# Maritime crew visas

> act-s38B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.