91CNon‑citizens covered by Subdivision

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.