Migration Act 1958

An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons

Part 1—Preliminary

1 Short title

This Act may be cited as the Migration Act 1958.

2 Commencement

The several Parts of this Act shall come into operation on such dates as are respectively fixed by Proclamation.

3 Repeal and savings

(1) The Acts specified in the Schedule to this Act are repealed.

(2) Section 9 of the War Precautions Act Repeal Act 1920 and the heading to that section, and the Schedule to that Act, are repealed.

(3) The War Precautions Act Repeal Act 1920, as amended by this section, may be cited as the War Precautions Act Repeal Act 1920.

(4) Notwithstanding the repeals effected by this section:

(a) a certificate of exemption in force under the Immigration Act 1901 immediately before the date of commencement of this Part shall, for all purposes of this Act, be deemed to be a temporary entry permit granted under this Act to the person specified in the certificate and authorizing that person to remain in Australia for a period ending on the date on which the certificate would have expired if this Act had not been passed;

(5) For the purposes of paragraph (4)(a), where, before the commencement of this Part, a person who had previously entered Australia re‑entered Australia and, upon or after the re‑entry, a certificate of exemption purported to be issued to the person, the certificate shall be deemed to have been as validly issued as if the person had not previously entered Australia.

4 Interpretation

(1) In this Act, unless the contrary intention appears:

accompanying child, in relation to a deportee, means a dependent child of the deportee, if a deportation order has been made, whether under section 62 or another provision of this Act in respect of the child.

accompanying spouse, in relation to a deportee, means the spouse of the deportee, if a deportation order has been made under section 62 in respect of the spouse.

adjacent area means an adjacent area in respect of a State, of the Northern Territory, of the Territory of Ashmore and Cartier Islands, of the Territory of Cocos (Keeling) Islands or of the Territory of Christmas Island, as determined in accordance with section 5 of the Sea Installations Act.

aged parent means a parent who is old enough to be granted an age pension under the Social Security Act 1947.

applicable pass mark, in relation to an application for a visa of a particular class that is reconsidered pursuant to Subdivision B of Division 2 of Part 2, means the number of points specified, in a notice under section 32 in force at the time of the reconsideration, as the pass mark for the purposes of applications for visas of that class.

applicable pool entrance mark, in relation to a visa of a particular class, means the number of points specified as the pool entrance mark for that class in a notice under section 32 in force at the time concerned.

applicable priority mark means:

(a) in relation to a visa of a particular class—the number of points specified as the priority mark for that class in a notice under section 32 in force at the time concerned; and

(b) in relation to an entry permit of a particular class—the number of points specified as the priority mark for that class in a notice under section 42 in force at the time concerned.

approved form, when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision.

area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (11).

Australian passport means a passport issued under the Passports Act 1938.

Australian resources installation means a resources installation that is deemed to be part of Australia because of the operation of section 6.

Australian seabed means so much of the seabed adjacent to Australia as is:

(a) within the area comprising:

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of:

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory.

Australian sea installation means a sea installation that is deemed to be part of Australia because of the operation of section 7.

Australian waters means:

(a) in relation to a resources installation—waters above the Australian seabed; and

(b) in relation to a sea installation—waters comprising all of the adjacent areas and the coastal area.

authorised officer, when used in a provision of this Act, means an officer authorised in writing by the Minister or the Secretary for the purposes of that provision.

brought into physical contact has the same meaning as in the Sea Installations Act.

certified printout means a printout certified by an authorised officer to be a printout of information kept in the movement records.

coastal area has the same meaning as in the Customs Act 1901.

continental shelf has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967.

Coral Sea area has the same meaning as in the Petroleum (Submerged Lands) Act 1967.

crime includes any offence.

data base means a discrete body of information stored by means of a computer.

departure prohibition order means an order under subsection 14S(1) of the Taxation Administration Act 1953.

deportation means deportation from Australia.

deportation order means an order for the deportation of a person made under, or continued in force by, this Act.

deportee means a person in respect of whom a deportation order is in force.

diplomatic or consular representative, in relation to a country other than Australia, means a person who has been appointed to, or is the holder of, a post or position in a diplomatic or consular mission of that country in Australia, not being a person who was ordinarily resident in Australia when he or she was appointed to be a member of the mission.

enter includes re‑enter.

entered includes re‑entered.

entry includes re‑entry.

entry permit means permission to enter or remain in Australia.

environment related activity has the same meaning as in the Sea Installations Act.

exempt non‑citizen means a non‑citizen who is:

(a) a member of the armed forces of the Crown who enters or has entered Australia in the course of his or her duty;

(b) a diplomatic or consular representative of a country other than Australia, a member of the staff of such a representative or the spouse or dependant relative of such a representative;

(c) a person included in the complement of a vessel of the regular armed forces of a government recognised by the Commonwealth, who enters or has entered Australia with leave from that vessel during the vessel’s stay in a port;

(d) a person in relation to whom the following conditions are satisfied:

(i) the person is a member of the crew of a vessel other than:

(A) a prescribed vessel; or

(B) a vessel referred to in paragraph (c);

(ii) the person is not a prescribed crew member;

(iii) the person is entering or has entered Australia with leave from the vessel during the vessel’s stay in a port;

(iv) in the case of a person who enters Australia after the commencement of section 4 of the Migration Legislation Amendment Act 1989—when the person enters Australia, he or she does not intend to remain in Australia for more than 28 days;

(v) the master of the vessel has duly complied with the provisions of Division 6 of Part 2 that are applicable upon arrival of the vessel at the port;

(e) a person who is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 106(2), from the operation of subsection 14(1); or

(f) a person who is an inhabitant of the Protected Zone, not being a person who, at the time of entry, is or was a person to whom subsection 20(1) applies because of paragraph 20(1)(d), who is entering or has entered a part of Australia (being a part that is in the Protected Zone or in an area in the vicinity of the Protected Zone) in connection with the performance of traditional activities.

Federal Court means the Federal Court of Australia.

holder, in relation to an entry permit or visa, means the person to whom the permit or visa was granted, or a person who is taken to be included in the permit or visa.

identity document, in relation to a member of the crew of a vessel, means:

(a) an identification card, in accordance with a form approved by the Minister, in respect of the member signed by the master of the vessel; or

(b) a document, of a kind approved by the Minister as an identity document for the purposes of this Act, in respect of the member.

inhabitant of the Protected Zone means a person who is a citizen of Papua New Guinea and who is a traditional inhabitant.

installation means:

(a) a resources installation; or

(b) a sea installation.

master, in relation to a vessel or installation, means the person in charge or command of the vessel or installation.

member means a member of the Tribunal.

member of the crew means:

(a) in relation to a vessel other than an aircraft—the master of the vessel, or a person whose name is on the articles of the vessel as a member of the crew; or

(b) in relation to an aircraft—the master of the aircraft, or a person employed by the operator of the aircraft and whose name is included in a list of members of the crew of the aircraft furnished by the master as prescribed.

movement records means information stored in a notified data base.

natural resources means the mineral and other non‑living resources of the seabed and its subsoil.

non‑citizen means a person who is not an Australian citizen.

notified data base means a data base declared to be a notified data base under section 169.

officer means:

(a) an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph;

(b) a person who is an officer for the purposes of the Customs Act 1901, other than such an officer specified by the Minister in writing for the purposes of this paragraph;

(c) a person who is a protective service officer for the purposes of the Australian Protective Service Act 1987, other than such a person specified by the Minister in writing for the purposes of this paragraph;

(d) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or

(e) a member of the police force of an external Territory.

passport includes a document of identity issued from official sources, whether in or outside Australia, and having the characteristics of a passport.

period of grace, in relation to an illegal entrant, means the period worked out under section 13.

permanent entry permit means an entry permit that is not subject to any limitation as to the time the holder is authorised to remain in Australia.

port means a proclaimed port, a proclaimed airport, an Australian resources installation or an Australian sea installation.

pre‑cleared flight means a flight declared under section 19 to be a pre‑cleared flight.

prescribed means prescribed by the regulations.

presiding member, in relation to a review by the Tribunal, means:

(a) if the Tribunal is, for the purposes of the review, constituted by 2 or 3 members—the member who, in accordance with section 127, is to preside at the review; or

(b) if the Tribunal is, for the purposes of the review, constituted by one member—that member.

Principal Member means the Principal Member of the Tribunal.

printout means a mechanically or electronically made reproduction of part or all of the movement records.

proclaimed airport means:

(a) an airport appointed under section 15 of the Customs Act 1901; or

(b) an airport appointed by the Minister under subsection (4).

proclaimed port means:

(a) a port appointed under section 15 of the Customs Act 1901; or

(b) a port appointed by the Minister under subsection (4).

properly endorsed valid entry permit, in relation to a person to whom subsection 20(1) or (2) applies, means:

(a) a valid entry permit granted before the commencement of section 4 of the Migration Legislation Amendment Act 1989 that is endorsed with a statement that the person granting the entry permit recognises the holder of the entry permit to be a person to whom subsection 16(1) or (1AA) of this Act, as in force at any time before that commencement, applies; or

(b) a valid entry permit granted after the commencement of section 4 of the Migration Legislation Amendment Act 1989 that is endorsed pursuant to subsection 20(4) with a statement that the person granting the entry permit recognises the holder of the entry permit to be a person to whom subsection 20(1) or (2), as the case requires, applies for the reasons set out in a section 20 notice referred to in the endorsement, where those are the only reasons for which either of those last‑mentioned subsections applies to the person.

properly endorsed valid entry visa, in relation to a person to whom subsection 20(1) applies, means a valid visa, being an entry visa under section 17, that is endorsed with a statement that the Secretary recognises the holder of the visa to be a person to whom subsection 20(1) would apply, if the person entered Australia, for the reasons set out in a section 20 notice, where those are the only reasons for which subsection 20(1) applies to the person.

Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.

resources installation means:

(a) a resources industry fixed structure within the meaning of subsection (13); or

(b) a resources industry mobile unit within the meaning of subsection (14).

reviewable decision means a decision that is, because of regulations under subsection 115(1) or 116(1), reviewable by a review authority.

review authority means:

(a) a review officer; or

(b) the Tribunal.

review officer means:

(a) an officer of the Department prescribed for the purposes of this definition; or

(b) an officer of the Department included in a class of officers of the Department prescribed for the purposes of this definition.

review under Part 3 does not include an appeal to the Federal Court under section 138.

score means:

(a) in relation to an applicant for a visa—the total number of points given to the applicant pursuant to section 30 in the most recent assessment or re‑assessment under Subdivision B of Division 2 of Part 2; or

(b) in relation to an applicant for an entry permit—the total number of points given to the applicant pursuant to subsection 41(2).

sea installation has the same meaning as in the Sea Installations Act.

Sea Installations Act means the Sea Installations Act 1987.

Secretary means the Secretary to the Department.

section 20 notice means a notice given to the Secretary under subsection 20(3).

Senior Member means a Senior Member of the Tribunal.

statutory visitor means a non‑citizen who has travelled to Australia by virtue of a visa granted under section 51.

stowaway means a person who is or was on board a vessel at the time of the arrival of the vessel from a place outside Australia at a port or place in Australia and is not or was not:

(a) a bona fide passenger on the vessel; or

(b) a member of the crew of the vessel.

temporary entry permit means an entry permit that is subject to a limitation as to the time the holder is authorised to remain in Australia.

Territory, except in paragraph (9)(b), means:

(a) an internal Territory; or

(b) an external Territory to which this Act extends.

ticket includes a travel document in respect of the conveyance of a person from one place to another place.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.

traditional activities has the same meaning as in the Torres Strait Treaty.

traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.

Tribunal means the Immigration Review Tribunal established by section 151.

valid entry permit means an entry permit that:

(a) was granted under this Act, whether before or after the commencement of section 4 of the Migration Legislation Amendment Act 1989;

(b) has not been cancelled under this Act; and

and includes a visa that has effect as if it were an entry permit because of section 18, but does not include a visa or similar notation, or a form of provisional authority to enter Australia, issued, before 1 November 1979 on behalf of the Commonwealth.

valid permanent entry permit means a permanent entry permit that is a valid entry permit.

valid temporary entry permit means a temporary entry permit that is a valid entry permit.

valid visa means a visa that:

(a) was granted under this Act, whether before or after the commencement of section 4 of the Migration Legislation Amendment Act 1989;

(b) has not been cancelled under this Act; and

vessel includes an aircraft.

visa means permission to travel to Australia.

working day, in relation to a place, means any day that is not a Saturday, a Sunday or a public holiday in that place.

(2) Any power that may be exercised by an authorised officer or by an officer under this Act may also be exercised by the Minister.

(3) Where, in any provision of this Act, reference is made to the exercise of a power by an authorised officer or by an officer and that power is a power which, by virtue of subsection (2), may also be exercised by the Minister, that reference shall be construed as including a reference to the exercise of that power by the Minister.

(4) The Minister may, by notice published in the Gazette:

(a) appoint ports in an external Territory to which this Act extends as proclaimed ports for the purposes of this Act and fix the limits of those ports; and

(b) appoint airports in an external Territory to which this Act extends as proclaimed airports for the purposes of this Act and fix the limits of those airports.

(5) For the purposes of this Act, a person shall be deemed to enter Australia:

(a) in the case of a person arriving in Australia by a vessel other than an aircraft—when he or she disembarks from the vessel in Australia; or

(b) in the case of a person arriving in Australia by an aircraft—when he or she disembarks from the aircraft in Australia or, if he or she so disembarks at a proclaimed airport, when he or she leaves the airport;

whether or not the person intends to return to the vessel or aircraft.

(6) For the purposes of this Act, where a resources installation that has been brought into Australian waters from a place outside the outer limits of Australian waters becomes attached to the Australian seabed:

(a) the installation shall be deemed to have entered Australia at the time when it becomes so attached; and

(b) any person on board the installation at the time when it becomes so attached shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.

(7) For the purposes of this Act, where a sea installation that has been brought into Australian waters from a place outside the outer limits of Australian waters is installed in an adjacent area or in a coastal area:

(a) the installation shall be deemed to have entered Australia at the time that it becomes so installed; and

(b) any person on board the installation at the time that it becomes so installed shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.

(8) For the purposes of this Act, a person shall be deemed to have left Australia if he or she has gone outside the territorial limits of Australia.

(9) For the purposes of this Act, a person shall not be deemed to have entered or re‑entered Australia, or to enter or re‑enter Australia, where, having left Australia:

(a) the person returned or returns to Australia, within the prescribed time after the date on which he or she left Australia, in the vessel in which he or she left Australia after having remained, at all times during his or her absence from Australia, a passenger in, or a member of the crew of, that vessel; or

(b) the person returned or returns to Australia without having entered any country other than an external Territory to which this Act does not extend;

unless the person was, at the time when he or she left Australia, a person whose deportation had been ordered.

(10) In subsection (9), the prescribed time, in relation to a person, means:

(a) 30 days; or

(b) where, at the time when that person left Australia, there was in force an instrument under the hand of an authorised officer approving a longer time as the prescribed time in the case of that person or a class of persons in which that person was included—that longer time.

(11) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty to be an area in the vicinity of the Protected Zone for the purposes of this Act.

(12) For the purposes of this Act, an application under this Act is finally determined when either:

(a) a decision that has been made in respect of the application is not, or is no longer, subject to any form of review under Part 3; or

(b) a decision that has been made in respect of the application was subject to some form of review under Part 3, but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.

(13) A reference in this Act to a resources industry fixed structure shall be read as a reference to a structure (including a pipeline) that:

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off‑shore in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

(14) A reference in this Act to a resources industry mobile unit shall be read as a reference to:

(a) a vessel that is used or is to be used wholly or principally in:

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (i); or

(b) a structure (not being a vessel) that:

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off‑shore wholly or principally in:

(A) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(B) operations or activities associated with, or incidental to, activities of the kind referred to in sub‑subparagraph (A).

(15) A vessel of a kind referred to in paragraph (14)(a) or a structure of a kind referred to in paragraph (14)(b) shall not be taken not to be a resources industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.

(16) The reference in subparagraph (14)(a)(ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in subparagraph (14)(a)(i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in:

(a) transporting persons or goods to or from a resources installation; or

(b) manoeuvring a resources installation, or in operations relating to the attachment of a resources installation to the Australian seabed.

(17) A resources installation shall be taken to be attached to the Australian seabed if:

(a) the installation:

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation:

(i) is in physical contact with, or is brought into physical contact with, another resources installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

(18) Subject to subsection (20), for the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area if:

(a) the installation is in, or is brought into, physical contact with a part of the seabed in the adjacent area; or

(b) the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the adjacent area because of paragraph (a).

(19) For the purposes of this Act, a sea installation shall be taken to be installed in an adjacent area at a particular time if the whole or part of the installation:

(a) is in that adjacent area at that time; and

(b) has been in a particular locality:

(i) that is circular and has a radius of 20 nautical miles; and

(ii) the whole or part of which is in that adjacent area;

for:

(iii) a continuous period, of at least 30 days, that immediately precedes that time; or

(iv) one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.

