# Bar on certain legal proceedings relating to transitory persons

> act-s494AB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

494AB Bar on certain legal proceedings relating to transitory
        persons
          (1) The following proceedings against the Commonwealth may not be
              instituted or continued in any court:
                (a) proceedings relating to the exercise of powers under
                     section 198B;
                (b) proceedings relating to the status of a transitory person as an
                     unlawful non-citizen during any part of the ineligibility
                     period;
                (c) proceedings relating to the detention of a transitory person
                     who is brought to Australia under section 198B, being a
                     detention based on the status of the person as an unlawful
                     non-citizen;
               (ca) 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 a transitory person;
                (d) proceedings relating to the removal of a transitory person
                     from Australia under this Act.
          (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 when the
               transitory person was brought to Australia under section 198B until
               the time when the person next ceases to be an unlawful non-citizen.