# Bar on certain legal proceedings relating to unauthorised maritime arrivals

> act-s494AA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

494AA Bar on certain legal proceedings relating to unauthorised
        maritime arrivals
          (1) The following proceedings against the Commonwealth may not be
              instituted or continued in any court:
                (a) proceedings relating to an unauthorised entry by an
                     unauthorised maritime arrival;
                (b) proceedings relating to the status of an unauthorised maritime
                     arrival as an unlawful non-citizen during any part of the
                     ineligibility period;
                (c) proceedings relating to the lawfulness of the detention of an
                     unauthorised maritime arrival during the ineligibility period,
                     being a detention based on the status of the unauthorised
                     maritime arrival as an unlawful non-citizen;
                (d) proceedings relating to the exercise of powers under repealed
                     section 198A;
                (e) proceedings relating to the performance or exercise of a
                     function, duty or power under Subdivision B of Division 8 of
                     Part 2 in relation to an unauthorised maritime arrival.
          (2) This section has effect despite anything else in this Act or any
              other law.
          (3) Nothing in this section is intended to affect the jurisdiction of the
              High Court under section 75 of the Constitution.
          (4) In this section:
               Commonwealth includes:
                (a) an officer of the Commonwealth; and
                (b) any other person acting on behalf of the Commonwealth.










               ineligibility period means the period from the time of the
               unauthorised entry until the time when the person next ceases to be
               an unlawful non-citizen.
               unauthorised entry means an entry into Australia that occurs:
                (a) at an excised offshore place after the excision time for that
                    place; or
                (b) at any other place on or after the commencement of
                    section 5AA.