(20) Where a sea installation, being a ship or an aircraft:

(a) is brought into physical contact with a part of the seabed in an adjacent area; or

(b) is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in an adjacent area;

for less than:

(d) in any other case—5 days;

it shall not be taken to be installed in that adjacent area under subsection (20).

(21) A sea installation shall not be taken to be installed in an adjacent area for the purposes of this Act unless it is to be taken to be so installed under this section.

(22) Subject to subsection (24), for the purposes of this Act, a sea installation shall be taken to be installed in a coastal area if:

(a) the installation is in, or is brought into, physical contact with a part of the seabed in the coastal area; or

(b) the installation is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in the coastal area because of paragraph (a).

(23) For the purposes of this Act, a sea installation (other than an installation installed in an adjacent area) shall be taken to be installed at a particular time in a coastal area if the whole or part of the installation:

(a) is in that coastal area at that time; and

(b) has been in a particular locality:

(i) that is circular and has a radius of 20 nautical miles; and

(ii) the whole or part of which is in that coastal area; for:

(iii) a continuous period, of at least 30 days, that immediately precedes that time; or

(iv) one or more periods, during the 60 days that immediately precede that time, that in sum amount to at least 40 days.

(24) Where a sea installation, being a ship or an aircraft:

(a) is brought into physical contact with a part of the seabed in a coastal area; or

(b) is in, or is brought into, physical contact with another sea installation that is to be taken to be installed in a coastal area;

for less than:

(d) in any other case—5 days;

it shall not be taken to be installed in that coastal area under subsection (22).

(25) A sea installation shall not be taken to be installed in a coastal area for the purposes of this Act unless it is to be taken to be so installed under this section.

(26) For the purposes of Division 9 of Part 2:

(a) a reference to a payment includes a reference to the transfer of property other than money; and

(b) if a payment is made by the transfer of property other than money, the amount paid shall be taken to be the money value of that property.

4A Act not to apply so as to exceed Commonwealth power

(1) Unless the contrary intention appears, if a provision of this Act:

(a) would, apart from this section, have an invalid application; but

(b) also has at least one valid application;

it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.

(2) Despite subsection (1), the provision is not to have a particular valid application if:

(a) apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or

(b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.

(3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).

(4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.

(5) In this section:

application means an application in relation to:

(a) one or more particular persons, things, matters, places, circumstances or cases; or

(b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;

invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power;

valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.

5 Act to extend to certain Territories

(1) In this section, prescribed Territory means the Coral Sea Islands Territory, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

(2) This Act extends to a prescribed Territory.

(3) Subject to this Act, a prescribed Territory:

(a) shall be deemed to be part of Australia for the purposes of this Act; and

(b) shall be deemed not to be a place outside Australia.

6 Certain resources installations to be part of Australia

(1) For the purposes of this Act, a resources installation that:

(a) becomes attached to the Australian seabed after the commencement of this subsection; or

(b) at the commencement of this subsection, is attached to the Australian seabed;

shall, subject to subsection (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

(2) A resources installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes of this Act, cease to be part of Australia if:

(a) the installation is detached from the Australian seabed, or from another resources installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

7 Certain sea installations to be part of Australia

(1) For the purposes of this Act, a sea installation that:

(a) becomes installed in an adjacent area or in a coastal area after the commencement of this subsection; or

(b) at the commencement of this subsection, is installed in an adjacent area or in a coastal area;

shall, subject to subsection (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

(2) A sea installation that is deemed to be part of Australia because of the operation of this section shall, for the purposes of this Act, cease to be part of Australia if:

(a) the installation is detached from its location for the purpose of being taken to a place outside the outer limits of Australian waters; or

(b) after having been detached from its location otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters.

8 Certain children taken to enter Australia at birth

A child who:

(a) was born in Australia; and

(b) was a non‑citizen when he or she was born;

shall be taken to have entered Australia when he or she was born.

9 How a person stops being an exempt non‑citizen

A person described in a paragraph of the definition of exempt non‑citizen in subsection 4(1) stops being an exempt non‑citizen if:

(a) where the person is described in paragraph (a) of that definition and is not a member of the Australian armed forces—the person becomes absent without leave or ceases to be a member of the armed forces of the Crown;

(b) where the person is described in paragraph (b) of that definition—the person stops being a person so described;

(i) the person remains in Australia after the vessel has left the port at which he or she entered, or last entered, Australia; or

(ii) before the vessel has so left, the person becomes absent without leave;

(d) where the person is described in paragraph (d) of that definition—after entering Australia, the person remains in Australia for more than 28 days;

(e) where the person is described in paragraph (e) of that definition—the person stops being a person so described, whether by his or her own act, by act of the Minister or otherwise;

(f) where the person is described in paragraph (f) of that definition:

(i) the person ceases to be an inhabitant of the Protected Zone;

(ii) the person remains in Australia otherwise than in connection with the performance of traditional activities; or

(iii) the person enters a part of Australia that is not in the Protected Zone or in an area in the vicinity of the Protected Zone; or

(g) except in the case of a person described in paragraph (b) of that definition—a declaration in relation to the person is made under section 16.

10 Visa applicable to 2 or more persons

Where:

(a) 2 or more persons who are the holders of the same visa travel to Australia on board the same vessel; and

(b) on arrival in Australia, one of those persons is in possession of that visa;

each of them shall, for the purposes of this Act, be taken to be in possession of that visa on arrival in Australia.

11 Meaning of custody

For the purposes of this Act, a person shall not be taken to be in custody under this Act, or in the custody of an officer, unless the person is:

(a) being held:

(i) in a detention centre established under this Act;

(ii) in a prison or remand centre of the Commonwealth, of a State or of a Territory;

(iii) in a police station or watch house; or

(iv) in another place approved by the Minister in writing; or

(b) in the company of, and restrained by:

(i) an officer; or

(ii) another person directed by the Secretary to accompany and restrain the person.

12 Application of Part VA of the Marriage Act

For the purpose of deciding whether a marriage is to be recognised as valid for the purposes of this Act, Part VA of the Marriage Act 1961 applies as if section 88E of that Act were omitted.

13 Period of grace

(1) The period of grace for a person who has become an illegal entrant:

(a) starts when the person becomes an illegal entrant; and

(b) ends when the total number of days that have passed since the period started, not counting excluded days, equals 28.

(2) In this section:

excluded day, in relation to a person who becomes an illegal entrant, means each day of any period:

(a) starting when the person applies, as permitted by or under this Act and in circumstances where section 34 applies, for an entry permit and ending when the person is notified of the decision on the application;

(b) starting when the person applies, as permitted by or under this Act and in accordance with the regulations for a review under Part 3 of a decision refusing him or her an entry permit and ending when the person is notified:

(i) where the review authority has determinative powers—of the decision on the review; or

(ii) where the review authority has recommendatory powers—of the making of a decision in response to the recommendation of the review authority; or

(c) starting when the person applies to the Federal Court, whether under this Act, the Judiciary Act 1903 or the Administrative Decisions (Judicial Review) Act 1977, for review of a decision refusing the person an entry permit and ending when the Federal Court gives its decision at first instance on that review;

other than a day on which a notice under section 40 is operating to stop the taking of action in relation to entry permits of the class concerned.

Part 2—Entry, presence and deportation of non‑citizens

Division 1—Control of entry into Australia

14 Illegal entrants

(1) On entering Australia, a non‑citizen becomes an illegal entrant unless:

(a) he or she is the holder of a valid entry permit; or

(b) the entry was authorised by section 17.

(2) Where a person to whom subsection 20(1) or (2) applies has entered Australia (whether before or after the commencement of this section) then, at and after that commencement, or that entry, whichever is later, the person is an illegal entrant at any time while he or she:

(a) remains in Australia;

(b) is not a citizen; and

(3) A non‑citizen who is the holder of a valid entry permit becomes an illegal entrant if he or she stops being the holder of a valid entry permit while he or she is in Australia.

(4) An exempt non‑citizen becomes an illegal entrant if:

(a) while he or she is in Australia, he or she stops being an exempt non‑citizen; and

(b) at that time, he or she is not the holder of a valid entry permit.

15 Exemptions

(1) Subsection 14(1) does not apply in relation to the entry into Australia of an exempt non‑citizen, not being a person in respect of whom a declaration is in force under section 16.

(2) Subsection 14(1) does not apply in relation to the entry into Australia of a statutory visitor.

16 Minister may declare exempt non‑citizens to be undesirable

The Minister may, in writing, declare, in relation to an exempt non‑citizen, that it is undesirable that the exempt non‑citizen be permitted to enter Australia or to remain in Australia.

17 Visa holders authorised to enter Australia in some circumstances

(1) The holder of an entry visa (not being a statutory visitor) may enter Australia after disembarkation at a proclaimed airport.

(2) The holder of an entry visa (not being a statutory visitor) may enter Australia if he or she:

(a) travelled to Australia on a pre‑cleared flight; and

(b) did not land in any other country after leaving the country of embarkation of that pre‑cleared flight and before arriving in Australia.

(3) Except as provided by subsection (1) or (2), a visa, whenever granted, does not entitle the holder of the visa to enter Australia or to be granted an entry permit.

(4) The Minister may, by instrument in writing, determine that this section applies to visas granted in a specified manner and form.

(5) In this section:

entry visa means:

(a) a valid visa that was granted, after the commencement of section 7 of the Migration Amendment Act (No. 2) 1988 but before the commencement of this section, in a manner and form specified in a determination in force under subsection 6AA(7) of this Act at the time of the grant; or

(b) a valid visa that was granted after the commencement of this section in a manner and form specified in a determination in force under subsection (4) at the time of the grant.

18 Effect of visa that authorised entry into Australia

Where the holder of an entry visa within the meaning of section 17 enters Australia pursuant to that section, the visa has effect, immediately after the holder’s entry, for all purposes as if it were an entry permit granted subject to any conditions, and to any limitation as to the time the holder is authorised to remain in Australia, that are specified in the visa.

19 Minister may declare pre‑cleared flights

The Minister may, in writing, declare a specified flight by an aircraft on a specified day between a specified foreign country and Australia to be a pre‑cleared flight for the purposes of section 17.

20 Circumstances in which non‑citizens may become illegal entrants

(1) This subsection applies to a person, being a non‑citizen, who has entered Australia, whether before or after the commencement of this section, if:

(a) the person evaded an officer for the purpose of entering Australia;

(b) when, or before, the person entered Australia, he or she:

(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry:

(A) a bogus document; or

(B) a passenger card containing information that was false or misleading in a material particular; or

(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of that entry, a statement that was false or misleading in a material particular;

(i) produced, or caused to be produced, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a bogus document; or

(ii) made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, in respect of the grant of that visa, a statement that was false or misleading in a material particular; or

(d) when the person entered Australia, the person was:

(i) suffering from a prescribed disease or a prescribed physical or mental condition;

(ii) a person who had been convicted of a crime and sentenced to death, to imprisonment for life or to imprisonment for a period of at least one year;

(iii) a person who had been convicted of 2 or more crimes and sentenced to imprisonment for a period totalling at least one year;

(iv) a person who had been charged with a crime and either:

(A) found guilty of having committed the crime while of unsound mind; or

(B) acquitted on the ground that the crime was committed while the person was of unsound mind;

(v) a person who has been deported from Australia or another country; or

(vi) a person who has been excluded from another country in prescribed circumstances.

(2) This subsection applies to a person, being a non‑citizen, who has entered Australia, whether before or after the commencement of this section, if:

(a) after entry, an entry permit has been granted to the person authorising the person to remain in Australia; and

(b) in respect of the grant of that entry permit:

(i) the person produced a bogus document, or caused a bogus document to be produced, to an officer or a person exercising powers or performing functions under this Act; or

(ii) the person made, or caused to be made, to an officer or a person exercising powers or performing functions under this Act, a statement that was false or misleading in a material particular.

(3) A person:

(a) to whom subsection (1) would apply if the person entered Australia; or

(b) to whom subsection (1) or (2) applies;

may give to the Secretary a notice in the prescribed form stating that the person is, for reasons specified in the notice, a person to whom the subsection concerned would apply, or applies, as the case requires.

(4) Where:

(a) a person has given the Secretary a section 20 notice; and

(b) a visa is granted to the person;

the person granting the visa must endorse the visa with a statement that he or she recognises the holder of the visa to be a person to whom subsection 20(1) applies or would apply for the reasons set out in the section 20 notice.

(5) Where:

(a) a person gives the Secretary a section 20 notice; and

(b) an entry permit is granted to the person;

the person granting the entry permit shall endorse the entry permit with a statement that he or she recognises the holder of the entry permit to be a person to whom subsection 20(1) or (2), as the case requires, applies for the reasons set out in the section 20 notice.

(6) Without limiting the generality of section 181, the regulations may make provision for visas and entry permits to be endorsed for the purposes of subsections (4) and (5) using codes or abbreviations.

(7) For the purposes of this section, the circumstances in which a person shall be taken to have evaded an officer include, but are not limited to, the circumstances set out in subsections (8) and (9).

(8) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if:

(a) the person entered Australia before 1 June 1959 while he or she was a member of the crew of, or a person included in the complement of, a vessel; and

(b) at the time of entering Australia, or at any time afterwards, the person deserted the vessel or became absent without leave.

(9) For the purposes of this section, a person shall be taken to have evaded an officer for the purpose of entering Australia if the person entered Australia (whether before or after the commencement of this section) at a place (other than an Australian resources installation or an Australian sea installation) where no officer (other than a member of a police force) was stationed.

(10) A reference in this section to a person producing, or causing to be produced, a bogus document is a reference to a person producing, or causing to be produced, a bogus document whether or not the person knew that the document was a bogus document.

(11) A reference in this section to a person producing, or causing to be produced, a passenger card containing information that was false or misleading in a material particular is a reference to a person producing, or causing to be produced, such a passenger card, whether or not the person knew that the information contained in it was false or misleading in a material particular.

(12) A reference in this section to a person making, or causing to be made, a statement that was false or misleading in a material particular is a reference to a person making, or causing to be made, such a statement, whether or not the person knew that the statement was false or misleading in a material particular.

(13) A person who has been convicted of a crime and ordered to be confined in a corrective institution other than a prison shall for the purposes of this section be taken to have been convicted of that crime and sentenced to imprisonment for the period equal to the period during which he or she was so confined.

(14) For the purpose of ordering the deportation of a person on the ground that the person is an illegal entrant because of subsection 14(2), the reference in this section to a prescribed disease shall be read as a reference to a disease, or a physical or mental condition, that is prescribed for the purposes of this section by regulations in force at the time when the person is ordered to be deported.

(15) In this section:

bogus document, in relation to a person, means an entry permit, certificate, passport, visa, identification card or any other document that:

(a) was not issued to the person;

(b) was forged or fraudulently altered; or

crime means an offence punishable:

(a) by death;

(b) by imprisonment for life; or

officer includes a person who was an officer for the purposes of the Immigration Restriction Act 1901.

visa includes:

(a) a visa or similar notation, or a form of provisional authority to enter Australia, that was issued on behalf of the Commonwealth before 1 November 1979; and

(b) a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia.

21 Transitional provisions relating to Christmas Island

(1) Where a person is deemed, because of subsection 12(1) of the Migration Amendment Act (No. 2) 1980, to have entered Australia as an immigrant within the meaning of the Migration Act 1958 as amended by the Migration Amendment Act (No. 2) 1980, subsection 14(2) does not apply in relation to that entry.

(2) Section 20 has effect in relation to a person who is the holder of a re‑entry permit within the meaning of section 12 of the Migration Amendment Act (No. 2) 1980, being a re‑entry permit that has not expired, as if paragraph (1)(d) of that section were omitted and the following paragraph were substituted:

“(d) when he or she made a request for the grant of an entry permit, the person was a person referred to in paragraph 12(7)(c), (d), (e), (f) or (g) of the Migration Amendment Act (No. 2) 1980.”.

22 How an illegal entrant loses that status while remaining in Australia

(1) A person who has become an illegal entrant otherwise than under subsection 14(2) stops being an illegal entrant if and when an entry permit or further entry permit is granted to the person, and not otherwise.

(2) A person who has become an illegal entrant under subsection 14(2) for a particular reason stops being an illegal entrant if and when there is granted to the person a properly endorsed valid entry permit, and does not otherwise stop being an illegal entrant.

Division 2—Visas

Subdivision A—General provisions

23 Regulations may provide for visas

(1) Without limiting the generality of section 181, the regulations may make provision:

(a) in relation to the granting and refusal of visas with respect to travel to Australia, including the granting of visas:

(i) subject to conditions; or

(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;

(b) for the recording and evidencing of visas;

(d) in relation to the cancellation of visas.

(2) Regulations made under subsection (1) may provide:

(a) for different classes of visas; and

(b) that, subject to section 28, a person is entitled to be granted a visa of a particular class if a person satisfies all the prescribed criteria in relation to that class.

(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed under Subdivision B.

(4) The conditions subject to which visas may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:

(a) the condition that if, because of section 18, the visa has effect as if it were an entry permit, it will be taken, in spite of section 18, not to be a valid entry permit for the purposes of section 47;

(b) the condition that, in spite of anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted an entry permit while he or she remains in Australia; and

(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:

(i) any work;

(ii) work other than specified work; or

(iii) work of a specified kind;

without the permission in writing of the Secretary.

(5) Except as otherwise provided in the regulation concerned, a regulation providing as mentioned in paragraph (2)(b) shall, unless it has been disallowed, be taken to be repealed 2 years after the day on which the regulation takes effect.

24 Grant or refusal of visas

(1) This section applies where, and only where:

(a) a person makes an application for a visa of a particular class in the approved form and in accordance with the regulations; and

(b) any fee payable in respect of the application is paid.

(2) Unless this section applies, the Minister:

(a) is not required to consider an application at all; and

(b) shall not in any circumstances grant a visa.

(3) Where it appears to the Minister that an applicant for a visa other than an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned, then:

(a) the Minister shall give the applicant written notice:

(i) stating that the Minister proposes to grant a visa; and

(ii) requiring the applicant to notify the Minister, as prescribed, if there has been any material change in his or her circumstances since the application was made; and

(b) if and only if the Minister becomes satisfied that there has been no material change in the applicant’s circumstances since the application was made, the Minister shall, subject to section 28, grant the visa.

(4) Where:

(a) an applicant is given a notice under paragraph (3)(a); and

(b) the applicant notifies the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;

the Minister shall reconsider the application having regard to that material change, including if necessary by reassessing the applicant’s score under section 30, to determine, whether for the purposes of subsection (3), the applicant is, at the time of the reconsideration, entitled under the regulations to be granted a visa of the class concerned.

(5) Where paragraph (3)(b) requires the Minister to grant a visa, the Minister:

(a) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and

(b) shall impose such conditions in connection with the grant of the visa as are required by the regulations.

(6) Where it appears to the Minister that an applicant for an exempt visa is, under the regulations, entitled to be granted a visa of the class concerned:

(a) the Minister shall, subject to section 28, grant the visa; and

(b) the Minister:

(i) may impose such conditions in connection with the grant of the visa as are permitted by the regulations; and

(ii) shall impose such conditions in connection with the grant of the visa as are required by the regulations.

(7) Except in a case where subsection 31(3) applies, where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted a visa of the class concerned, the Minister shall refuse to grant the applicant such a visa.

(8) Where it appears to the Minister, upon reconsideration of an application pursuant to regulations made under subsection 31(4), that the applicant:

(a) because of subparagraph 31(5)(b)(i), is to be taken not to have received the necessary score; and

(b) because of that is not, under the regulations, entitled to be granted a visa of the class concerned;

the Minister shall refuse to grant the applicant such a visa.

(9) For the purposes of this section and section 20, an applicant who:

(a) is given a notice under paragraph (3)(a); and

(b) does not notify the Minister, as required by that paragraph, that there has been a material change in his or her circumstances since the application was made;

shall be taken to have notified the Minister that there has been no material change in his or her circumstances since the application was made.

(10) In this section:

exempt visa means a visa included in a prescribed class of visas.

25 Visas not to be granted to certain deportees

(1) A visa shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 65 or 66.

(2) Nothing in subsection (1) prevents the grant of a visa to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.

(3) This section does not apply in relation to the granting of visas to statutory visitors.

26 Cancellation of visas

The Minister may at any time, in his or her absolute discretion, cancel a valid visa.

27 Certain persons taken to be included in spouse or parent’s visa

(1) Where:

(a) a person’s name is included in the passport or other document of identity of the person’s spouse; and

(b) the person accompanies his or her spouse to Australia (whether before or after the commencement of this section);

the person shall be taken to be included in any visa granted to the spouse and noted on the passport or other document of identity if, and only if, the person’s name is included in the visa.

(2) Where:

(a) the name of a child is included in the passport or other document of identity of a parent of the child; and

(b) the child accompanies that parent to Australia (whether before or after the commencement of this section);

the child shall be taken to be included in any visa granted to the parent and noted on the passport or other document of identity if, and only if, the child’s name is included in the visa.

28 Minister may suspend processing of visa applications

(1) The Minister may, by notice in the Gazette, determine that dealing with applications for visas of a specified class is to stop until a day specified in the notice (in this section called the resumption day).

(2) Where a notice under subsection (1) is published in the Gazette, no official shall take any action in relation to any application for a visa of the class concerned until the resumption day.

(3) A notice under this section does not have any effect in relation to an application for a visa made by a person on the ground that he or she is the spouse, child or aged parent of a person who:

(a) is an Australian citizen; or

(b) is the holder of a valid permanent entry permit.

(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse a visa if the decision had been made before the date of the notice concerned.

(5) In this section:

child, in relation to a person, means an unmarried child of the person, being a child who:

(a) has not turned 18; or

(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.

official means any person or body performing functions or exercising powers under or for the purposes of this Act.

Subdivision B—The “points” system

29 Operation of Subdivision

This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the necessary score when assessed as provided by this Subdivision.

30 Determination of applicant’s score

(1) The Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.

(2) In this section:

prescribed means prescribed by regulations in force at the time the assessment is made.

31 Initial application of “points” system

(1) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.

(2) An applicant whose score is less than the applicable pool entrance mark at the time when the score is assessed shall be taken not to have received the necessary score.

(3) Where an applicant’s score is more than or equal to the applicable pool entrance mark but less than the applicable priority mark at the time when the score is assessed, the Minister shall, unless the application is withdrawn, put it aside and deal with it in accordance with regulations made under subsection (4).

(4) The regulations may provide:

(a) for the Minister to reconsider an application that is put aside under subsection (3) after the Minister next gives a notice under section 32 specifying the pass mark in relation to the class of visas concerned;

(b) for such reconsideration to involve comparing the applicant’s score with that pass mark but not to involve re‑assessing that score; and

(5) Where an application for a visa of a particular class is reconsidered pursuant to regulations made under subsection (4):

(a) if the applicant’s score is more than or equal to the applicable pass mark—the applicant shall be taken to have received the necessary score; and

(b) if the applicant’s score is less than the applicable pass mark:

(i) if those regulations do not permit any further reconsideration of the application—the applicant shall be taken not to have received the necessary score; and

(ii) in any other case—the Minister shall put the application aside and continue to deal with it in accordance with those regulations.

(6) Where, in accordance with this section, the Minister puts an application aside, he or she shall be taken for all purposes not to have failed to make a decision about the application.

32 Minister may set pool entrance mark, priority mark and pass mark

(1) The Minister may, from time to time, by notice in the Gazette, specify, in relation to a class of visas, the pool entrance mark and the priority mark for the purposes of this Act and the regulations.

(2) The Minister may, from time to time, by notice in the Gazette, specify, in relation to applications for visas of a particular class, the pass mark for the purposes of this Act and the regulations.

(3) A notice under subsection (1) or (2) operates to revoke the previous notice under that subsection in relation to the same class of visas.

(4) The Minister shall cause copies of each notice under subsection (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette.

Division 3—Entry permits

33 Regulations may provide for entry permits

(1) Without limiting the generality of section 181, the regulations may make provision:

(a) in relation to the granting and refusal of entry permits, including the granting of entry permits:

(i) subject to conditions; or

(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;

(b) for the recording and evidencing of entry permits;

(d) in relation to the cancellation of entry permits that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.

(2) Regulations made under subsection (1) may provide:

(a) for different classes of entry permits; and

(b) that, subject to sections 40 and 45, a person is entitled to be granted an entry permit of a particular class if that person satisfies all the prescribed criteria in relation to that class.

(3) The criteria that may be prescribed include, but are not limited to, the criterion that the applicant receives the necessary score when assessed as provided by section 41.

(4) The conditions subject to which temporary entry permits may be granted pursuant to regulations made under paragraph (1)(a) include, but are not limited to:

(a) the condition that the temporary entry permit will be taken not to be a valid temporary entry permit for the purposes of section 47;

(b) where the temporary entry permit is granted to the person before entry into Australia—the condition that, in spite of anything else in this Act, the holder of the temporary entry permit will not, after entering Australia, be entitled to be granted another entry permit while he or she remains in Australia; and

(c) a condition imposing restrictions about the work that may be performed in Australia by the holder, including restrictions on performing:

(i) any work;

(ii) work other than specified work; or

(iii) work of a specified kind;

without the permission in writing of the Secretary.

34 Grant or refusal of entry permits

(1) This section applies where, and only where:

(a) a person makes an application for an entry permit of a particular class in accordance with the regulations; and

(b) any fee payable in respect of the application is paid.

(2) Unless this section applies, the Minister:

(a) is not required to consider an application at all; and

(b) shall not in any circumstances grant an entry permit.

(3) Where it appears to the Minister that the applicant is, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall, subject to this Division, grant the applicant such an entry permit.

(4) Where it appears to the Minister that the applicant is not, under the regulations, entitled to be granted an entry permit of the class concerned, the Minister shall refuse to grant such an entry permit.

35 Cancellation of entry permits

(1) The Minister may at any time, in his or her absolute discretion, cancel a valid temporary entry permit.

(2) Where, because of the operation of subsection 14(2), a person is an illegal entrant even though the person holds a valid entry permit, the entry permit shall be taken to have been cancelled:

(a) when the person entered Australia; or

(b) when the entry permit was granted;

whichever is later.

36 Restriction on applications for entry permits—review applied for

(1) A person to whom this section applies because of section 121 is not entitled to make any application for an entry permit while he or she remains in Australia unless:

(a) there has been a prescribed change in the person’s circumstances since the end of the period of 10 working days mentioned in subsections 121(3) and (4); and

(b) no deportation order has been made in respect of the applicant under section 59.

(2) Nothing in this section prevents a person making an application for an entry permit where:

(a) the person has been notified under subsection 121(2); and

(b) the application is made, pursuant to that notification, within 10 working days after the person is so notified.

37 Restriction on applications for entry permits—review not applied for

(1) This section applies to an illegal entrant who:

(a) has entered, and remains in, Australia;

(b) while in Australia, has been refused an entry permit; and

(2) Where this section applies to a person, the person is not entitled to make any further application for an entry permit while he or she remains in Australia unless:

(a) there has been a prescribed change in the person’s circumstances since he or she last applied for an entry permit; and

(b) no deportation order has been made in respect of that person under section 59.

38 Certain persons taken to be included in spouse or parent’s entry permit

(1) Where:

(a) a person’s name is included in the passport or other document of identity of the person’s spouse; and

(b) the person enters Australia (whether before or after the commencement of this section) in the company of his or her spouse;

the person shall be taken to be included in any entry permit granted to the spouse before the spouse’s entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.

(2) Where:

(a) the name of a child is included in the passport or other document of identity of a parent of the child; and

(b) the child enters Australia (whether before or after the commencement of this section) in the company of that parent;

the child shall be taken to be included in any entry permit granted to the parent before the parent’s entry and noted on that passport or other document of identity, unless the contrary is stated in the entry permit.

39 Certain non‑citizen children born in Australia taken to be included in parent’s entry permit

(1) This section applies to a child who:

(a) is born in Australia (whether before or after the commencement of this section); and

(b) is a non‑citizen when he or she is born.

(2) Where, at the time of birth:

(a) one of the child’s parents is the holder of a valid temporary entry permit; and

(b) the other parent:

(i) is not the holder of a valid entry permit; or

(ii) is, because of subsection 38(1), taken to be included in the valid temporary entry permit referred to in paragraph (a);

the child shall be taken to be included from the time of birth in the valid temporary entry permit referred to in paragraph (a).

(3) Where, at the time of birth, each of the child’s parents is the holder of a valid temporary entry permit, the child shall be taken to be included from the time of birth in each of the valid temporary entry permits.

40 Minister may suspend processing of entry permit applications where applicants are in Australia

(1) The Minister may, by notice in the Gazette, determine that dealing with applications for entry permits of a specified class made by persons who have entered, and remain in, Australia is to stop until a day specified in the notice (in this section called the resumption day).

(2) Where a notice under subsection (1) is published in the Gazette, no official shall take any action in relation to any application for an entry permit of the class concerned made by an applicant who has entered, and remains in, Australia until the resumption day.

(3) A notice under this section does not have any effect in relation to an application for an entry permit made by a person on the ground that he or she is the spouse, child or aged parent of a person who:

(a) is an Australian citizen; or

(b) is the holder of a valid permanent entry permit.

(4) Nothing in this section prevents a person taking action to implement a decision to grant or refuse an entry permit if the decision had been made before the date of the notice concerned.

(5) In this section:

child, in relation to a person, means an unmarried child of the person, being a child who:

(a) has not turned 18; or

(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.

official means any person or body performing functions or exercising powers under or for the purposes of this Act.

41 Operation of “points” system

(1) This section applies in relation to an application for an entry permit of a particular class where:

(a) the applicant has entered, and remains in, Australia; and

(b) one of the prescribed criteria in relation to an entry permit of that class is the criterion that the applicant receives the necessary score when assessed as provided by this section.

(2) The Minister shall make the assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant.

(3) An applicant whose score is more than or equal to the applicable priority mark at the time when the score is assessed shall be taken to have received the necessary score.

(4) An applicant whose score is less than the applicable priority mark at the time when the score is assessed shall be taken not to have received the necessary score.

42 Minister may set priority mark

(1) The Minister may, from time to time, by notice in the Gazette, specify, in relation to a class of entry permits, the priority mark for the purposes of this Act and the regulations.

(2) A notice under subsection (1) operates to revoke the previous notice under that subsection in relation to the same class of entry permits.

(3) The Minister shall cause copies of each notice under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after publication of the notice in the Gazette.

43 Entry permits not to be granted to certain persons before entry into Australia

An entry permit shall not be granted to a person before he or she enters Australia unless the person:

(a) is the holder of a valid visa; or

(b) is exempted from the operation of section 76 by an instrument under subsection 106(1).

44 Entry permits not to be granted to certain persons after entry into Australia

An entry permit shall not be granted to a non‑citizen who has entered Australia without an entry permit pursuant to an exemption under subsection 106(2) that specified as mentioned in subsection 106(3).

45 Entry permits not to be granted to certain deportees

(1) An entry permit shall not be granted to a person who has previously been deported from Australia if an amount is still payable by the person to the Commonwealth under section 65 or 66.

(2) Nothing in subsection (1) prevents the grant of an entry permit to a person if the Minister is satisfied that appropriate arrangements have been made for the payment of the amount concerned to the Commonwealth.

46 Entry permits not to be granted to persons outside Australia

An entry permit shall not be granted to a person unless the person is physically present in Australia.

47 Circumstances in which permanent entry permits may be granted to non‑citizens after entry into Australia

(1) A permanent entry permit shall not be granted to a non‑citizen after entry into Australia unless at least one of the following paragraphs applies to the non‑citizen:

(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;

(b) he or she:

(i) is the holder of a valid temporary entry permit; and

(ii) is the spouse or child of an Australian citizen or of the holder of a valid permanent entry permit;

(i) is the holder of a valid temporary entry permit; and

(ii) is the aged parent of an Australian citizen or of the holder of a valid permanent entry permit;

and the balance of his or her family is in Australia;

(d) he or she is the holder of a valid temporary entry permit and the Minister has determined, in writing, that the non‑citizen has the status of refugee within the meaning of:

(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or

(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967;

(e) he or she:

(i) is the holder of a valid temporary entry permit;

(ii) is authorised to work in Australia; and

(iii) is not a prescribed non‑citizen;

(f) he or she is the holder of a valid temporary entry permit and there are strong compassionate grounds for the grant of a permanent entry permit to him or her;

(g) he or she is the holder of a valid temporary entry permit and there are strong humanitarian grounds for the grant of a permanent entry permit to him or her.

(2) The Minister shall not delegate to any person the power to grant a permanent entry permit to a non‑citizen to whom paragraph (1)(a) applies (whether or not another paragraph of subsection (1) also applies to the non‑citizen).

(3) For the purposes of this section, the balance of an aged parent’s family shall be taken to be in Australia in prescribed circumstances.

(4) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted before 29 October 1979 shall be taken to be authorised to work in Australia if, in the application or last application to visit Australia made by the holder or on the holder’s behalf:

(a) where the application was made by the holder—the holder did not declare that he or she would not engage in employment in Australia; or

(b) where the application was made on the holder’s behalf—the person making the application did not declare that the holder would not engage in employment in Australia.

(5) For the purposes of this section but without limiting its generality, the holder of a valid temporary entry permit granted after 28 October 1979 shall be taken to be authorised to work in Australia if:

(a) the temporary entry permit was not granted subject to any condition imposing restrictions with respect to the work that may be performed by the holder in Australia;

(b) the temporary entry permit was granted subject to a condition imposing restrictions on the holder’s performing work other than specified work or work of a specified kind in Australia; or

(i) before the commencement of this section, subject to a condition imposing restrictions on the holder’s performing any work without the written permission of an authorised officer; or

(ii) after that commencement, subject to a condition imposing restrictions on the holder’s performing any work without the written permission of the Secretary;

and such permission has been given and has not been revoked.

