Non‑citizens covered by Subdivision
(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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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