Migration Act 1958

Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if, the person is covered by subsection (1A) or (1B).

A transitory person is covered by this subsection if:

the person is an unauthorised maritime arrival who is brought to Australia from a regional processing country under section 198B or repealed section 198C for a temporary purpose; and

the person is detained under section 189; and

the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved).

Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019. It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment).

A transitory person (a transitory child) is covered by this subsection if:

a transitory person covered by subsection (1A) gives birth to the transitory child while in Australia; and

the transitory child is detained under section 189; and

the transitory child is a transitory person because of paragraph (e) of the definition of transitory person in subsection 5(1).

Subsection (1) of this section applies whether or not the transitory person has been assessed to be covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol.