# Visa essential for travel

> act-s42 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

42 Visa essential for travel
          (1) Subject to subsections (2), (2A) and (3), a non-citizen must not
              travel to Australia without a visa that is in effect.
               Note:      A maritime crew visa is generally permission to travel to Australia
                          only by sea (see section 38B).

          (2) Subsection (1) does not apply to an allowed inhabitant of the
              Protected Zone travelling to a protected area in connection with
              traditional activities.
        (2A) Subsection (1) does not apply to a non-citizen in relation to travel
             to Australia:
               (a) if the travel is by a New Zealand citizen who holds and
                   produces a New Zealand passport that is in force; or
               (c) if:
                     (i) the non-citizen is brought to the migration zone under
                         subsection 245F(9) of this Act or under Division 7 or 8
                         of Part 3 of the Maritime Powers Act 2013; and
                    (ii) the non-citizen is a person who would, if in the
                         migration zone, be an unlawful non-citizen; or
              (ca) if the non-citizen is brought to Australia under section 198B;
                   or
               (d) if:
                     (i) an attempt to remove the non-citizen under section 198
                         to another country was made but the removal was not
                         completed; and
                    (ii) the non-citizen travels to Australia as a direct result of
                         the removal not being completed; and
                   (iii) the non-citizen is a person who would, if in the
                         migration zone, be an unlawful non-citizen; or
              (da) if:










                        (i) the non-citizen has been removed under section 198 to
                            another country but the non-citizen does not enter the
                            other country; and
                       (ii) the non-citizen travels to Australia as a direct result of
                            not entering the other country; and
                      (iii) the non-citizen is a person who would, if in the
                            migration zone, be an unlawful non-citizen; or
                  (e) if:
                        (i) the non-citizen has been removed under section 198;
                            and
                       (ii) before the removal the High Court, the Federal Court or
                            the Federal Circuit and Family Court of Australia
                            (Division 2) had made an order in relation to the
                            non-citizen, or the Minister had given an undertaking to
                            the High Court, the Federal Court or the Federal Circuit
                            and Family Court of Australia (Division 2) in relation to
                            the non-citizen; and
                      (iii) the non-citizen’s travel to Australia is required in order
                            to give effect to the order or undertaking; and
                      (iv) the Minister has made a declaration that this paragraph
                            is to apply in relation to the non-citizen’s travel; and
                       (v) the non-citizen is a person who would, if in the
                            migration zone, be an unlawful non-citizen.
          (3) The regulations may permit a specified non-citizen or a non-citizen
              in a specified class to travel to Australia without a visa that is in
              effect.
          (4) Nothing in subsection (2A) or (3) is to be taken to affect the
              non-citizen’s status in the migration zone as an unlawful
              non-citizen.
               Note:      Section 189 provides that an unlawful non-citizen in the migration
                          zone must be detained.