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Migration Act 1958
No. 62, 1958
In force
Administered by
Department of Home Affairs
Superseded version
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C2026C00360 C30
20 December 1989
-
17 February 1991
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Part 1—Preliminary
1 Short title
2 Commencement
3 Repeal and savings
4 Interpretation
4A Act not to apply so as to exceed Commonwealth power
5 Act to extend to certain Territories
6 Certain resources installations to be part of Australia
7 Certain sea installations to be part of Australia
8 Certain children taken to enter Australia at birth
9 How a person stops being an exempt non-citizen
10 Visa applicable to 2 or more persons
11 Meaning of custody
12 Application of Part VA of the Marriage Act
13 Period of grace
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Part 2—Entry, presence and deportation of non-citizens
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Division 1—Control of entry into Australia
14 Illegal entrants
15 Exemptions
16 Minister may declare exempt non-citizens to be undesirable
17 Visa holders authorised to enter Australia in some circumstances
18 Effect of visa that authorised entry into Australia
19 Minister may declare pre-cleared flights
20 Circumstances in which non-citizens may become illegal entrants
21 Transitional provisions relating to Christmas Island
22 How an illegal entrant loses that status while remaining in Australia
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Division 2—Visas
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Subdivision A—General provisions
23 Regulations may provide for visas
24 Grant or refusal of visas
25 Visas not to be granted to certain deportees
26 Cancellation of visas
27 Certain persons taken to be included in spouse or parent’s visa
28 Minister may suspend processing of visa applications
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Subdivision B—The “points” system
29 Operation of Subdivision
30 Determination of applicant’s score
31 Initial application of “points” system
32 Minister may set pool entrance mark, priority mark and pass mark
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Division 3—Entry permits
33 Regulations may provide for entry permits
34 Grant or refusal of entry permits
35 Cancellation of entry permits
36 Restriction on applications for entry permits—review applied for
37 Restriction on applications for entry permits—review not applied for
38 Certain persons taken to be included in spouse or parent’s entry permit
39 Certain non-citizen children born in Australia taken to be included in parent’s entry permit
40 Minister may suspend processing of entry permit applications where applicants are in Australia
41 Operation of “points” system
42 Minister may set priority mark
43 Entry permits not to be granted to certain persons before entry into Australia
44 Entry permits not to be granted to certain persons after entry into Australia
45 Entry permits not to be granted to certain deportees
46 Entry permits not to be granted to persons outside Australia
47 Circumstances in which permanent entry permits may be granted to non-citizens after entry into Australia
48 Deportee not to be granted entry permit
49 Entry permit stops being in force upon departure from Australia
50 Application of Division to statutory visitors
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Division 4—Statutory visitors
51 Grant of visas to statutory visitors
52 Regulations may provide for entry permits
53 Circumstances in which entry permits may be granted to statutory visitors after entry into Australia
54 Application of provisions of Division 3
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Division 5—Deportation
55 Deportation of non-citizens present in Australia for less than 10 years who are convicted of crimes
56 Deportation of non-citizens upon security grounds
57 Deportation of non-citizens who are convicted of certain serious offences
58 Definition of permanent resident
59 Mandatory deportation of illegal entrants
60 Deportation of illegal entrants
61 Statutory visitors whose certificates are cancelled
62 Dependants of deportee
63 Deportation order to be executed
64 Duty of master etc. of vessel or installation which brought deportee to Australia to provide passage
65 Costs of deporting deportees
66 Costs of keeping deportees in custody
67 Orders restraining deportees and illegal entrants from disposing etc. of property
68 Secretary may give direction about valuables of deportee or illegal entrant
69 Dealing with seized valuables
70 Deportees to be received on board vessels
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Division 6—Duties of Masters in relation to Crews
71 Production of identity documents and mustering of crew
72 Production of identity documents by person in charge of resources installation
73 Production of identity documents by person in charge of sea installation
74 Master to report absences
75 Exemptions
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Division 7—Offences in relation to entry into, and remaining in, Australia
