1
Compliance with Constitutional requirements.
(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely—
(a) the freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
(b) the right to privacy conferred by Section 49 of the Constitution; and
(c) the right to liberty of the person conferred by Section 42 of the Constitution; and
(d) protection from unjust deprivation of property conferred by Section 53(1) of the Constitution.
(2) For the purposes of Section 29 of the Organic Law on Provincial Government, it is declared that this law relates to a matter of national interest.
2
Interpretation.
In this Act, unless the contrary intention appears—
"Administrator" means the Administrator of a relocation centre or place of immigration detention appointed under Section 15D;
"authorised officer" when used in a provision of this Act, means the Chief Migration Officer or an officer authorised in writing by the Minister for the purposes of that provision;
"authorised person" when used in a provision of this Act, means a person, who is not an officer, who is authorised by the Minister or the Chief Migration Officer in writing for the purposes of that provision;
"Chief Migration Officer" is as defined by Section 2 of the Immigration and Citizenship Service Act 2010;
"child" includes a step child and lawfully adopted child;
"conveyance" means a vessel, aircraft and any other conveyance capable of being used to convey persons;
"dependant" means, in relation to a person, the spouse of that person, not living apart from that person under a decree of court or a deed of separation, and an unmarried child of that person under the age of 16 years;
"entry" means—
(a) in the case of a person arriving in the country by sea or air at a proclaimed port—leaving the precincts of that port; and
(b) in the case of any other arrival in the country—entry into the country by land, sea or air,
but does not include an entry—
(c) made for the purposes of complying with this Act; or
(d) expressly or impliedly sanctioned by an officer for the purposes of an enquiry or detention under this Act;
"entry permit" means an entry permit issued under Section 4—
(a) which has not expired, been cancelled or become invalid; and
(b) which was not obtained or issued in consequence of fraud or misrepresentation or the concealment or non-disclosure, whether intentional or inadvertent, of a material fact or circumstance;
"holder" means, in relation to an entry permit, a person permitted by that entry permit to enter the country;
"Immigration and Citizenship Service Authority" means the Authority established by Section 3 of the Immigration and Citizenship Service Authority Act 2010;
"immigration detention" means the administrative detention of a foreign national who is reasonably suspected of being in the country unlawfully but it is not arrest as defined in the Arrest Act (Chapter 339);
"member of the crew" means a person employed in the working of a conveyance;
"officer" means—
(a) Chief Migration Officer; or
(b) an employee of the Immigration and Citizenship Service Authority; or
(c) an officer for the purposes of the Customs Act; or
(d) a District Officer; or
(e) a commissioned officer of the Police Force; or
(f) a person authorized by the Minister to perform consular duties on behalf of the State outside the country;
"passenger" means a person carried in a conveyance, other than a member of the crew;
"passport" includes a document of identity issued from official sources, whether inside or outside the country, and having the characteristics of a passport;
"person in charge" means—
(a) in relation to a vessel—the master or person (except a pilot) having for the time being control or charge; and
(b) in relation to an aircraft—the pilot; and
(c) in the case of any other conveyance—the person having for the time being control or charge;
"place of immigration detention" means any established correctional facility or police lockup, or any other place designated as such by the Minister or an authorised officer;
"precincts of the port" means that part of the port at which customs and immigration formalities are conducted;
"proclaimed port" means—
(a) an aerodrome or a port within the meaning of the Customs Act; or
(b) any place proclaimed by the Minister by notice in the National Gazette to be a proclaimed port;
"refugee" means a non-citizen—
(a) permitted to remain in Papua New Guinea pending his settlement elsewhere; or
(b) determined by the Minister to be a refugee;
"relocation centre" means a place declared to be a relocation centre under Section 15B;
"repealed Act" means the Act specified in Schedule 1;
"removal order" means an order made under Section 12(1);
"rub-down search" means a search of a person conducted by quickly running the hands over the person's outer garments, and includes requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat and surrendering these items as well as any items carried by or carried in the pockets of the person for the purposes of search;
"this Act" includes the regulations;
"vessel" includes a ship or boat or other description of craft used in navigation.
3
Prohibition on entry without entry permit.
No person, other than a citizen, shall enter the country unless—
(a) he is the holder of an entry permit; or
(b) he is a person, or a member of a class or description of persons, exempted by the Minister under Section 20 from the requirement to hold an entry permit.
5
Conditions of entry.
An officer or authorized person may—
(a) issue an entry permit subject to conditions; and
(b) during the currency of an entry permit—
(i) make it subject to conditions; and
(ii) vary or cancel conditions to which it is subject.
