Non‑citizens covered by Subdivision
91C Non‑citizens covered by Subdivision
This Subdivision applies to a non‑citizen at a particular time if:
the non‑citizen is in Australia at that time; and
at that time, the non‑citizen is covered by:
the CPA; or
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
the non‑citizen is not excluded by the regulations from the application of this Subdivision.
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.
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