76 Carriage of persons to Australia without documentation
77 Offences in relation to entering into or remaining in Australia
78 Penalty on master, owner, agent and charterer of vessel
79 Stowaways
80 Persons concerned in bringing non-citizens secretly into Australia or harbouring illegal entrants
81 False papers etc.
82 Minister may require illegal entrant to leave Australia
83 Offences in relation to work
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Division 8—Examination, Search and Detention
84 Appointment of boarding stations
85 Vessels to enter ports and be brought to boarding stations
86 Exemption
87 Certain persons may be prevented from entering or landing
88 Custody of prohibited entrant during stay of vessel in port
89 Custody of prohibited entrant during stay of aircraft in Australia
90 Powers of entry and search
91 Searches of persons
92 Arrest of illegal entrant
93 Arrest of deportee
94 Operation of section 93 in relation to deportees held in other custody
95 Prescribed authorities
96 Persons in custody to have access to legal advice
97 Persons may be required to answer questions
98 Identification of persons in custody
99 Detention of vessel for purpose of search
100 Detention of vessel pending recovery of penalty
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Division 9—Regulation of conduct of third parties in connection with the making of decisions
101 Offences in relation to false or misleading statements regarding the making of decisions
102 Offence of undertaking, for reward, to cause decisions to be made etc.
103 Effect of contravention of section 101 or 102 on charging for services
104 Persons charged for services to be given detailed statement of services
105 Court may order reparation for loss suffered
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Division 10—General
106 Exemptions
107 Securities
108 Proof of certain matters recited in deportation orders
109 Averments
110 Reports of absences of crews of vessels
111 Proof of certain matters
112 Migrant centres
113 Detention centres
114 Secretary may issue documents containing information concerning certain persons
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Part 3—Review of decisions
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Division 1—Review of decisions
115 Internal review of certain decisions
116 Applications for review by Tribunal
117 Powers of review authority
118 Determinative powers
119 Recommendatory powers
120 Some decisions not reviewable
121 Review authority to consider all possible applications
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Division 2—Applications for review by Tribunal
122 Secretary to be notified of application for review
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Division 3—Exercise of Tribunal’s powers
123 Tribunal’s way of operating
124 Constitution of Tribunal for exercise of powers
125 Reconstitution of Tribunal
126 Exercise of Tribunal’s powers
127 Presiding member
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Division 4—Conduct of review
128 Documents to be given to the Tribunal
129 Review “on the papers”
130 Where review “on the papers” is not available
131 Applicant may request Tribunal to call witnesses
132 Powers of the Tribunal etc.
133 Presiding member may authorise another person to take evidence
134 Review to be in public
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Division 5—Decisions of Tribunal
135 Tribunal to record its decisions etc. and to notify parties
136 Tribunal decisions to be published
137 Minister may set aside Tribunal’s decision etc.
138 Appeal to Federal Court on question of law
139 Operation etc. of decision subject to appeal
140 Jurisdiction of Federal Court
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Division 6—Offences
141 Failure of witness to attend
142 Refusal to be sworn or to answer questions etc.
143 Contempt of Tribunal
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Division 7—Miscellaneous
144 Protection of members and persons giving evidence
145 Fees for persons giving evidence
146 Restrictions on disclosure of certain information etc.
147 Tribunal’s discretion in relation to disclosure of certain information etc.
148 Disclosure of confidential information
149 Tribunal may restrict publication of certain matters
150 Sittings of Tribunal
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Part 4—Immigration Review Tribunal
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Division 1—Establishment and Membership of the Immigration Review Tribunal
151 Establishment of the Immigration Review Tribunal
152 Appointment of members
153 Principal Member
154 Period of appointment of members
155 Remuneration and allowances of Principal Member
156 Remuneration and allowances of other members
157 Leave of absence
158 Other terms and conditions
159 Resignation
160 Disclosure of interests
161 Removal from office
162 Acting appointments
163 Delegation
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Division 2—Registries and officers
164 Registries
165 Officers of Tribunal
166 Acting appointments
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Part 5—Miscellaneous
167 Obstructing or deceiving person exercising powers etc. under this Act
168 Tampering with movement records
169 Notified data bases
170 Identification card to be deemed to continue to be in a form approved by the Minister
171 Offences in relation to escaping from custody
172 Commencement of prosecutions
173 Conduct of directors, servants and agents
174 Jurisdiction of courts
175 Minister may approve forms
176 Delegation
177 Delegate not required to perform certain administrative tasks
178 Exercise of powers under Act
179 Minister may give general policy directions
180 Review of decisions
181 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
Endnote 5—Repeal table
Endnote 6—Renumbering table