(6) Where a temporary entry permit was granted before the commencement of this section subject to a condition as mentioned in subparagraph (5)(c)(i), the Secretary may, after the commencement:

(a) give permission for the purposes of that condition; and

(b) revoke any permission given by an authorised officer for the purposes of that condition.

(7) In this section:

child, in relation to a person, means an unmarried child of the person, being a child who:

(a) has not turned 18; or

(b) has turned 18 but has not turned 21, and has been determined by the Minister in writing to be an integral part of that person’s family.

non‑citizen does not include a statutory visitor.

prescribed non‑citizen means:

(a) the holder of a valid temporary entry permit who is included in a prescribed class of persons granted temporary entry permits to enable them to enter Australia for the purpose of engaging in study or training;

(b) the holder of a valid temporary entry permit who:

(i) is the spouse or a child of a person referred to in paragraph (a); and

(ii) was granted a temporary entry permit permitting him or her to enter Australia only because he or she was the spouse or child of that person; or

(c) the holder of a valid temporary entry permit who, immediately before the grant of that temporary entry permit, was a person of the kind referred to in paragraph (b) of the definition of exempt non‑citizen in subsection 4(1) or the spouse or dependent relative of such a person.

valid temporary entry permit does not include:

(a) a temporary entry permit granted subject to a condition set out in paragraph 33(4)(a) or (b); or

(b) a visa that, because of section 18, has effect as if it were an entry permit, being a visa granted subject to a condition set out in paragraph 23(4)(a) or (b).

48 Deportee not to be granted entry permit

An entry permit shall not be granted to a person while a deportation order is in force in respect of the person.

49 Entry permit stops being in force upon departure from Australia

An entry permit granted to a non‑citizen stops being in force when the non‑citizen leaves Australia, and has no further force.

50 Application of Division to statutory visitors

Except as provided by section 54, nothing in this Division applies in relation to the grant of entry permits to statutory visitors or in relation to entry permits granted to statutory visitors.

Division 4—Statutory visitors

51 Grant of visas to statutory visitors

(1) The Secretary to the Attorney‑General’s Department, or an officer of that Department authorised by that Secretary, may issue a certificate in writing stating that the presence of a specified non‑citizen in Australia is required for purposes connected with the Extradition Act 1988 or the Mutual Assistance in Criminal Matters Act 1987.

(2) Where the Minister is satisfied that a certificate is in force in relation to a person, the Minister shall grant to the person a visa with respect to travel to Australia by the person for the purposes referred to in subsection (1).

(3) Subject to subsection (4), the Secretary to the Attorney‑General’s Department, or an officer of that Department authorised by that Secretary, may cancel a certificate under subsection (1), but only on the ground that the presence of the non‑citizen in Australia is no longer required for the purposes referred to in that subsection.

(4) A certificate issued under subsection (1) shall not be cancelled before reasonable notice in writing has been given to the non‑citizen and the Minister.

52 Regulations may provide for entry permits

(1) Without limiting the generality of section 181, the regulations may make provision:

(a) in relation to the granting and refusal of entry permits to statutory visitors, including the granting of entry permits:

(i) subject to conditions; or

(ii) subject to a limitation as to the time the holder is authorised to remain in Australia;

(b) for the recording and evidencing of entry permits granted to statutory visitors;

(d) in relation to the cancellation of entry permits granted to statutory visitors that are granted subject to a limitation as to the time the holder is authorised to remain in Australia.

(2) Regulations made under subsection (1) may provide for different classes of entry permits.

53 Circumstances in which entry permits may be granted to statutory visitors after entry into Australia

(1) The Minister may grant an entry permit to a statutory visitor after entry into Australia if, and only if, at least one of the following paragraphs applies to the non‑citizen:

(a) he or she has been granted territorial asylum in Australia by instrument of a Minister;

(b) the Minister has determined, in writing, that the statutory visitor has the status of refugee within the meaning of:

(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or

(ii) the Protocol relating to the Status of Refugees that was done at New York on 31 January 1967.

(2) The Minister shall not delegate to any person the power to grant an entry permit to a statutory visitor to whom paragraph (1)(a) applies (whether or not paragraph (1)(b) also applies to the statutory visitor).

54 Application of provisions of Division 3

Sections 35, 39, 46 and 49 apply in relation to the grant of entry permits to statutory visitors and in relation to entry permits granted to statutory visitors.

Division 5—Deportation

55 Deportation of non‑citizens present in Australia for less than 10 years who are convicted of crimes

Where:

(a) a person who is a non‑citizen has, either before or after the commencement of this section, been convicted in Australia of an offence;

(b) at the time of the commission of the offence the person:

(i) was not an Australian citizen; and

(ii) had been present in Australia as a permanent resident for a period of less than 10 years or for periods that, in the aggregate, do not amount to a period of 10 years; and

(c) the offence is an offence for which the person was sentenced to death or to imprisonment for life or for a period of not less than one year;

the Minister may order the deportation of the person.

56 Deportation of non‑citizens upon security grounds

(1) Where:

(a) it appears to the Minister that the conduct (whether in Australia or elsewhere and either before or after the commencement of this subsection) of a non‑citizen (not being a person who has been present in Australia as a permanent resident for a period of at least 10 years or periods that, in the aggregate, amount to a period of at least 10 years) constitutes, or has constituted, a threat to the security of the Commonwealth, of a State or of an internal or external Territory; and

(b) the Minister has been furnished with an adverse security assessment in respect of the non‑citizen by the Organization, being an assessment made for the purposes of this subsection;

the Minister may, subject to this section, order the deportation of the non‑citizen.

(2) Where:

(a) subsection (1) applies in relation to a non‑citizen;

(b) the adverse security assessment made in respect of the non‑citizen is not an assessment to which a certificate given in accordance with paragraph 38(2)(a) of the Australian Security Intelligence Organization Act 1979 applies; and

(c) the non‑citizen applies to the Tribunal for a review of the security assessment before the end of 30 days after the receipt by the non‑citizen of notice of the assessment and the Tribunal, after reviewing the assessment, finds that the security assessment should not have been an adverse security assessment;

the Minister shall not order the deportation of the non‑citizen.

(3) Where:

(a) subsection (1) applies in relation to a non‑citizen;

(b) the adverse security assessment made in respect of the non‑citizen is an assessment to which a certificate given in accordance with paragraph 38(2)(a) of the Australian Security Intelligence Organization Act 1979 applies; and

the Minister shall not order the deportation of the non‑citizen unless, following the receipt by the Attorney‑General of the findings of the Tribunal, the Attorney‑General advises the Minister that the Tribunal has confirmed the assessment.

(4) A notice given by the Minister pursuant to subsection 38(1) of the Australian Security Intelligence Organization Act 1979 informing a person of the making of an adverse security assessment, being an assessment made for the purposes of subsection (1) of this section, shall contain a statement to the effect that the assessment was made for the purposes of subsection (1) of this section and that the person may be deported pursuant to this section.

(5) Notwithstanding section 55 of the Australian Security Intelligence Organization Act 1979, the Tribunal shall not extend beyond the period of 30 days referred to in that section the time within which a person may apply to the Tribunal for a review of an adverse security assessment made for the purposes of subsection (1) of this section.

(6) In this section:

adverse security assessment, security assessment and Tribunal have the same meanings as they have in Part IV of the Australian Security Intelligence Organization Act 1979.

Organization means the Australian Security Intelligence Organization.

57 Deportation of non‑citizens who are convicted of certain serious offences

(1) Where:

(a) a person who is a non‑citizen has, either before or after the commencement of this subsection, been convicted in Australia of an offence;

(b) at the time of the commission of the offence the person was not an Australian citizen; and

(i) an offence against section 24, 24AA, 24AB, 24C, 25 or 26 of the Crimes Act 1914;

(ii) an offence against;

(A) section 6 or 7 of that Act; or

(B) subsection 86(1) of that Act by virtue of paragraph (a) of that subsection;

being an offence that relates to an offence referred to in subparagraph (i); or

(iii) an offence against a law of a State or of any internal or external Territory that is a prescribed offence for the purposes of this subparagraph;

the Minister may, subject to this section, order the deportation of the person.

(2) The Minister shall not order the deportation of a non‑citizen under this section unless the Minister has first served on the non‑citizen a notice informing the non‑citizen that he or she proposes to order the deportation of the non‑citizen, on the ground specified in the notice, unless the non‑citizen requests, by notice in writing to the Minister, within 30 days after receipt by him or her of the Minister’s notice, that his or her case be considered by a Commissioner appointed for the purposes of this section.

(3) If a non‑citizen on whom a notice is served by the Minister under subsection (2) duly requests, in accordance with the notice, that his or her case be considered by a Commissioner appointed for the purposes of this section, the Minister may, by notice in writing, summon the non‑citizen to appear before a Commissioner specified in the notice at the time and place specified in the notice.

(4) A Commissioner for the purposes of this section shall be appointed by the Governor‑General and shall be a person who is or has been a Judge of a Federal Court or of the Supreme Court of a State or Territory, or a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of not less than 5 years’ standing.

(5) The Commissioner shall, after investigation in accordance with subsection (6), report to the Minister whether he or she considers that the ground specified in the notice under subsection (2) has been established.

(6) The Commissioner shall make a thorough investigation of the matter with respect to which he or she is required to report, without regard to legal forms, and shall not be bound by any rules of evidence but may inform himself or herself on any relevant matter in such manner as he or she thinks fit.

(7) Where a notice has been served on a non‑citizen under subsection (2), the Minister shall not order the deportation of the non‑citizen under this section unless:

(a) the non‑citizen does not request, in accordance with the notice, that his or her case be considered by a Commissioner;

(b) the non‑citizen, having been summoned under this section to appear before a Commissioner, fails so to appear at the time and place specified in the summons; or

(c) a Commissioner reports under this section in relation to the non‑citizen that he or she considers that the ground specified in the notice has been established.

58 Definition of permanent resident

(1) Where a person has been convicted of any offence (other than an offence the conviction in respect of which was subsequently quashed) the period (if any) for which the person was confined in a prison for that offence shall be disregarded in determining, for the purposes of section 55 and subsection 56(1), the length of time that that person has been present in Australia as a permanent resident.

(2) In section 55 and subsection 56(1):

permanent resident means a person (including an Australian citizen) whose continued presence in Australia is not subject to any limitation as to time imposed by law, but does not include:

(a) in relation to any period before 2 April 1984—a person who was, during that period, a prohibited immigrant within the meaning of this Act as in force at that time;

(b) in relation to any period starting on or after 2 April 1984 and ending before the commencement of this subsection—a person who was, during that period, a prohibited non‑citizen within the meaning of this Act as in force at that time; or

(c) in relation to any period after the commencement of this subsection—a person who is, during that period, an illegal entrant.

(3) For the purposes of this section:

(a) a reference to a prison includes a reference to any custodial institution at which a person convicted of an offence may be required to serve the whole or a part of any sentence imposed upon him or her by reason of that conviction; and

(b) a reference to a period during which a person was confined in a prison includes a reference to a period:

(i) during which the person was an escapee from a prison; or

(ii) during which the person was undergoing a sentence of periodic detention in a prison.

59 Mandatory deportation of illegal entrants

(1) An illegal entrant is liable to deportation if the period of grace for the illegal entrant has ended.

(2) Where the Minister, after following the prescribed procedures, is satisfied that a person is, under subsection (1), liable to deportation, the Minister shall, in writing, order the deportation of the person.

(3) A deportation order made under this section may not be revoked.

(4) A deportation order made under this section in relation to a person shall be taken to revoke any deportation order made under section 60 in relation to the person.

60 Deportation of illegal entrants

(1) The Minister may, after considering the prescribed matters and no other matters, order the deportation of a person who is an illegal entrant under any provision of this Act.

(2) In spite of any other provision of this Act, a deportation order made under this section shall not be executed before the period of grace for the person has ended.

61 Statutory visitors whose certificates are cancelled

(1) Where:

(a) a person has travelled to Australia by virtue of a visa granted under section 51;

(b) the person:

(i) is in Australia;

(ii) is not the holder of a valid entry permit; and

(iii) has not become an Australian citizen; and

the person shall be deemed to be an illegal entrant and the Minister shall be deemed to order the deportation of the person.

(2) The Minister has no power to revoke an order deemed to be made under subsection (1).

(3) In any proceedings in which it is alleged that subsection (1) applies or applied to a person at a particular time, a certificate of the Secretary stating that the first‑mentioned person is not, or was not, at that time an Australian citizen, or the holder of a valid entry permit, as the case requires, is admissible in the proceedings and is prima facie evidence of the matter stated.

(4) For the purposes of subsection (3), a document purporting to be a certificate referred to in subsection (3) shall, unless there is evidence to the contrary, be deemed to be such a certificate and to have been duly given.

62 Dependants of deportee

(1) Where the Minister makes or has made an order for the deportation of a person who has a spouse, the Minister may, at the request of the spouse of that person, order the deportation of:

(a) the spouse; or

(b) the spouse and a dependent child or children;

of that person.

(2) Where the Minister makes or has made an order for the deportation of a person who does not have a spouse but who does have a dependent child or children, the Minister may, at the person’s request, order the deportation of a dependent child or children of the person.

63 Deportation order to be executed

(1) Where the Minister has made an order for the deportation of a person, that person shall, unless the Minister, after considering the prescribed matters and no other matters, revokes the order, be deported accordingly.

(2) The validity of an order for the deportation of a person shall not be affected by any delay in the execution of that order.

64 Duty of master etc. of vessel or installation which brought deportee to Australia to provide passage

(1) Where the Minister has ordered the deportation of a person (not being a person referred to in subsection (4)) who:

(a) is an illegal entrant because of subsection 14(1);

(b) being a person to whom subsection 20(1) applies because of paragraph 20(1)(a), is an illegal entrant because of subsection 14(2); or

(c) being a person who has stopped being an exempt non‑citizen because of paragraph 9(c), is an illegal entrant because of subsection 14(4);

the Secretary may, by notice in writing, require the master, owner, agent or charterer of the vessel in which the deportee arrived in Australia to remove the deportee from Australia without charge to the Commonwealth.

(2) The Secretary may make a requirement under subsection (1) in respect of a deportee notwithstanding that such a requirement has previously been made by the Secretary in respect of that deportee, if the time for compliance with the previous requirement has expired and the deportee is still in Australia.

(3) Subject to subsection (7), where the Minister has:

(a) ordered the deportation of a person under section 55; or

(b) ordered the deportation of a person who, being a person to whom subsection 20(1) applies because of paragraph 20(1)(b) or (d), is an illegal entrant because of subsection 14(2);

the Secretary may, by notice in writing, require the master, owner, agent or charterer of the vessel in which the deportee arrived in Australia to provide, without charge to the Commonwealth, a passage for the deportee to the place at which he or she boarded the vessel when he or she came to Australia.

(4) Where:

(a) a person is deemed to have entered Australia because of subsection 4(6) or (7); and

(b) the Minister has:

(i) ordered the deportation of the person under section 55;

(ii) ordered the deportation of the person because he or she is an illegal entrant because of subsection 14(1); or

(iii) ordered the deportation of the person because he or she, being a person to whom subsection 20(1) applies because of paragraph 20(1)(a), (b) or (d), is an illegal entrant because of subsection 14(2);

the Secretary may, by notice in writing, require the master, owner, agent or charterer of the installation on which the deportee arrived in Australia to provide, without charge to the Commonwealth, a passage for the deportee to a place outside Australia.

(5) A person on whom a requirement has been made under subsection (1), (3) or (4) shall comply with the requirement within 30 days after receipt of the requirement or within such further time as the Minister allows, whether or not the deportee is able or willing to pay, or agrees to pay, a charge in respect of his or her passage.

Penalty: $5,000.

(6) It is a defence to a prosecution in respect of a failure to comply with a requirement under subsection (1) if the defendant proves that, after the date of the requirement, the defendant gave reasonable notice to the Secretary of his or her willingness to receive the deportee on board a specified vessel at a specified port on a specified date for removal from Australia and the deportee was not made available at that port on that date in the custody of an officer for placing on board that vessel.

(7) Where subsection (3) applies in relation to a deportee but the Minister is satisfied that the deportee will not or may not be permitted to re‑enter the place referred to in that subsection, the Minister shall exempt the persons on whom a requirement under that subsection has been or could be made from liability under the preceding provisions of this section in respect of the deportee if arrangements to the satisfaction of the Minister are made by all or any of those persons for payment to the Commonwealth of such sum as the Minister thinks reasonable in the circumstances in respect of the cost, or part of the cost, of a passage for the deportee to some other place outside Australia.

(8) Where a deportee in respect of whom a requirement has been made under this section is being maintained at the expense of the Commonwealth or of a State, the person on whom the requirement has been made is liable to pay to the Commonwealth a fair sum in respect of the cost of maintaining the deportee from the date on which the requirement was made until the deportee is placed on board the vessel or until an exemption is granted to that person under subsection (7) and, where any such sum is received by the Commonwealth in respect of the maintenance of a deportee at the expense of a State, the Commonwealth shall pay an amount equal to that sum to the State.

