Section 38B — Maritime crew visas

38B Maritime crew visas

(1) There is a class of temporary visas to travel to and enter Australia by sea, and to remain in Australia, to be known as maritime crew visas.

(2) Subject to subsection 43(1B), a maritime crew visa held by a non-citizen does not grant the non-citizen permission to travel to or enter Australia by air.

Note: However, a non-citizen might also hold another class of visa that allows the non-citizen to travel to and enter Australia by air.

(3) The Minister may make a written declaration, for the purposes of this section, that it is undesirable that a person, or any persons in a class of persons, travel to and enter Australia, or remain in Australia.

(4) If the Minister makes a declaration under subsection (3) in relation to a person, or a class of persons of which a person is a member, a maritime crew visa held by that person ceases to be in effect:

(a) if the Minister specifies a time in the declaration (which must be after the time when the declaration is made) as the time the declaration takes effect—at the time so specified; or

(b) if the Minister does not specify such a time in the declaration—at the end of the day on which the declaration is made.

Note: A maritime crew visa can also cease to be in effect under other sections (see for example section 82).

(5) If the Minister revokes a declaration made under subsection (4), the Minister is taken never to have made the declaration. Note: Under subsection 33(3) of the Acts Interpretation Act 1901, the Minister may revoke a declaration made under subsection (4).

(6) Despite subsection (5), any detention of the non-citizen that occurred during any part of the period:

(a) beginning when the Minister made the declaration; and

(b) ending at the time of the revocation of the declaration;

is lawful and the non-citizen is not entitled to make any claim against the Commonwealth, an officer or any other person because of the detention.