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Migration Act 1958
No. 62, 1958
In force
Administered by
Department of Home Affairs
Superseded version
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C2025C00538 C10
14 January 1981
-
22 January 1981
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Part I—Preliminary
1 Short title
2 Commencement
4 Repeal and savings
5 Interpretation
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Part II—Immigration and Deportation
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Division 1—Entry Permits
6 Immigrant not to enter Australia without entry permit
6A Conditions on which entry permits may be granted to immigrants after entry into Australia
7 Cancellation, expiration and renewal of entry permits
8 Exemptions
9 Entry permit to lapse upon departure from Australia
10 Person to cease to be prohibited immigrant if granted entry permit
11 Visa, &c., not to entitle persons to enter Australia
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Division 1A—Visas and Return Endorsements
11A Visas and return endorsements
11B Cancellation, expiration and renewal of visas and return endorsements
11C Carriage of persons to Australia without documentation
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Division 2—Deportation
12 Aliens convicted of crimes
13 Deportation of immigrants in respect of matters occurring within five years after entry
14 Certain persons may be deported after report by Commissioner
15 Re-entry not to be entry in certain cases
16 Persons entering Australia in certain circumstances to be prohibited immigrants
18 Deportation of prohibited immigrants
19 Dependants of deportee
20 Deportation order to be executed
21 Duty of master, &c., of vessel which brought deportee to Australia to provide passage
21A Deportation and maintenance costs
22 Deportees to be received on board vessels
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Division 3—Duties of Masters in relation to Crews
23 Production of identity documents and mustering of crew
24 Master to report absences
26 Exemptions
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Division 4—Offences in relation to entry into, and remaining in, Australia
27 Offences in relation to entering or remaining in Australia
28 Penalty on master, owner, agent and charterer of vessel
29 Stowaways
30 Persons concerned in bringing immigrants secretly into Commonwealth or harbouring prohibited immigrants
31 False papers, &c.
31A Minister or authorized officer may require prohibited immigrant to leave Australia
31B Offences in relation to work
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Division 5—Examination, Search and Detention
32 Appointment of boarding stations
33 Vessels to enter ports and be brought to boarding stations
34 Exemption
35 Prohibited immigrants, &c., may be prevented from landing
36 Custody of prohibited immigrant during stay of vessel in port
36A Custody of prohibited immigrant during stay of aircraft in Australia
37 Powers of entry and search
38 Arrest of prohibited immigrant
39 Arrest of deportee
40 Prescribed authorities
41 Persons in custody to have access to legal advice
42 Persons may be required to answer questions
43 Identification of persons in custody
44 Detention of vessel for purpose of search
45 Detention of vessel pending recovery of penalty
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Division 6—Immigration Agents
46 Interpretation
47 Persons proposing to act as immigration agents to give notice to Department
48 Minister may direct persons not to act as immigration agents
49 Persons not to describe themselves as registered or approved immigration agents
50 Maximum charges
51 Immigration agents liable to furnish particulars of fees, &c.
52 Undertaking to provide passage to be carried out within a reasonable time
53 Provisions relating to offences
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Division 7—General
54 Securities
55 Proof of certain matters recited in deportation orders
56 Averments
56A Reports of absences of crews of vessels
57 Proof of certain other matters
58 Immigrant centres
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Part III—Emigration of Certain Children
59 Definition
61 Preservation of State laws
62 Taking of certain children out of Australia prohibited
63 Obligations of owners, &c., of vessels
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Part IV—Miscellaneous
65 Obstructing or deceiving Minister or officers
65A Identification card to be deemed to continue to be in a form approved by the Minister
66 Institution of prosecutions
66A Offences in relation to escaping from custody
66B Commencement of prosecutions
66C Jurisdiction of courts
66D Delegation
67 Regulations
The Schedule—Acts relating to immigration and deportation repealed
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