(9) The master, owner, agent or charterer of a vessel shall not be required, under subsection (1) or (3), to remove a deportee from Australia or to provide a passage for a deportee, and the master, owner, agent or charterer of an installation shall not be required, under subsection (4), to provide a passage for a deportee if:

(a) the passage money paid in respect of the conveyance of the deportee to Australia was paid, in whole or in part, by or on behalf of the Commonwealth;

(b) the deportee, when he or she came to Australia, was the holder of a passport endorsed by a person acting under the authority of the Commonwealth with a visa known as a resident visa;

(c) the deportee was, when he or she came to Australia, the spouse of, and in the company of, the holder of a passport so endorsed in which the deportee was named as the spouse of the holder; or

(d) the deportee, when he or she came to Australia, was under the age of 21 years and was in the company of the holder of a passport so endorsed in which the deportee was named as a child of the holder.

(10) In this section, a reference to the owner or charterer of the vessel in which a deportee arrived in Australia shall be read as a reference to the person who was the owner or charterer of the vessel at the time when that deportee arrived in Australia (whether or not that person continues to be the owner or charterer of the vessel), and a reference to the agent of such a vessel shall be read as a reference to the present agent of the person who, in accordance with the foregoing provisions of this subsection, is referred to as the owner or charterer of the vessel.

(11) In this section, a reference to the master of the vessel in which a deportee arrived in Australia shall, in relation to the making of a requirement on the master under this section, be read as a reference to the person who is the master of the vessel at the time when the requirement is made, but no such requirement shall be made on the master unless, at that time, the vessel is still owned or chartered by the person who was the owner or charterer of the vessel at the time when the deportee arrived in Australia.

65 Costs of deporting deportees

(1) Subject to this section, where the Commonwealth makes arrangements for the conveyance of a deportee from a place in Australia to a place outside Australia, the deportee is liable to pay the conveyance expenses to the Commonwealth.

(2) Where, under subsection (1), a deportee who is an accompanying spouse in relation to another deportee is liable to pay an amount to the Commonwealth, the first‑mentioned deportee and the other deportee are jointly and severally liable to pay the amount to the Commonwealth.

(3) Where, under subsection (1), a deportee who is an accompanying child in relation to another deportee would, but for this subsection, be liable to pay an amount to the Commonwealth, the following provisions have effect:

(a) if the other deportee has a spouse and that spouse is also a deportee—the other deportee and his or her spouse, rather than the first‑mentioned deportee, are jointly and severally liable to pay the amount to the Commonwealth;

(b) if paragraph (a) does not apply in relation to the other deportee—the other deportee, rather than the first‑mentioned deportee, is liable to pay the amount to the Commonwealth.

(4) The arrangements to which subsection (1) applies include arrangements made under section 70 but do not include arrangements made under section 64.

(5) Without limiting the manner in which the obligation of a deportee under this section may be fulfilled, that obligation may be fulfilled in whole or in part as provided in subsection (6).

(6) Where:

(a) the Commonwealth makes arrangements as mentioned in subsection (1) for the conveyance of a deportee to a place outside Australia; and

(b) the deportee, or another person, holds a ticket for the conveyance of the deportee from a place within Australia to a place outside Australia;

the Secretary may, on behalf of the ticket holder, and either with or without the consent of the ticket holder, arrange for the ticket to be applied for or towards the conveyance of the deportee to that first‑mentioned place.

(7) Arrangements for the application of a ticket made by the Secretary pursuant to subsection (6) are as effective as they would have been if they had been made by the ticket holder.

(8) Where the Secretary arranges for a ticket to be applied for or towards the conveyance of a deportee pursuant to subsection (6):

(a) if the application of the ticket meets the conveyance expenses in full—the liability under this section in respect of the deportee shall be taken to have been discharged; and

(b) in any other case—the liability under this section in respect of the deportee shall be taken to have been discharged to the extent of the amount credited to the conveyance expenses because of the application of the ticket.

(9) An amount payable by a deportee to the Commonwealth under this section may be recovered by the Commonwealth, as a debt due to the Commonwealth in a court of competent jurisdiction.

(10) This section does not apply unless the deportation order is executed.

(11) In this section:

conveyance expenses, in relation to the conveyance of a deportee from a place in Australia to a place outside Australia, means the amount of the passage money and other charges payable in respect of the conveyance.

66 Costs of keeping deportees in custody

(1) Subject to this section, a deportee who is being, or who has been, kept in custody under section 92 or 93 (whether or not as a deportee) is liable to pay the Commonwealth, in respect of each custody day in relation to the deportee, an amount equal to the daily maintenance amount for the custody day.

(b) if paragraph (a) does not apply in relation to the other deportee—the other deportee, rather than the first‑mentioned deportee, is liable to pay the amount to the Commonwealth.

(4) An amount is not payable to the Commonwealth under this section in respect of a custody day in relation to a deportee if another person, being a person on whom a requirement is or has been made under section 64, has paid, or is liable to pay, an amount to the Commonwealth in respect of the cost of maintaining the deportee on that day, or during a period that includes that day.

(5) The Minister may, by notice published in the Gazette, determine, in relation to each State and Territory, a daily maintenance amount in relation to the State or Territory.

(6) In making a determination under subsection (5) in respect of a State or Territory, the Minister shall have regard to the cost to the Commonwealth of persons kept in custody in that State or Territory on behalf of the Commonwealth.

(7) An amount payable by a deportee to the Commonwealth under this section may be recovered by the Commonwealth, as a debt due to the Commonwealth, in a court of competent jurisdiction.

(8) In this section:

custody day, in relation to a deportee, means a day during the whole of which the deportee is or was in custody (whether or not as a deportee) under section 92 or 93.

daily maintenance amount, in relation to a custody day in relation to a deportee, means the daily maintenance amount most recently determined by the Minister under subsection (5) before that day, in relation to the State or Territory in which the person was, on that day, in custody.

day means a period of 24 hours ending at midnight.

67 Orders restraining deportees and illegal entrants from disposing etc. of property

(1) Where, on an application by the Secretary relating to property of a deportee, a court is satisfied that:

(a) the deportee is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 65 or 66; and

(b) if the court does not make an order under this subsection there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the deportee is, or becomes, liable to pay to the Commonwealth under section 65 or 66;

the court may make an order restraining any dealing with the property, or such part of the property as is specified in the order.

(2) The Secretary may apply to a court for an order under subsection (1) in respect of:

(a) any of a deportee’s property that is in Australia; or

(b) specified property of a deportee that is in Australia.

(3) Where an application is made for an order under subsection (1), the court may, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.

(4) An order under subsection (1) has effect for the period specified in the order.

(5) A court may rescind, vary or discharge an order made by it under this section.

(6) A court may suspend the operation of an order made by it under this section.

(7) An order under subsection (1) may be made subject to such conditions as the court thinks fit and, without limiting the generality of this, may make provision for meeting, out of the property or a specified part of the property to which the order relates, either or both of the following:

(a) the deportee’s reasonable living expenses (including the reasonable living expenses of the deportee’s dependants (if any));

(b) reasonable legal expenses incurred by the deportee in relation to a matter arising under this Act.

(8) A person shall not, without reasonable excuse, contravene an order under this section.

Penalty: $5,000 or imprisonment for 2 years, or both.

(9) In this section:

court means a court of competent jurisdiction.

deportee includes an illegal entrant.

property means real or personal property of every description, whether tangible or intangible, that is situated in Australia, and includes an interest in any such real or personal property.

68 Secretary may give direction about valuables of deportee or illegal entrant

(1) This section applies in relation to a person who has been arrested under section 92 or 93 (in this section called the arrested person).

(2) Where the Secretary is satisfied that:

(a) the arrested person is an illegal entrant or a deportee;

(b) the arrested person is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 65 or 66; and

(c) if the Secretary does not give a notice under this section there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 65 or 66;

the Secretary may, in writing, notify the arrested person that his or her valuables are liable to be taken under this section.

(3) Where the Secretary gives a notice under subsection (2), subsections (4) to (13) apply.

(4) The Secretary shall cause a copy of the notice to be served on the arrested person as prescribed.

(5) At any time after a copy of the notice has been served on the arrested person and while the notice remains in force, the Secretary may take possession of any valuables that the Secretary believes, on reasonable grounds, to belong to the arrested person.

(6) A copy of the notice may be served on:

(a) any bank;

(b) any other financial institution; or

(7) A bank or other financial institution served with a copy of the notice shall not, while the notice remains in force, without the written consent of the Secretary, process any transaction attempted in relation to any account held by the arrested person, whether alone or jointly with another person or other persons, and whether for his or her own benefit or as a trustee.

Penalty: $5,000 or imprisonment for 2 years, or both.

(8) Where a copy of the notice is served on a person, not being a bank or other financial institution, who owes a debt to the arrested person, that first‑mentioned person shall not, while the notice remains in force, without the written consent of the Secretary, make any payment to the arrested person in respect of that debt.

Penalty: $5,000 or imprisonment for 2 years, or both.

(9) The notice stops being in force at the end of the third working day after it is given unless, before the end of that day, the Secretary has applied to a court for an order confirming the notice.

(10) A court shall, on application by the Secretary, confirm the notice if and only if it is satisfied:

(a) that the arrested person is an illegal entrant or a deportee;

(b) that the arrested person is liable, or may, on deportation, become liable, to pay the Commonwealth an amount under section 65 or 66; and

(c) that, if the court does not confirm the notice, there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the arrested person is, or becomes, liable to pay to the Commonwealth under section 65 or 66.

(11) If the court confirms the notice, the court may make an order directing the Secretary to make provision, whether by returning valuables to which the notice relates or otherwise, for the meeting of either or both of the following:

(a) the arrested person’s reasonable living expenses (including the reasonable living expenses of the arrested person’s dependants (if any));

(b) reasonable legal expenses incurred by the arrested person in relation to a matter arising under this Act.

(12) If the notice is confirmed by the court, it remains in force for such period, not exceeding 12 months, as is specified by the court.

(13) If the court refuses to confirm the notice, it thereupon stops being in force.

(14) The Secretary may issue to an officer a search warrant in accordance with the prescribed form.

(15) A search warrant shall be expressed to remain in force for a specified period not exceeding 3 months and stops being in force at the end of that period.

(16) An officer having with him or her a search warrant that was issued to him or her under subsection (14) and that is in force may, at any time in the day or night, and with such assistance, and using such reasonable force, as the officer thinks necessary:

(a) enter and search any building, premises, vehicle or place in which the officer has reasonable cause to believe there may be found any valuables to which a notice in force under this section relates; and

(b) may seize any such valuables found in the course of such a search.

(17) An officer who has seized valuables under subsection (16) shall deal with those valuables in accordance with the directions of the Secretary.

(18) For the purposes of the exercise of his or her powers under subsection (16) an officer may stop any vehicle.

(19) An officer who, in good faith, on behalf of the Secretary or as a delegate of the Secretary, does any act or thing for the purpose of the exercise of the power under subsection (5) to take possession of valuables is not liable to any civil or criminal action in respect of the doing of that act or thing.

(20) In this section:

court means a court of competent jurisdiction.

valuables includes:

(a) gold, jewellery, negotiable instruments, travellers cheques and cash; and

(b) bank books and other documentary evidence of debts owed to the arrested person.

69 Dealing with seized valuables

(1) Where the Secretary takes possession of valuables pursuant to subsection 68(5), the provisions of this section have effect.

(2) The Secretary shall arrange for the valuables to be kept until they are dealt with in accordance with a provision of this section, and shall ensure that all reasonable steps are taken to preserve the valuables while they are so kept.

(3) The Secretary shall arrange for the valuables to be returned to the person from whom they were taken if:

(a) the authorising notice stops being in force;

(b) the arrested person:

(i) being an illegal entrant who is not a deportee, stops being an illegal entrant;

(ii) being an illegal entrant who is a deportee, stops being a deportee and stops being an illegal entrant; or

(iii) being a deportee who is not an illegal entrant, stops being a deportee without becoming an illegal entrant;

(c) the arrested person is not, when the authorising notice is given, liable to pay an amount to the Commonwealth under section 65 or 66, and does not, within 6 months after the giving of that notice, becomes so liable; or

(d) all amounts that the arrested person is or becomes liable to pay to the Commonwealth under section 65 or 66 are paid to the Commonwealth.

(4) If, when the Secretary takes possession of valuables, the arrested person is liable under section 65 or 66 to pay an amount to the Commonwealth, the Secretary shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d):

(a) apply the valuables towards the payment of the amount owed to the Commonwealth; and

(b) return any surplus to the person from whom the valuables were taken.

(5) If, while valuables are being kept pursuant to subsection (2), the arrested person becomes liable under section 65 or 66 to pay an amount to the Commonwealth, the Secretary shall, unless he or she is required to arrange for the return of the valuables because of paragraph (3)(d):

(a) apply the valuables towards the payment of the amount owed to the Commonwealth; and

(b) return any surplus to the person from whom the valuables were taken.

(6) In this section:

arrested person means the person to whom the direction under section 68 applied.

authorising notice means the notice pursuant to which the Secretary took possession of the valuables.

70 Deportees to be received on board vessels

(1) The master, owner, agent or charterer of a vessel shall, on being required in writing by the Secretary so to do, receive a deportee on board for conveyance to a place specified in the requirement, being a place to which the vessel is bound, and also receive on board, for such time as is required by the Secretary, a person charged with the custody of the deportee.

Penalty: $5,000.

(2) For services rendered in pursuance of a requirement under subsection (1) in connection with the conveyance of a deportee to a place outside Australia, the Commonwealth is liable to pay:

(a) in the case of services rendered in respect of the deportee—the reasonable passage money and other charges for those services, less any amount paid by the deportee towards, or credited by reason of the application of a ticket towards, that passage money and those charges; and

(b) in the case of services rendered in respect of the person charged with the custody of the deportee—reasonable passage money (if any) and other charges for those services.

(3) The Secretary shall not make a requirement under subsection (1) unless he or she is satisfied on reasonable grounds that the deportee will be permitted to land at the place specified in the requirement, and it is a defence to a prosecution for a contravention of that subsection if the defendant proves that, if the requirement had been complied with, the deportee would not have been permitted to land at the place specified in the requirement.

Division 6—Duties of Masters in relation to Crews

71 Production of identity documents and mustering of crew

The master of a vessel, other than a vessel of the regular armed forces of a government recognized by the Commonwealth, which has entered Australia from overseas:

(a) shall, upon the arrival of the vessel at a port, have in his or her possession an identity document in respect of each member of the crew who is on board the vessel;

(b) shall, upon the arrival of the vessel at a port, if so required by an officer, produce to the officer the identity documents referred to in paragraph (a);

(c) shall, before the departure of the vessel from a port, if so required by an officer, muster the crew in the presence of the officer and produce to the officer the identity documents referred to in paragraph (a); and

(d) shall not, where a requirement has been made on him or her in accordance with paragraph (c), depart with the vessel from the port unless the requirement has been complied with.

Penalty: $2,000.

72 Production of identity documents by person in charge of resources installation

The person in charge of a resources installation that has been brought into Australian waters from a place outside the outer limits of Australian waters for the purpose of being attached to the Australian seabed:

(a) shall, upon the arrival of the installation at the place at which it is to be so attached, have in his or her possession an identity document in respect of each person on board the installation;

(b) shall, upon the arrival of the installation at the place at which it is to be so attached, if so required by an officer, produce to the officer the identity documents referred to in paragraph (a);

(c) shall, before the installation is detached from the Australian seabed, or from another resources installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters, if so required by an officer, produce an identity document in respect of each person who is on board the installation at the time when it is to be so detached; and

(d) shall not, where a requirement has been made of him or her under paragraph (c), cause the installation to depart from the place at which it was attached to the Australian seabed unless the requirement has been complied with.

Penalty: $2,000.

73 Production of identity documents by person in charge of sea installation

The person in charge of a sea installation that has been brought into Australian waters from a place outside the outer limits of Australian waters for the purpose of being installed in an adjacent area or in a coastal area:

(a) shall, upon the arrival of the installation at its proposed location, have in his or her possession an identity document in respect of each person on board the structure;

(b) shall, upon the arrival of the installation at its proposed location, if so required by an officer, produce to the officer the identity documents referred to in paragraph (a);

(c) shall, before the installation is detached from its location for the purpose of being taken to a place outside the outer limits of Australian waters, if so required by an officer, produce an identity document in respect of each person who is on board the installation at the time that it is to be so detached; and

(d) shall not, where a requirement has been made of him or her under paragraph (c), cause the installation to depart from its former location unless the requirement has been complied with.

Penalty: $2,000.

