# Application of section 198AD to certain transitory persons

> act-s198AH — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

198AH Application of section 198AD to certain transitory persons
          (1) Section 198AD applies, subject to sections 198AE, 198AF and
              198AG, to a transitory person if, and only if, the person is covered
              by subsection (1A) or (1B).
        (1A) A transitory person is covered by this subsection if:
              (a) the person is an unauthorised maritime arrival who is brought
                   to Australia from a regional processing country under
                   section 198B or repealed section 198C for a temporary
                   purpose; and
              (b) the person is detained under section 189; and








                  (c) the person no longer needs to be in Australia for the
                      temporary purpose (whether or not the purpose has been
                      achieved).
               Note:      Section 198C was repealed by the Migration Amendment (Repairing
                          Medical Transfers) Act 2019. It provided for certain transitory persons
                          to be brought to Australia for a temporary purpose (including the
                          temporary purpose of medical or psychiatric assessment or treatment).

        (1B) A transitory person (a transitory child) is covered by this
             subsection if:
               (a) a transitory person covered by subsection (1A) gives birth to
                   the transitory child while in Australia; and
              (b) the transitory child is detained under section 189; and
               (c) the transitory child is a transitory person because of
                   paragraph (e) of the definition of transitory person in
                   subsection 5(1).
          (2) Subsection (1) of this section applies whether or not the transitory
              person has been assessed to be covered by the definition of refugee
              in Article 1A of the Refugees Convention as amended by the
              Refugees Protocol.