Section 7 — Act to apply to all persons
Text of provision
(1) In this section, prescribed Territory means Norfolk Island, the Coral Sea Islands Territory, the Territory of Cocos (Keeling) Islands, the Territory of Christmas Island and the Territory of Ashmore and Cartier Islands.
(2) This Act extends to a prescribed Territory.
(3) Subject to this Act, a prescribed Territory:
(a) shall be deemed to be part of Australia for the purposes of this Act; and
(b) shall be deemed not to be a place outside Australia.
Plain English
Section 7 provides that the Act applies to all persons entering or present in Australia, including persons on the high seas in Australia's territorial waters and persons on Australian government vessels. The Act has extended application to acts and omissions outside Australia that are relevant to immigration status.
Certain persons are exempted from the Act's requirements — Australian citizens and certain holders of special category visas (e.g., New Zealand citizens on a subclass 444 visa) have exempt status under the Act.
Practical effect
The broad personal scope of the Migration Act means that virtually everyone who is not an Australian citizen is subject to the visa requirements, examination powers, and enforcement provisions. Non-citizens who are physically present in Australia must hold a valid visa or be subject to detention. The extraterritorial reach of the Act is relevant to offshore processing arrangements and the interdiction of vessels at sea.