197Effect of escape from immigration detention

197  Effect of escape from immigration detention

  If a non‑citizen:

 (a) was in immigration detention; and

 (b) escaped from that detention; and

 (c) was taken back into that detention;

then, for the purposes of sections 194 and 195, the non‑citizen is taken not to have ceased to be in immigration detention.

Subdivision B—Residence determinations

197AA  Persons to whom Subdivision applies

  This Subdivision applies to a person who is required or permitted by section 189 to be detained, or who is in detention under that section.

197AB  Minister may determine that person is to reside at a specified place rather than being held in detention centre etc.

 (1) If the Minister thinks that it is in the public interest to do so, the Minister may make a determination (a residence determination) to the effect that one or more specified persons to whom this Subdivision applies are to reside at a specified place, instead of being detained at a place covered by the definition of immigration detention in subsection 5(1).

 (2) A residence determination must:

 (a) specify the person or persons covered by the determination by name, not by description of a class of persons; and

 (b) specify the conditions to be complied with by the person or persons covered by the determination.

 (3) A residence determination must be made by notice in writing to the person or persons covered by the determination.

197AC  Effect of residence determination

Act and regulations apply as if person were in detention in accordance with section 189

 (1) While a residence determination is in force, this Act and the regulations apply (subject to subsection (3)) to a person who is covered by the determination and who is residing at the place specified in the determination as if the person were being kept in immigration detention at that place in accordance with section 189.

 (a) a person covered by a residence determination is temporarily staying at a place other than the place specified in the determination; and

 (b) the person is not breaching any condition specified in the determination by staying there;

then, for the purposes of subsection (1), the person is taken still to be residing at the place specified in the determination.

Certain provisions do not apply to people covered by residence determinations

 (3) Subsection (1):

 (a) does not apply for the purposes of section 197 or 197A, or any of sections 252AA to 252E; and

 (b) does not apply for the purposes of any other provisions of this Act or the regulations that are specified in regulations made for the purposes of this paragraph.