74 Master to report absences

Where a member of the crew of a vessel, other than a vessel of the regular armed forces of a government recognized by the Commonwealth, that has entered Australia from overseas was on board the vessel at the time of its arrival at a port and is absent from the vessel at the time of its departure from the port, the master of the vessel shall, at that departure:

(a) deliver to an officer a report in writing specifying the name of the member, stating that the member was a member of the crew of the vessel on board the vessel at the time of its arrival at that port and is absent from the vessel at the time of its departure from that port and further stating whether that member left the vessel at that port with leave or without leave; and

(b) on demand by an officer, deliver to the officer the identity document in respect of that member.

Penalty: $2,000.

75 Exemptions

(1) Where the Minister is satisfied that it is no longer necessary for the purposes of this Act that a provision of this Division should continue to apply in relation to a vessel, the Minister shall, by writing under his or her hand, exempt the master of that vessel from liability to comply with that provision.

(2) The Secretary may, by writing under his or her hand, exempt the master of a vessel in whole or in part from liability to comply with any of the provisions of section 71.

Division 7—Offences in relation to entry into, and remaining in, Australia

76 Carriage of persons to Australia without documentation

(1) The master, owner, agent, charterer and operator of a vessel on which a non‑citizen is brought into Australia on or after 1 November 1979 are each guilty of an offence against this section unless the person, on arrival in Australia:

(a) is in possession of a valid visa applicable to his or her travel to Australia on that occasion;

(b) is, or is included in a class of persons who are, for the time being exempted, by an instrument under subsection 106(1), from the operation of this section; or

(c) is a person described in paragraph (f) of the definition of exempt non‑citizen in subsection 4(1), other than a person in respect of whom a declaration is in force under section 16.

(2) A person who is guilty of an offence against this section is liable, upon conviction, to a fine not exceeding $5,000.

(3) In any proceeding for an offence against subsection (1), evidence that a person who arrived in Australia on board a vessel, on arrival, either:

(a) failed to produce to an officer, upon demand by that officer, a passport; or

(b) produced to an officer a passport that was not an Australian passport;

is prima facie evidence that the person was, on arrival, a non‑citizen.

(4) In any proceeding for an offence against subsection (1), evidence that a person who arrived in Australia on board a vessel failed, on arrival, to produce to an officer, upon demand by that officer, a valid visa applicable to that person’s travel to Australia on that occasion is prima facie evidence that the person was not, on arrival, in possession of such a visa.

(5) It is a defence to a prosecution for an offence against subsection (1) in relation to the bringing of a person into Australia on a vessel if it is established:

(a) that the person was, when he or she boarded or last boarded the vessel for travel to Australia, in possession of a visa granted under this Act applicable to his or her travel to Australia on that occasion, being a visa that:

(i) did not appear to have been cancelled; and

(ii) was expressed to continue in force until, or at least until, the date of the person’s expected arrival into Australia;

(b) that the master of the vessel had reasonable grounds for believing that, when the person boarded or last boarded the vessel for travel to Australia, the person was, or was included in a class of persons who were, for the time being exempted, by an instrument under subsection 106(1), from the operation of this section; or

(i) the illness of a person on board the vessel;

(ii) stress of weather; or

(iii) other circumstances beyond the control of the master.

(6) In any proceeding for an offence against this section, a certificate signed by the Secretary stating that, at a time, or during a period, specified in the certificate, a specified person was not exempted, by an instrument under subsection 106(1), from the operation of this section, is prima facie evidence that the person was not so exempted at that time or during that period.

(7) In this section:

vessel includes an installation.

77 Offences in relation to entering into or remaining in Australia

(1) A non‑citizen who:

(a) becomes an illegal entrant under subsection 14(1);

(b) becomes an illegal entrant under subsection 14(2) because he or she was previously deported from Australia;

(c) becomes an illegal entrant under subsection 14(2) because of the operation of paragraph 20(1)(b) or (c) or subsection 20(2) in relation to dishonest action taken by the person after the commencement of the Migration Amendment Act 1983;

(d) becomes an illegal entrant under subsection 14(3) because the valid entry permit held by the person expires; or

(e) becomes an illegal entrant under subsection 14(4) because the person stops being an exempt non‑citizen under paragraph 9(a), (c), (d) or (f);

is guilty of an offence against this Act punishable, on conviction, by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

(2) A deportee who has been placed on board a vessel for deportation shall not leave the vessel in Australia otherwise than in custody under this Act.

Penalty: $5,000 or imprisonment for 2 years, or both.

(3) It is a defence to a prosecution of a non‑citizen for an offence under paragraph (1)(c) if the non‑citizen satisfies the court that, after he or she became an illegal entrant, he or she again became the holder of a valid entry permit.

(4) A non‑citizen shall be taken not to be guilty of an offence because of paragraph (1)(d) or (e) if, at the time the non‑citizen becomes an illegal entrant as mentioned in the paragraph concerned, a departure prohibition order is in force in respect of the non‑citizen.

(5) Where:

(a) when a non‑citizen becomes an illegal entrant as mentioned in paragraph (1)(d) or (e), a departure prohibition order is in force in respect of the non‑citizen;

(b) the departure prohibition order is revoked; and

the non‑citizen is guilty of an offence punishable, on conviction, by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.

(6) The conviction of a person under this section does not prevent the making of an order for the deportation of that person or the further execution of a deportation order, as the case may be, and any imprisonment in respect of such a conviction shall cease for the purpose of deportation.

(7) Where a person is convicted of an offence under this section and appeals against the conviction, the person shall not be released on bail unless he or she finds 2 sureties, each in the sum of $10,000 and each approved by the Secretary, for the person’s appearance at the hearing of the appeal.

(8) The Secretary may issue a certificate certifying that, at a specified time or during a specified period, a departure prohibition order was not in force in respect of a specified person.

(9) A document purporting to be a certificate issued under subsection (8) shall be received in evidence in a court in proceedings for an offence under paragraph (1)(d) or (e) without further proof and is prima facie evidence of the matters stated in the document.

(10) In this section:

bogus document has the same meaning as in section 20.

dishonest action, in relation to a person, means:

(a) producing, or causing to be produced, a document that the person knew was a bogus document;

(b) producing, or causing to be produced, a document containing information that the person knew was false or misleading in a material particular; or

78 Penalty on master, owner, agent and charterer of vessel

Where:

(a) a person:

(i) enters Australia from a vessel; and

(ii) because he or she is not the holder of a valid entry permit, becomes upon entry an illegal entrant;

(b) a member of the crew of a vessel referred to in paragraph (d) of the definition of exempt non‑citizen in subsection 4(1) becomes an illegal entrant because of the operation of paragraph 9(c) or (d); or

(c) a deportee who has been placed on board a vessel for deportation leaves the vessel in Australia otherwise than in custody under this Act;

the master, owner, agent and charterer of the vessel shall each be deemed to be guilty of an offence against this Act punishable by a fine not exceeding $2,000.

79 Stowaways

(1) If a vessel having on board one or more stowaways comes into a port or place in Australia, the master, owner, agent and charterer of the vessel shall each be deemed to be guilty of an offence against this Act punishable by a fine not exceeding $5,000 for each stowaway.

(2) Subsection (1) does not apply in relation to a stowaway if the master of the vessel, forthwith after the arrival of the vessel at the port or place, gives notice to an officer that the stowaway is on board and prevents the stowaway from landing before an officer has had an opportunity of interrogating the stowaway.

80 Persons concerned in bringing non‑citizens secretly into Australia or harbouring illegal entrants

(1) A person shall not take any part in;

(a) the bringing or coming to Australia of a non‑citizen under circumstances from which it might reasonably have been inferred that the non‑citizen intended to enter Australia secretly or without the knowledge of an officer;

(b) the concealing of a non‑citizen with intent to enable him to enter Australia secretly or without the knowledge of an officer; or

(2) A person shall not:

(a) aid or incite another person to enter or remain in Australia in circumstances in which the other person would become an illegal entrant;

(b) aid or incite a person who. is an illegal entrant to remain in Australia; or

Penalty: $5,000 or imprisonment for 2 years, or both.

(3) For the purpose of subsection (2), a person shall not be taken to have aided an illegal entrant to remain in Australia merely because the person does an act or thing by way of making a request, supporting a request or assisting another person to make a request for the grant of an entry permit, or a further entry permit, permitting the illegal entrant to remain in Australia.

(4) A reference in subsection (2) to an illegal entrant does not include a reference to an illegal entrant in respect of whom a departure prohibition order is in force.

(5) The Secretary or an officer of the Department authorised by the Secretary to give certificates under subsection 83(6) may issue a certificate certifying that, at a specified time or during a specified period, a departure prohibition order was not in force in respect of a specified person.

(6) A document purporting to be a certificate issued under subsection (5) shall be received in evidence in a court in proceedings for an offence against subsection (2) without further proof and is prima facie evidence of the matters stated in the document.

81 False papers etc.

(1) A person shall not, in connexion with the entry, or proposed entry, of a non‑citizen (including that person himself or herself) into Australia or with an application for an entry permit or a further entry permit permitting a non‑citizen (including that person himself or herself) to remain in Australia;

(a) present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document which is forged or false;

(b) make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that, to the person’s knowledge, is false or misleading in a material particular; or

(d) deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise furnish, or cause to be furnished for official purposes of the Commonwealth, a document containing a statement or information that is false or misleading in a material particular.

(2) A person shall not transfer or part with possession of a document:

(a) with intent that the document be used to help a person, being a person not entitled to use it, to gain entry, or to remain in, Australia; or

(b) where the person has reason to suspect that the document may be so used.

Penalty: $5,000 or imprisonment for 2 years, or both.

82 Minister may require illegal entrant to leave Australia

(1) The Minister may, after considering the prescribed matters and no other matters, require a person who is an illegal entrant to leave Australia within the time specified by the Minister, and the person shall comply with that requirement unless, at the end of the time so specified, a departure prohibition order is in force in respect of the person.

Penalty: $5,000 or imprisonment for 2 years, or both.

(2) The Secretary may issue a certificate certifying that, at a specified time or during a specified period, a departure prohibition order was not in force in respect of a specified person.

(3) A document purporting to be a certificate issued under subsection (2) shall be received in evidence in a court in proceedings for an offence against subsection (1) without further proof and is prima facie evidence of the matters stated in the document.

83 Offences in relation to work

(1) Where a person who is the holder of a valid temporary entry permit that is subject to a condition of the kind referred to in paragraph 23(4)(c) or 33(4)(c) contravenes that condition, the person commits an offence against this subsection.

(2) Where a person who is an illegal entrant performs any work in Australia without the permission, in writing, of the Secretary, the person commits an offence against this subsection.

(3) Where:

(a) a certificate has been issued under section 51 in relation to a person;

(b) the person has not become an Australian citizen or the holder of a valid entry permit; and

the person commits an offence against this subsection.

(4) Where a person makes, in, or in connection with or in support of, an application to the Secretary for permission to work in Australia, a statement that is false in a material particular, that person commits an offence against this subsection.

(5) The penalty for an offence against subsection (1), (2), (3) or (4) is a fine not exceeding $5,000.

(6) In proceedings in a court for an offence against subsection (1), (2) or (3), a certificate of the Secretary:

(a) certifying that the person charged with the offence has not been given any permission for the purposes of this section to perform work in Australia;

(b) certifying that the person charged with the offence has not been given permission for the purposes of this section to perform work in Australia other than the permission a copy of which is attached to the certificate; or

(c) in the case of an offence against subsection (3)—certifying that the person charged with the offence has not become an Australian citizen or the holder of a valid entry permit, as the case requires;

is admissible in evidence in the proceedings and is prima facie evidence of the matters stated in the certificate.

(7) For the purposes of this section, a document purporting to be a certificate referred to in subsection (6) shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

(8) For the purposes of this section, a reference in a temporary entry permit, and the reference in subsection (2), to the performance of any work in Australia by a person, shall each be read as not including a reference to the performance by the person of any work of a prescribed kind or of work in prescribed circumstances.

Division 8—Examination, Search and Detention

84 Appointment of boarding stations

(1) The Governor‑General may, by Proclamation, appoint a place in a port to be the boarding station for that port for the purposes of this Act.

(2) Where a boarding station for a port is for the time being appointed or continued under the Customs Act 1901, that boarding station shall be deemed to be appointed under this section as the boarding station for that port for the purposes of this Act.

85 Vessels to enter ports and be brought to boarding stations

(1) The master of a vessel which has entered Australia from overseas shall not suffer the vessel to enter any place other than a port unless from stress of weather or other reasonable cause.

Penalty: $10,000.

(2) The master of a ship from overseas bound to or calling at a port:

(a) shall, if so required by the Secretary, bring the ship to for boarding under this Act at the boarding station appointed for that port; and

(b) shall not move the ship from that boarding station, except for the purpose of leaving that port, until permitted to do so by the Secretary.

Penalty: $10,000.

(3) The master of an aircraft from overseas arriving in Australia shall not suffer the aircraft to land at any other proclaimed airport until the aircraft has first landed:

(a) at such proclaimed airport for which a boarding station is appointed as is nearest to the place at which the aircraft entered Australia; or

(b) at such other airport for which a boarding station is appointed as has been approved by the Secretary, in writing, as an airport at which that aircraft, or a class of aircraft in which that aircraft is included, may land on arriving in Australia from overseas.

Penalty: $10,000.

(4) The master of an aircraft which is engaged on an air service or flight from a place overseas to a place in Australia:

(a) shall not suffer the aircraft to land at a proclaimed airport for which a boarding station is not appointed;

(b) shall, as soon as practicable after the aircraft lands at a proclaimed airport, bring the aircraft for boarding to the boarding station appointed for that airport; and

Penalty: $10,000.

(5) It is a defence to a prosecution for an offence against a provision of subsection (3) or (4) if the person charged proves that he or she was prevented from complying with the provision by stress of weather or other reasonable cause.

(6) While a vessel is at a boarding station, an officer may go and remain on board the vessel for the purposes of this Act.

(7) The master of a vessel shall do all things reasonably required by an officer to facilitate the boarding of the vessel under this section and the performance by the officer of duties for the purposes of this Act.

Penalty for any contravention of this subsection: $5,000.

86 Exemption

Where the Minister is satisfied that it is no longer necessary for the purposes of this Act that a provision of section 85 should continue to apply in relation to a vessel, the Minister shall, by writing under his or her hand, exempt the master of that vessel from liability to comply with that provision.

87 Certain persons may be prevented from entering or landing

(1) An officer may:

(a) prevent a person from entering Australia where that person would, if he or she so entered, be an illegal entrant; or

(b) prevent a deportee from leaving a vessel on which he or she has been placed;

and may take such action and use such force as are necessary for that purpose.

(1A) To avoid doubt, and without limiting the generality of subsection (1), if a person of a kind referred to in paragraph (1)(a) is on board a vessel (other than an aircraft), the actions that may be taken by an officer under subsection (1) include:

(a) requiring the vessel to travel to a port; and

(b) requiring the person to remain on the vessel until it arrives at the port.

(2) The master of a vessel may, in relation to persons on board the vessel, do all things which an officer is, under subsection (1), authorised to do.

88 Custody of prohibited entrant during stay of vessel in port

(1) Subject to subsection (1AA), a person who is on board a vessel at the time of the arrival of the vessel at a port, whether or not that port is the first port of call of the vessel in Australia, being a stowaway or a person whom an authorized officer reasonably believes to be seeking to enter Australia in circumstances in which he would become a prohibited non‑citizen (in this section referred to as the prohibited non‑citizen), may—

(a) if an authorized officer so directs; or

(b) if the master of the vessel so requests and an authorized officer approves,

be kept in such custody as an authorized officer directs at such place as the authorized officer directs until the departure of the vessel from its last port of call in Australia or until such earlier time as an authorized officer directs.

(1A) Subject to subsection (1AA), where a person, not being a person exempted, by instrument under the hand of the Minister, from the requirements of Division 1A, who has travelled to a port in Australia on board a vessel, whether or not that port is the first port of call of the vessel in Australia, has, after the arrival of the vessel at its first port of call in Australia, sought and been refused an entry permit, he may, if an authorized officer so directs, be kept in such custody as an authorized officer directs at such place as the authorized officer directs until the departure of the vessel from its last port of call in Australia or until such earlier time as an authorized officer directs.

(1AA) If a person is taken into custody under subsection (1) or (1A) and the vessel referred to in the subsection concerned:

(a) is destroyed before leaving Australia or for any other reason will not, or is unlikely to, leave Australia; or

(b) both:

(i) was not the vessel on board which the person last left another country prior to the person’s arrival at the port referred to in that subsection; and

(ii) arrived at that port with the person on board without having entered any other country since last leaving a port (whether or not the same port) in Australia;

the person may be kept in custody under that subsection until:

(d) the end of such period as is necessary to remove the person from Australia after:

(i) the person asks the Minister, in writing, to be removed from Australia; or

(ii) all applications by the person to remain in Australia have been refused and any associated appeals or reviews have been finalised; or

(iii) all consideration of whether the person will be permitted to remain in Australia has been otherwise concluded; or

(e) such earlier time as an authorised officer directs.

