Section 91C — Migration Act 1958: 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.