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Migration Act 1958
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Administered by
Department of Home Affairs
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C2025C00579 C17
18 December 1986
-
31 January 1987
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Part I—Preliminary
1 Short title
2 Commencement
4 Repeal and savings
5 Interpretation
5A Act to extend to Territory of Christmas Island
5B Certain installations to be part of Australia
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Part II—Entry, presence and deportation of non-citizens
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Division 1—Entry Permits
6 Non-citizen not to enter Australia without entry permit
6AAA Status of non-citizen children born in Australia
6A Conditions on which entry permits may be granted to non-citizens 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 non-citizen 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 Deportation of non-citizens present in Australia for less than 10 years who are convicted of crimes
14 Deportation of non-citizens upon security grounds after report by Commissioner
14A Definition of permanent resident
16 Persons entering Australia to be prohibited non-citizens in certain circumstances
18 Deportation of prohibited non-citizens
19 Dependants of deportee
20 Deportation order to be executed
21 Duty of master, &c., of vessel or installation 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
23A Production of identity documents by person in charge of installation
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 non-citizens secretly into Australia or harbouring prohibited non-citizens
31 False papers, &c.
31A Minister or authorized officer may require prohibited non-citizen 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 non-citizens, &c, may be prevented from landing
36 Custody of prohibited non-citizen during stay of vessel in port
36A Custody of prohibited non-citizen during stay of aircraft in Australia
37 Powers of entry and search
38 Arrest of prohibited non-citizen
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—Migration Agents
46 Interpretation
47 Persons proposing to act as migration agents to give notice to Department
48 Minister may direct persons not to act as migration agents
49 Persons not to describe themselves as registered or approved migration agents
50 Maximum charges
51 Migration 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 matters
58 Migrant centres
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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
66E Review of decisions
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
