# Section 166 not usually to apply

> act-s169 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

169 Section 166 not usually to apply
          (1) If:
                (a) a person goes outside the migration zone; and
                (b) under section 80 is not taken to leave Australia;
              the person is not, on re-entering the migration zone, taken to enter
              Australia for the purposes of section 166 but may be directed by a
              clearance officer to comply with that section.

               International passenger cruise ships
          (2) However, subsection (1) does not apply if the person goes outside
              the migration zone on an international passenger cruise ship (see
              subsection (4)).
               Note:      The effect of this subsection is that people on international passenger
                          cruise ships are required to be immigration cleared under section 166
                          (unless the Minister or Secretary determines otherwise under
                          subsection (3) of this section).

          (3) However, the Minister or Secretary may, in writing, determine that,
              despite subsection (2), subsection (1) does apply to a class of
              persons that includes the person.








          (4) In this section, a ship is an international passenger cruise ship if:
                (a) the ship has sleeping facilities for at least 100 persons (other
                    than crew members); and
                (b) the ship is being used to provide a service of sea
                    transportation of persons from a place outside Australia to a
                    port in Australia; and
                (c) that service:
                      (i) is provided in return for a fee payable by persons using
                          the service; and
                     (ii) is available to the general public.
          (5) A determination made under subsection (3) is not a legislative
              instrument.