Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 91C

  (1)   This Subdivision applies to a non - citizen at a particular time if:

  (a)   the non - citizen is in Australia at that time; and

  (b)   at that time, the non - citizen is covered by:

  (i)   the CPA; or

  (ii)   an agreement, relating to persons seeking asylum, between Australia and a country that is, or countries that include a country that is, at that time, a safe third country in relation to the non - citizen (see section   91D); and

  (c)   the non - citizen is not excluded by the regulations from the application of this Subdivision.

  (2)   To avoid doubt, a country does not need to be prescribed as a safe third country at the time that the agreement referred to in subparagraph   (1)(b)(ii) is made.