(1AB) For the purposes of subsections (1) and (1A), a person is taken not to have entered Australia before arriving at a port on board a vessel if:

(a) every entry into Australia by the person before that arrival consists of the person temporarily disembarking from the vessel (other than at a port); and

(b) after the temporary disembarkation, the person re boards the vessel and later arrives at the port on board the vessel.

(2) A person in custody under subsection (1) or (1A) may be returned to the vessel or, with the consent of the master of another vessel, placed on board that other vessel, at any time by an officer.

(3) The master, owner, agent and charterer of the vessel are, jointly and severally, liable to pay to the Commonwealth a fair sum for the cost of keeping and maintaining the prohibited non‑citizen while he is kept in custody in pursuance of subsection (1) or subsection (1A) and the cost of transporting the prohibited non‑citizen, and a custodian of the prohibited non‑citizen, from the vessel to the place of custody and, if the prohibited non‑citizen is returned to the vessel or another vessel, from the place of custody to the vessel or that other vessel.

(4) A person shall not, for the purposes of this Act, be deemed to have entered Australia by reason only of his having been taken ashore in pursuance of subsection (1) or subsection (1A).

(5) In this section, vessel does not include aircraft.

89 Custody of prohibited entrant during stay of aircraft in Australia

(1) A person who is on board an aircraft at the time of the arrival of the aircraft at a proclaimed airport, whether or not that airport is the first port of call of the aircraft in Australia, being a stowaway or a person whom an authorised officer reasonably believes to be seeking to enter Australia in circumstances in which the person would become an illegal entrant, may:

(a) if an authorised officer so directs; or

(b) if the master of the aircraft so requests and an authorised officer approves;

be taken off the aircraft by an officer and kept in such custody, either at the proclaimed airport or elsewhere, as an authorised officer directs until such time as the person is removed from Australia in accordance with subsection (4) or until such earlier time as an authorised officer directs.

(2) A person who disembarks from an aircraft at a proclaimed airport, whether or not that airport is the first port of call of the aircraft in Australia, being a stowaway or a person whom an authorised officer reasonably believes to be seeking to enter Australia in circumstances in which the person would become an illegal entrant, may, at any time before the person leaves the airport:

(a) if an authorised officer so directs; or

(b) if the master of the aircraft so requests and an authorised officer approves;

be taken into custody by an officer and kept in such custody, either at the proclaimed airport or elsewhere, as an authorised officer directs until such time as the person is removed from Australia in accordance with subsection (4) or until such earlier time as an authorised officer directs.

(3) Where a person, not being a person exempted under subsection 106(1) from the operation of section 76, who travels by aircraft from a place outside Australia to a proclaimed airport has sought and been refused an entry permit at that airport or at any other airport in Australia at which the person has called in the course of that travel, the person may, if an authorised officer so directs, be taken into custody at that first‑mentioned airport by an officer and kept in such custody, either at that first‑mentioned airport or elsewhere, as an authorised officer directs until such time as the person is removed from Australia in accordance with subsection (4) or until such earlier time as an authorised officer directs.

(4) Where a person is taken into custody under subsection (1), (2) or (3), an authorised officer may, at any time within 48 hours after the person is so taken into custody, by notice in writing served on the master, owner, agent or charterer of the aircraft on which the person travelled to Australia, require the master, owner, agent or charterer to remove the person from Australia at no charge to the Commonwealth.

(5) A master, owner, agent or charterer on whom a requirement has been served under subsection (4) shall comply with the requirement within the period of 72 hours commencing at the time when the requirement was served on him or within such further period as an authorised officer allows, whether or not the person to whom the requirement relates is able or willing to pay, or agrees to pay, a charge in respect of his or her removal from Australia.

Penalty: $5,000.

(6) It is a defence to a prosecution in respect of a failure to comply with a requirement under subsection (4) if the defendant proves that, after the requirement was served upon him or her, the defendant gave reasonable notice to an authorised officer of his or her willingness to receive the person to whom the requirement related on board a specified vessel or aircraft at a specified port at a specified time for removal from Australia and the person concerned was not made available at that port at that time in the custody of an officer for placing on board that vessel or aircraft.

(7) The master, owner, agent and charterer of an aircraft are, jointly and severally, liable to pay the Commonwealth a fair sum for the cost of keeping and maintaining a person while he or she is kept in custody in pursuance of subsection (1), (2) or (3) and, if the person has been kept in custody at a place other than the proclaimed airport, the cost of transporting the person, and a custodian of the person, from the airport to the place of custody and, if the person is required to be removed from Australia, from the place of custody to the vessel or aircraft upon which he or she is to be so removed.

(8) A person shall not, for the purposes of this Act, be deemed to have entered Australia merely because he or she was taken from a proclaimed airport for the purpose of being kept in custody at a place outside a proclaimed airport in pursuance of subsection (1), (2) or (3).

(9) A reference in this section to a proclaimed airport includes a reference to an Australian resources installation and to an Australian sea installation.

90 Powers of entry and search

(1) An officer may at any time go on board and search a vessel in which he or she has reason to suspect that there may be found a stowaway or a person seeking to enter Australia in circumstances in which the person would become an illegal entrant.

(2) The master of a vessel shall do all things reasonably required by an officer to facilitate the boarding and searching of the vessel by the officer under subsection (1).

Penalty: $5,000.

(3) A reference in subsection (1) or (2) to a vessel includes a reference to an Australian resources installation and to an Australian sea installation.

(4) The Secretary may issue to an officer a search warrant in accordance with the prescribed form.

(5) A search warrant shall be expressed to remain in force for a specified period not exceeding 3 months and ceases to be in force at the expiration of the specified period.

(6) An officer having with him or her a search warrant issued to him or her under this section and remaining in force may, at any time in the day or night, with such assistance as the officer thinks necessary, enter and search any building, premises, vehicle or place in which the officer has reasonable cause to believe there may be found:

(a) an illegal entrant or a deportee;

(b) a person to whom a temporary entry permit has been issued subject to a condition with respect to the work that is to be performed by that person;

(c) any document, book or paper relating to the entry or proposed entry into Australia of a person in circumstances in which that person:

(i) would have become a prohibited immigrant within the meaning of this Act as in force from time to time before the commencement of the Migration Amendment Act 1983;

(ii) would have become a prohibited non‑citizen within the meaning of this Act as in force from time to time after the commencement of the Migration Amendment Act 1983 but before the commencement of section 4 of the Migration Legislation Amendment Act 1989; or

(iii) would have become, or would become, an illegal entrant; or

(d) any passport or document of identity of, or any ticket for the conveyance from a place within Australia to a place outside Australia of an illegal entrant or a deportee;

and may seize any such document, book, paper, passport, document of identity or ticket, as the case may be, and impound and detain it for such time as the officer thinks necessary.

(7) For the purposes of the exercise of his or her powers under this section an officer may stop any vessel or vehicle.

(8) An officer may use such reasonable force as is necessary for the exercise of his or her powers under this section.

91 Searches of persons

(1) For the purposes set out in subsection (2), a person, and the person’s clothing and any property under the immediate control of the person, may, without warrant, be searched if:

(a) the person has been arrested under, or is in custody under, this Act; or

(b) an authorised officer has reasonable grounds for suspecting that, on or after entering Australia, the person:

(i) will become an illegal entrant; or

(ii) will breach a condition subject to which a visa or entry permit was granted to the person.

(2) The purposes for which a person, and the person’s clothing and any property under the immediate control of the person, may be searched under this section are as follows:

(a) to find out whether there is hidden on the person, in the clothing or in the property, a weapon or other thing capable of being used to inflict bodily injury or to help the person to escape from custody;

(b) to find out whether there is hidden on the person, in the clothing or in the property, a document or other thing that is, or may be, evidence that on or after entering Australia, the person:

(i) became or will become an illegal entrant; or

(ii) breached or will breach a condition subject to which a visa or entry permit was granted to the person.

(3) An authorised officer may detain a person for the purpose of searching the person in accordance with this section.

(4) If, in the course of a search under this section, a weapon or other thing referred to in paragraph (2)(a), or a document or other thing referred to in paragraph (2)(b), is found, an authorised officer:

(a) may take possession of the weapon, document or other thing; and

(b) may retain the weapon, document or other thing for such time as he or she thinks necessary for the purposes of this Act.

(5) This section does not authorise an authorised officer, or another person conducting a search pursuant to subsection (6) to remove any of the person’s clothing, or to require a person to remove any of his or her clothing.

(6) A search under this section of a person, and the person’s clothing, shall be conducted by:

(a) an authorised officer of the same sex as the person; or

(b) in a case where an authorised officer of the same sex as the person is not available to conduct the search—any other person who is of the same sex and:

(i) is requested by an authorised officer; and

(ii) agrees;

to conduct the search.

(7) An action or proceeding, whether civil or criminal, does not lie against a person who, at the request of an authorised officer, conducts a search under this section if the person acts in good faith and does not contravene subsection (8).

(8) An authorised officer or other person who conducts a search under this section shall not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct the search.

92 Arrest of illegal entrant

(1) An officer may, without warrant, arrest a person whom the officer reasonably supposes to be an illegal entrant.

(2) A person arrested under subsection (1) or (10) may, subject to this section, be kept in the custody of any officer or in such other custody as the Minister or the Secretary directs.

(3) Where an officer arrests a person under subsection (1) or (10), the officer shall forthwith inform the person arrested of the reason for the arrest, and that officer or another officer having the custody of that person shall take the arrested person before a prescribed authority within 48 hours after the arrest or, if it is not practicable to bring the arrested person before a prescribed authority within that period, as soon as practicable after that period, and, if the arrested person is not so brought before a prescribed authority, he or she shall be released.

(4) Where a person is brought before a prescribed authority under this section, the prescribed authority shall inquire into the question whether there are reasonable grounds for supposing that that person is an illegal entrant and, if the prescribed authority is satisfied that there are such reasonable grounds, he or she may, in writing, authorise the detention of that person in custody, but otherwise the prescribed authority shall order that person to be released.

(5) The period for which the prescribed authority may authorise a person to be detained in custody under subsection (4):

(a) if the person proposes to leave Australia voluntarily—is until the person is ready, willing and able so to leave Australia;

(b) where paragraph (a) does not apply—is such period as the prescribed authority is satisfied is reasonably required to enable consideration of whether the person is an illegal entrant and whether he or she should be allowed to remain in Australia; and

(c) in any case—is not more than 7 days from the date of the authorisation or such longer period as the person consents to.

(6) A prescribed authority may, from time to time, extend the period of detention referred to in subsection (4).

(7) Subject to subsection 8, at the expiration of the period of detention of a person under this section, that person shall be released.

(8) If, while a person is in custody under this section, an officer informs the person (whether before or after the person is brought before a prescribed authority) that a deportation order is in force in relation to the person, the preceding provisions of this section stop applying in relation to the person, and the person shall be taken to have been thereupon arrested under section 93 by:

(a) the officer who has custody of the person; or

(b) if the person is not in the custody of an officer, by the officer who so informs the person.

(9) In spite of anything else in this section, the Minister or the Secretary may at any time order the release (either unconditionally or subject to specified conditions) of a person who is in custody under this section.

(10) An officer may, without warrant, arrest a person who:

(a) has been released from custody under subsection (9) subject to conditions; and

(b) has breached any of those conditions

(11) Nothing contained in, or done under, this section prevents the Supreme Court of a State or Territory or the High Court from ordering the release from custody of a person held in custody under this section where the court finds that the person is not an illegal entrant.

93 Arrest of deportee

(1) Where an order for the deportation of a person is in force, an officer may, without warrant, arrest a person whom the officer reasonably supposes to be that person.

(2) A person arrested under subsection (1) or (10) may, subject to this section, be kept in custody as a deportee in accordance with subsection (6).

(3) Where an officer arrests a person under subsection (1) or (10), the officer shall forthwith inform the person arrested of the reason for the arrest and shall, if that person so requests, furnish to him or her, as soon as practicable, particulars of the deportation order.

(4) If a person arrested under this section (in this subsection called the arrested person) claims, within 48 hours after the arrest and while the arrested person is in custody, that he or she is not the person in respect of whom the deportation order is in force, the person to whom the claim is made shall:

(a) if that last‑mentioned person is an officer—ask the arrested person; or

(b) in any other case—cause an officer to ask the arrested person;

to make a statutory declaration to that effect, and, if the person arrested makes such a declaration, the officer who asked him or her to make the declaration shall take him or her before a prescribed authority within 48 hours after the making of the declaration, or, if it is not practicable to take him or her before a prescribed authority within that time, as soon as practicable after the expiration of that period.

(5) If an arrested person who is required under subsection (4) to be brought before a prescribed authority within a particular period, is not so brought before a prescribed authority, the arrested person shall be released.

(6) Where a person is brought before a prescribed authority under this section, the prescribed authority shall inquire into the question whether there are reasonable grounds for supposing that that person is a deportee and, if the prescribed authority is satisfied that there are such reasonable grounds, the prescribed authority shall, by writing under his or her hand, declare accordingly.

(7) Where a prescribed authority makes a declaration in accordance with subsection (6), the arrested person may be held in custody as a deportee in accordance with subsection (8), but otherwise the prescribed authority shall direct the release of that person and he or she shall be released accordingly.

(8) A deportee may be kept in such custody as the Minister or the Secretary directs:

(a) pending deportation, until he or she is placed on board a vessel for deportation;

(b) at any port or place in Australia at which the vessel calls after he or she has been placed on board; or

(10) An officer may, without warrant, arrest a person who:

(a) has been released from custody under subsection (9) subject to conditions; and

(b) has breached any of those conditions.

(11) Nothing contained in, or done under, this section prevents the Supreme Court of a State or Territory or the High Court from ordering the release from custody of a person held in custody under this section where the Court finds that there is no valid deportation order in force in relation to that person.

94 Operation of section 93 in relation to deportees held in other custody

(1) This section applies where a deportation order is made in respect of a person who is, otherwise than under this Act, in the custody of an authority of the Commonwealth, of a State or of a Territory.

(2) The Secretary may give the person written notice:

(a) stating that the deportation order has been made;

(b) setting out particulars of the deportation order; and

(c) stating that, from the time when the person would otherwise be entitled to be released from the custody referred to in subsection (1) (in this section called the custody transfer time), the person will be kept in custody under this Act.

(3) Where a person is given notice under subsection (2), this Act (other than subsections 93(1) and (2)) applies in relation to the person as if he or she had been arrested under subsection 93(1) at the custody transfer time.

95 Prescribed authorities

(1) The Minister may appoint as a prescribed authority for the purposes of sections 92 and 93 a person who is or has been a Judge of a Federal Court or of the Supreme Court of a State or Territory or a barrister or solicitor of the High Court or of the Supreme Court of a State of not less than 5 years’ standing.

(2) The Governor‑General may arrange with the Governor‑in‑Council of a State for the performance by persons who hold office as Police, Stipendiary or Special Magistrates in that State of the functions of a prescribed authority under sections 92 and 93.

(3) Notice of an arrangement under subsection (2) shall be published in the Gazette.

(4) Where an arrangement under subsection (2) is in force, a person who holds an office specified in the arrangement is a prescribed authority for the purposes of sections 92 and 93.

(5) A person who holds office as a Police, Stipendiary or Special Magistrate of a Territory is a prescribed authority for the purposes of sections 92 and 93.

(6) A prescribed authority shall make a thorough investigation of the matter which he or she is required to inquire into, without regard to legal forms, and shall not be bound by any rules of evidence but may inform himself or herself on any relevant matter in such manner as he or she thinks fit.

96 Persons in custody to have access to legal advice

Where a person is in custody under this Act, the person having his or her custody shall, at the request of the person in custody, afford to him or her all reasonable facilities for making a statutory declaration for the purposes of this Act or for obtaining legal advice or taking legal proceedings in relation to his or her custody.

97 Persons may be required to answer questions

(1) For the purpose of determining whether a person who has been arrested and is in custody under this Act is an illegal entrant or a deportee, an officer may put to that person such questions as the officer considers necessary and may move that person from place to place.

(2) Where an officer puts a question to a person in accordance with subsection (1) after having informed that person that he or she is required to answer the question, that person shall not:

(a) refuse or fail to answer the question; or

(b) in answer to the question, make a statement which is false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months.

(3) Where subsection (2) is applicable in relation to a question put to a person, that person is not excused from answering the question on the ground that the answer might tend to incriminate him or her, but the answer to the question shall not be used as evidence against that person in any proceedings other than proceedings under that subsection.

98 Identification of persons in custody

Where a person is in custody by virtue of this Act, an authorised officer may do all such things as are reasonably necessary for photographing or measuring that person or otherwise recording matters in order to facilitate the person’s present or future identification.

99 Detention of vessel for purpose of search

(1) The Secretary may, by notice in writing to the master of a vessel which has arrived in Australia not more than one month before the date of the notice, order that the vessel remain at a port or place for a reasonable time specified in the notice for the purpose of enabling a search of the vessel to be made in order to ascertain whether there are on the vessel any stowaways or any persons seeking to enter Australia in circumstances in which they would become illegal entrants.

