172Immigration clearance

172  Immigration clearance When a person is immigration cleared  (1) A person is immigration cleared if, and only if:  (a) the person:  (i) enters Australia at a port; and  (ii) complies with section 166; and  (iii) leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or  (b) the person:  (i) enters Australia otherwise than at a port; and  (ii) complies with section 166; and  (iii) leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or  (ba) the person:  (i) enters Australia by virtue of the operation of section 10; and  (ii) at the time of the person’s birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or  (c) the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or  (d) the person is in a prescribed class of persons. When a person is in immigration clearance  (2) A person is in immigration clearance if the person:  (a) is with an officer or at an authorised system for the purposes of section 166; and  (b) has not been refused immigration clearance. When a person is refused immigration clearance  (3) A person is refused immigration clearance if the person:  (a) is with a clearance officer for the purposes of section 166; and  (b) satisfies one or more of the following subparagraphs:  (i) the person has his or her visa cancelled;  (ii) the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a);  (iii) the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b);  (iv) the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer. When a person bypasses immigration clearance  (4) A person, other than a person who is refused immigration clearance, bypasses immigration clearance if:  (a) the person:  (i) enters Australia at a port; and  (ii) is required to comply with section 166; and  (iii) leaves that port without complying; or  (b) the person:  (i) enters Australia otherwise than at a port; and  (ii) is required to comply with section 166; and  (iii) does not comply within the prescribed period for doing so.