Effective protection measures
act-s5LA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

5LA Effective protection measures
          (1) For the purposes of the application of this Act and the regulations
              to a particular person, effective protection measures are available
              to the person in a receiving country if:
                (a) protection against persecution could be provided to the
                    person by:
                      (i) the relevant State; or
                     (ii) a party or organisation, including an international
                          organisation, that controls the relevant State or a
                          substantial part of the territory of the relevant State; and
                (b) the relevant State, party or organisation mentioned in
                    paragraph (a) is willing and able to offer such protection.
          (2) A relevant State, party or organisation mentioned in
              paragraph (1)(a) is taken to be able to offer protection against
              persecution to a person if:
               (a) the person can access the protection; and
               (b) the protection is durable; and
               (c) in the case of protection provided by the relevant State—the
                    protection consists of an appropriate criminal law, a
                    reasonably effective police force and an impartial judicial
                    system.