   the person:

  (i)   enters Australia otherwise than at a port; and

  (ii)   is required to comply with section   166; and

  (iii)   does not comply within the prescribed period for doing so.