# Non-citizens covered by Subdivision

> act-s91C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

91C Non-citizens covered by Subdivision
          (1) This Subdivision applies to a non-citizen at a particular time if:
               (a) the non-citizen is in Australia at that time; and
               (b) at that time, the non-citizen is covered by:
                      (i) the CPA; or
                     (ii) an agreement, relating to persons seeking asylum,
                          between Australia and a country that is, or countries that
                          include a country that is, at that time, a safe third
                          country in relation to the non-citizen (see section 91D);
                          and
               (c) the non-citizen is not excluded by the regulations from the
                    application of this Subdivision.
          (2) To avoid doubt, a country does not need to be prescribed as a safe
              third country at the time that the agreement referred to in
              subparagraph (1)(b)(ii) is made.