Bar on certain legal proceedings relating to transitory persons
494AB Bar on certain legal proceedings relating to transitory persons
The following proceedings against the Commonwealth may not be instituted or continued in any court:
proceedings relating to the exercise of powers under section 198B;
proceedings relating to the status of a transitory person as an unlawful non‑citizen during any part of the ineligibility period;
proceedings relating to the detention of a transitory person who is brought to Australia under section 198B, being a detention based on the status of the person as an unlawful non‑citizen;
proceedings relating to the performance or exercise of a function, duty or power under Subdivision B of Division 8 of Part 2 in relation to a transitory person;
proceedings relating to the removal of a transitory person from Australia under this Act.
This section has effect despite anything else in this Act or any other law.
Nothing in this section is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.
In this section:
Commonwealth includes:
an officer of the Commonwealth; and
any other person acting on behalf of the Commonwealth.
ineligibility period means the period from the time when the transitory person was brought to Australia under section 198B until the time when the person next ceases to be an unlawful non‑citizen.
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