# Visa holders must usually enter at a port

> act-s43 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

43 Visa holders must usually enter at a port
          (1) Subject to subsections (1A) and (3) and the regulations, a visa to
              travel to and enter Australia that is in effect is permission for the
              holder to enter Australia:
                (a) at a port; or
                (b) on a pre-cleared flight; or
                (c) if the holder travels to Australia on a vessel and the health or
                    safety of a person or a prescribed reason, make it necessary
                    to enter in another way, that way; or
                (d) in a way authorised in writing by an authorised officer.
        (1A) Subject to the regulations, a maritime crew visa that is in effect is
             permission for the holder to enter Australia:
              (a) at a proclaimed port; or
              (b) if the health or safety of a person, or a prescribed reason,
                  make it necessary to enter Australia in another way, that way;
                  or
              (c) in a way authorised by an authorised officer.
        (1B) Despite subsections 38B(1) and (2):
              (a) the holder of a maritime crew visa may enter Australia as
                  mentioned in paragraph (1A)(b) by air; and
              (b) the authorised officer may, for the purposes of
                  paragraph (1A)(c), authorise the holder to enter Australia by
                  air.
          (2) For the purposes of subsection (1), a holder who travels to and
              enters Australia on an aircraft is taken to have entered Australia
              when that aircraft lands.
          (3) This section does not apply to:
               (a) the holder of an enforcement visa; or
               (b) an Australian resident entering Australia on a foreign vessel
                    as a result of the exercise of powers under section 69 of the
                    Maritime Powers Act 2013 in relation to a fisheries detention
                    offence; or









                  (c) an Australian resident entering Australia on a vessel
                      (environment matters) as a result of an environment officer,
                      maritime officer or other person in command of a
                      Commonwealth ship or a Commonwealth aircraft:
                        (i) exercising his or her power under paragraph 403(3)(a)
                            of the Environment Protection and Biodiversity
                            Conservation Act 1999 in relation to the vessel; or
                       (ii) making a requirement of the person in charge of the
                            vessel under paragraph 403(3)(b) of the Environment
                            Protection and Biodiversity Conservation Act 1999; or
                      (iii) exercising powers under section 69 of the Maritime
                            Powers Act 2013 in relation to the vessel;
                      because the environment officer, maritime officer or person
                      in command had reasonable grounds to suspect that the
                      vessel had been used or otherwise involved in the
                      commission of an environment detention offence.
               Note:      Subsection 33(10) also disapplies this section.

          (4) In subsection (3):
               Australian resident has the same meaning as in the Fisheries
               Management Act 1991.
               Commonwealth aircraft has the same meaning as in the
               Environment Protection and Biodiversity Conservation Act 1999.
               Commonwealth ship has the same meaning as in the Environment
               Protection and Biodiversity Conservation Act 1999.

Subdivision AA—Applications for visas