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Posted

Ok, question about when you arrive in a new country:

 

Or, say you are coming into Oz (not a resident) and not yet completed immigration.

 

My question is when are you "in" Australia?

 

I'm guessing after going through immigration.

 

Ok, so what is the area between the plane and the other side of immigration called?

 

Who's rules (country) apply?

 

Some bloke was yabbing on about it and how it is "wrong" that as you are not in Oz, that Oz rules are applied.

 

Who's rules should be applied?

 

Thanks in advance.

 

 

Posted
Ok, question about when you arrive in a new country:Or, say you are coming into Oz (not a resident) and not yet completed immigration.

 

My question is when are you "in" Australia?

 

I'm guessing after going through immigration.

 

Ok, so what is the area between the plane and the other side of immigration called?

 

Who's rules (country) apply?

 

Some bloke was yabbing on about it and how it is "wrong" that as you are not in Oz, that Oz rules are applied.

 

Who's rules should be applied?

 

Thanks in advance.

Between the plane and immigration you are still in Australia, and Australian laws apply. You are in Australia when you enter Australian airspace or Australian waters. There is a whole bunch of zones, and I am not sure what part it becomes our federal jurisdiction but our territorial waters are 12nm to sea from the Territorial Sea Baseline (TSB, not sure I got the words right). The Exclusive Economic Zone is 200nm from the TSB.

 

EDIT: Just did a bit of reading: The laws apply from the Contiguous zone (CG) which is 24nm from the TSB.

 

 

Posted

Ok, thanks.

 

Not wanting to seem difficult, I shall re-word the question then, as I don't think I asked the right one originally anyway.

 

You "enter" Australia "way out there" but you still have to get through immigration.

 

Until then, what is the term used to describe "where" you are?

 

Because if you don't meet the "requirements" you can be denied entry to Oz. But if you are already "in Oz", it becomes a bit hard for me to understand.

 

Anyone?

 

 

Posted

You are "in transit"?

 

Isn't that what it is called when you are travelling to a country and change planes in another country on the way.

 

You do not enter the country and do not pass through customs. Just stay in the airport and change planes.

 

 

Posted

I'd say that you have not actually entered any country until you have been "Interviewed" by the country's immigration officials and given approval to enter. Usually that means you have been identified by reference to your passport and any entry visa has been checked to see that it is current. Then your passport is stamped to show that you have entered the country through an official entry point. If the interview reveals that you do not meet the entry requirements, then you are not allowed through the entry point. If the country you are trying to enter is the one you say is your destination, and your entry is denied, then you are not officially in the country. If you are changing planes, or your transport is having a quick stop, then officially you remain outside the country. If travelling by air, you are likely to go to a Transit lounge to wait to board a new aircraft, or the same one you were on.

 

It is just a matter of logistics and practicality that this process takes place in a building which is erected on the ground of a country.

 

 

Posted

When arriving to foreign shores by yacht you are not permitted to disembark until you have cleared customs and immigration. To do that you fly the yellow flag Q to request the attention of border control officers (use radio or phone as well these days, of course).

 

The history of the use of the yellow flag was originally to indicate contagion on board, hence the vessel was considered to be 'in Quarantine'. These days the yellow flag is flown to indicate that there is not sickness on board and the vessel is requesting a release from Quarantine and those on board be granted "free pratique" to visit or travel within the country.

 

Consequently, I think that while people are 'in transit' but within the bounds of a country's jurisdiction, they are 'in Quarantine' until they have been processed through customs and immigration and granted free pratique.

 

Similarly, goods which have arrived in the country (a shipping container, for example) is said to be 'in quarantine' until inspected by customs, bio-security, duties paid etc, before it is released to the owner.

 

Therefore I think the answer to the OP question is probably 'in Quarantine'.

 

 

  • Like 1
Posted

I think you are discussing procedures and laid down requirements for doing it in the proper way. ie Processing and documentation. Many aerodromes (all the main ones) are under the control of the Commonwealth government, not the state they are in.

 

Regular incoming flights are catered for by the system. Scheduled is easy and charter notifies which can hold you up if you don't give required notice. If you divert to a small aerodrome meeting the customs requirements can be difficult.

 

Physically I think you are here (or there) when you are actually there (within the defined territory) regardless of whether it's legal or otherwise and the LAW can effect you because you are there. If you are a bit further away (and not in the defined claimed area) you should be in international waters (airspace) where the jurisdiction doesn't apply. Foreign embassies are theoretically part of the country which operates the Embassy. Nev

 

 

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