(2) The master of a vessel in respect of which an order is in force under this section shall not, during the time specified in the order, move the vessel without the consent of the Secretary.

Penalty: $10,000.

100 Detention of vessel pending recovery of penalty

(1) The Secretary may, in writing, direct an officer to detain a vessel where, in the Secretary’s opinion, the master, owner, agent or charterer of the vessel has been guilty of an offence against this Act.

(2) Where a direction is given under subsection (1):

(a) the officer specified in the direction may detain the vessel at the place where it is found or cause it to be brought to another place specified by the Secretary and detain it at that place; and

(b) the Secretary shall forthwith give notice of the detention to the owner, charterer or agent of the vessel.

(3) For the purposes of the detention and other lawful dealings with the vessel, the officer specified in the direction is entitled to obtain such writ of assistance or other aid as may be obtained under the law relating to the Customs with respect to the seizure of vessels or goods.

(4) The detention of a vessel under this section shall cease if a bond with 2 sufficient sureties to the satisfaction of the Secretary is given by the master, owner, agent or charterer of the vessel for the payment of any penalties that may be imposed in respect of the alleged offence.

(5) If, while the vessel is detained under this section, default is made in payment of any penalties imposed in respect of an offence against this Act by the master, owner, agent or charterer of the vessel, the Secretary may seize the vessel, and the like proceedings shall thereupon be taken for forfeiting and condemning the vessel as in the case of a vessel seized for breach of the law relating to the Customs, and the vessel shall be sold.

(6) The proceeds of the sale shall be applied firstly in payment of the penalties referred to in subsection (5) and of all costs awarded in connexion with the proceedings in which the penalties were imposed or incurred in and about the sale and the proceedings leading to the sale, and the balance shall be payable to the owner and other persons having interests in the vessel before the condemnation and sale.

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

(1) A person shall not make a false or misleading statement about:

(a) the person’s ability or power; or

(b) the ability or power of another person;

to induce or influence the making of decisions, or of a particular decision, under this Act.

(2) A person shall not make a false or misleading statement about the effect of:

(a) the person’s actions; or

(b) the actions of another person;

on the making of a decision under this Act.

Penalty: $5,000 or imprisonment for 2 years, or both.

102 Offence of undertaking, for reward, to cause decisions to be made etc.

(1) A person shall not enter an arrangement under which he or she undertakes, in return for a payment, that a decision under this Act to a particular effect will be made.

(2) A person shall not offer, or invite other persons to offer, to enter an arrangement if it would be an offence against subsection (1) to enter into the arrangement.

Penalty: $5,000 or imprisonment for 2 years, or both.

103 Effect of contravention of section 101 or 102 on charging for services

(1) Subsections (2) and (3) apply where:

(a) a person (in this section called the agent) has, after the commencement of this section, entered into an arrangement with another person under which the agent is to perform services in connection with the making of a decision under this Act; and

(b) either:

(i) before the arrangement was entered into, the agent made, or caused or permitted to be made, a statement to the other person in contravention of section 101; or

(ii) the arrangement was entered into in contravention of section 102.

(2) The agent is not entitled to be paid for performing the services.

(3) If the agent has been paid for performing the services, the person who paid the agent may recover the amount of the payment as a debt due to the person in a court of competent jurisdiction.

(4) This section has effect subject to subsection 105(4).

104 Persons charged for services to be given detailed statement of services

(1) A person (in this section called the agent) is not entitled to be paid for performing services in connection with the making of a decision under this Act unless the agent gives, to the person who requested the performance of the services, a statement of services in accordance with subsection (2).

(2) A statement of services shall set out:

(a) particulars of each service performed; and

(b) the charge made in respect of each such service.

(3) Where:

(a) a person has paid for the performance of services in connection with the making of a decision under this Act without having received a statement of services as required by subsection (1); and

(b) the person does not receive a statement of services within 28 days after the making of the decision;

the person may recover the amount of the payment as a debt due to the person.

(4) This section does not apply to services performed in connection with proceedings, or possible proceedings, in a court or the Administrative Appeals Tribunal.

105 Court may order reparation for loss suffered

(1) Where:

(a) a person is convicted by a court of an offence against this Division; and

(b) because of that offence, another person has suffered loss;

the court may, in addition to any penalty imposed on the offender, order the offender to make to the other person such reparation (whether by payment of money or otherwise) as the court thinks fit.

(2) Where:

(a) a court makes an order under subsection (1) for the making of reparation by payment of an amount of money;

(b) the clerk, or other appropriate officer, of the court signs a certificate specifying:

(i) the amount ordered to be paid;

(ii) the person by whom the amount is to be paid; and

(iii) the person to whom the amount is to be paid; and

the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.

(3) The court shall not, under subsection (1), order reparation in respect of an amount paid by a person if that amount has been recovered by the person under section 103.

(4) If an amount paid by a person could be recovered by the person under section 103, the following provisions apply:

(a) if, under subsection (1), a court orders the person to whom the amount was paid to make reparation to the first‑mentioned person the court shall state in the order whether the reparation ordered includes reparation for the amount paid;

(b) if a court states in an order under subsection (1) that the reparation ordered includes reparation for the amount paid, the amount is not recoverable under section 103.

Division 10—General

106 Exemptions

(1) The Minister may, by instrument published in the Gazette, exempt:

(a) a person; or

(b) a class of persons;

from the operation of section 76.

(2) The Minister may, by instrument published in the Gazette, exempt:

(a) a person; or

(b) a class of persons;

from the operation of subsection 14(1).

(3) An instrument made under subsection (2) may specify that a person who enters Australia without an entry permit pursuant to an exemption under this section shall not be granted an entry permit while he or she remains in Australia.

107 Securities

(1) An authorised officer may require and take security for compliance with the provisions of this Act or the regulations or with any condition imposed in pursuance of, or for the purposes of, this Act or the regulations:

(a) by a deposit of cash, Treasury Bonds or negotiable instruments, together with a memorandum of deposit in a form approved by the Minister; or

(b) in accordance with a form of security approved by the Minister.

(2) A security given in accordance with a form approved by the Minister shall, without sealing, bind its subscribers as if it were sealed and, unless otherwise provided in the security, jointly and severally and for the full amount.

(3) Whenever a security under this Act is put in suit, the production of the security without further proof shall entitle the Commonwealth to judgment for their stated liabilities against the persons appearing to have executed the security unless the defendants prove compliance with the conditions of the security or that the security was not executed by them or release or satisfaction.

(4) If it appears to the court that a non‑compliance with a condition of a security under this Act has occurred, the security shall not be deemed to have been discharged or invalidated, and the subscribers shall not be deemed to have been released or discharged from liability, by reason of:

(a) an extension of time or other concession;

(b) any consent to, or acquiescence in, a previous non‑compliance with a condition; or

(c) any failure to bring suit against the subscribers upon the occurrence of a previous non‑compliance with the condition.

108 Proof of certain matters recited in deportation orders

(1) In any proceedings before a court in which the validity or application of a deportation order is in issue, the production of the deportation order, or of a document certified under the hand of the Minister to be a copy of the deportation order, if it contains a statement, in relation to the person to whom the order relates, that:

(a) he or she was not born in Australia;

(b) he or she is, or was at a particular time, a non‑citizen;

(c) he or she was, at a particular time, being a time before the commencement of the Migration Amendment Act 1983, an alien within the meaning of this Act as in force at that time;

(d) he or she entered Australia before, on or after a specified date;

(e) he or she was not, at the time he or she entered Australia or at any other specified time, the holder of, or a person included in, a valid entry permit;

(f) he or she was the holder of a temporary entry permit which has expired or been cancelled;

(g) within the meaning of a provision of this Act, he or she evaded an officer for the purpose of entering Australia; or

(h) for the purpose of securing entry into Australia, he or she produced to an officer a permit, certificate, passport, visa, identification card or other document which was not issued to him or her or was forged or was obtained by false representations;

shall, in the absence of proof to the contrary, be deemed to be proof of that statement.

(2) Proof to the contrary for the purposes of subsection (1) on behalf of the person to whom the deportation order relates shall be by the personal evidence of that person, with or without other evidence.

(3) Proof to the contrary by the personal evidence of a person in respect of a matter referred to in paragraph (1)(d), (e), (g) or (h) shall not (unless it is proved that that person was born in Australia) be deemed to have been given unless that person in his or her personal evidence states truly the name of the vessel or, if the vessel was an aircraft, the name of the owner or operator of the aircraft, by which the person travelled to Australia and the date and place of his or her arrival in Australia.

(4) Where a party to proceedings applies to the court for an adjournment of the proceedings for the purpose of enabling him or her to obtain evidence in rebuttal of any evidence tendered as proof to the contrary for the purposes of this section, the court shall grant an adjournment for such reasonable time as is necessary for that purpose.

(5) In any proceedings in which a person gives personal evidence by way of proof to the contrary in relation to a matter for the purposes of this section, that person is not excused from answering a question put to him or her on the ground that the answer may tend to incriminate him or her or make him or her liable to a penalty, but the person’s answer is not admissible in evidence against him or her in any other proceedings, other than a prosecution for perjury.

(6) Nothing in this section shall be construed as placing on a party the onus of proving any matter of which evidence may be given under this section by production of a deportation order or of a copy of a deportation order.

109 Averments

(1) In a prosecution under section 77, an averment of the prosecutor, contained in the information or complaint, stating, in relation to the defendant, a matter specified in any of the paragraphs of subsection 108(1) shall be deemed to be proved in the absence of proof to the contrary by the personal evidence of the defendant either with or without other evidence.

(2) The provisions of subsections 108(3), (4) and (5) apply in relation to proceedings in which an averment is made in accordance with this section in like manner as they apply in relation to proceedings in which a deportation order, or a copy of a deportation order, is admitted in evidence in accordance with that section.

110 Reports of absences of crews of vessels

(1) Where, at or after the departure from a port in Australia of a vessel that has entered Australia from overseas, the master, owner, charterer or agent of the vessel reports in writing to an officer that a specified person was a member of the crew of the vessel on board the vessel at the time of its arrival at that port and is or was absent from the vessel at the time of its departure from that port, and states in the report whether that member left the vessel at that port with leave or without leave, that report is, for the purposes of proceedings under or in relation to this Act, evidence of the matters contained in the report and:

(a) if the report states that the member left the vessel with leave—that the member entered Australia, with leave, from the vessel during the vessel’s stay at that port and remained in Australia after the vessel left that port; or

(b) if the report states that the member left the vessel without leave—that the member entered Australia, without leave, from the vessel during the vessel’s stay at that port.

(2) Where, during the stay at a port in Australia of a vessel that has entered Australia from overseas, the master of the vessel reports in writing to an officer that a specified person was included in the complement of the vessel, or a member of the crew of the vessel, on board the vessel at the time of its arrival at that port and:

(a) at any time during the vessel’s stay at that port, left the vessel without leave; or

(b) at any time during the vessel’s stay at that port, left the vessel with leave, but has become absent without leave;

the report is, for the purposes of proceedings under or in relation to this Act, evidence of the matters contained in the report.

111 Proof of certain matters

(1) In migration proceedings:

(a) official documents of the Commonwealth or of a State or Territory, and letters and telegrams, or copies of letters and telegrams, and affidavits produced out of official custody and purporting to have been sent or made by an officer, are, if they contain information or statements upon matters relevant to the proceedings, admissible as evidence of that information or of the matters stated;

(b) where:

(i) there is produced a document that purports to be an identification card or other document of identification in respect of a person and to bear the personal description and photograph of the person to whom the document relates, together with a certificate purporting to be signed by an officer certifying that the document was delivered to an officer by the master, owner, charterer or agent of a specified vessel as relating to a person who was a member of the crew of the vessel when the vessel arrived at a specified port in Australia on a specified date; and

(ii) the personal description and photograph appear to be, or to be capable of being, those of a particular person, being a person having a connexion with the proceedings;

the document and certificate are evidence that that person is the person to whom the document relates and was a member of the crew of that vessel when that vessel arrived at that port on that date;

(i) at a time, or during a period, specified in the certificate a specified person was, or was not, the holder of, a valid visa or a valid entry permit;

(ii) a specified visa or entry permit was granted subject to specified conditions or to a specified limitation as to time; or

(iii) a specified entry permit was, or was not, endorsed in a specified way under section 20, or under section 16 of this Act as in force before the commencement of this paragraph;

is prima facie evidence of the matters stated in the certificate;

(d) the production out of official custody of a document purporting to be a report made by the master, owner, charterer or agent of a vessel to an officer as to a matter relevant to the operation of this Act is evidence that the document is such a report;

(e) a list of passengers in a vessel, or a passenger card relating to a passenger in a vessel, furnished in accordance with the regulations, is prima facie evidence that the person named on the list or card as the operator of the vessel is the operator of the vessel;

(f) a notation in a person’s passport specifying a proclaimed airport and date (being a notation made by an authorised officer in a form approved by the Minister) is prima facie evidence that the person entered Australia from that airport on that date;

(g) a notation in a person’s passport to the effect that the person departed on a specified pre‑cleared flight from a specified foreign country on a specified date (being a notation made by an authorised officer in a form approved by the Minister) is prima facie evidence that the person entered Australia from that pre‑cleared flight;

(h) for the purpose of proving that a person entered Australia from, or left Australia in, an aircraft (whether or not the person travelled to Australia on a pre‑cleared flight), a certified printout of the relevant movement records is prima facie evidence of the matters contained in the printout;

(j) for the purpose of proving that a person entered Australia from, or left Australia in, a vessel, a list of any passengers in that vessel, or a passenger card relating to a passenger in that vessel, furnished in accordance with the regulations is admissible in evidence, and production of such a list or passenger card bearing a name that is the same as the name of that person shall be deemed to be proof that that person entered Australia from, or left Australia in, that vessel on the voyage in respect of which the list or passenger card was furnished, unless the contrary is proved; and

(k) for the purpose of proving that a person has, in a place outside Australia, been convicted of a particular crime (including an attempt to commit a crime) and has been sentenced to a particular sentence in respect of the conviction, fingerprint records, photographs and documents or copies thereof, and certificates in relation to any fingerprint records, photographs or documents or copies thereof, are admissible in evidence if they:

(i) are produced out of the custody of a police or prison officer of the Commonwealth or of a State or Territory; and

(ii) purport to be certified or given under the hand of a police or prison officer, or like authority, of a place outside Australia;

and any such certificate is evidence of the matters stated in the certificate.

(2) In subsection (1), the reference to official documents of a Territory shall be read, in the case of the Territory of Christmas Island, as including official documents of that Territory that were in existence at the commencement of this subsection.

(3) In subsection (1), the reference to official documents of a Territory shall be read, in the case of the Coral Sea Islands Territory or the Territory of Cocos (Keeling) Islands, as including official documents of that Territory that were in existence at the commencement of this subsection.

(4) In this section:

migration proceedings means:

(a) proceedings in a court or the Immigration Review Tribunal:

(i) under this Act; or

(ii) in relation to a deportation order; or

(b) proceedings in the Administrative Appeals Tribunal under section 180.

112 Migrant centres

(1) The Minister may, on behalf of the Commonwealth, cause to be established and maintained premises and places (in this section referred to as migrant centres) for the reception, accommodation or training of non‑citizens.

(2) Non‑citizens may be admitted to migrant centres in such circumstances, on such terms and conditions, and subject to the payment of such charges, as the Minister approves.

(3) The regulations may make provision for and in relation to the regulation of migrant centres, including provision with respect to the establishment and operation of canteen services in migrant centres, the conduct or control of persons in migrant centres and the removal of persons from migrant centres.

(4) Nothing in this section shall be deemed to affect any arrangements made or to be made in relation to, or the carrying on of the business of, the company known as Commonwealth Hostels Limited.

113 Detention centres

(1) The Minister may, on behalf of the Commonwealth, cause detention centres to be established and maintained.

(2) The regulations may make provision in relation to the operation and regulation of detention centres.

(3) Without limiting the generality of subsection (2), regulations under that subsection may deal with the following matters:

(a) the conduct and supervision of detainees;

(b) the powers of persons performing functions in connection with the supervision of detainees.

(4) In this section:

detention centre means a centre for the detention of persons whose detention in custody is authorised under this Act.

114 Secretary may issue documents containing information concerning certain persons

(1) This section applies to a person who:

(a) is a deportee who has not yet been deported; or

(b) has arrived in Australia but has been refused permission to enter Australia.

(2) Where the Secretary thinks that the issue to a person of a document under subsection (3) relating to another person, being a person to whom this section applies, would facilitate the making of arrangements for the transportation, by aircraft, of the other person from Australia, the Secretary may give the first‑mentioned person a document under subsection (3) relating to the other person.

(3) A document for the purposes of subsection (2):

(a) shall be in the prescribed form;

(b) shall state, to the best of the Secretary’s knowledge, the name and nationality of the person concerned; and

Part 3—Review of decisions

Division 1—Review of decisions

115 Internal review of certain decisions

(1) The regulations may provide for:

(a) decisions of the Minister to be reviewed;

(b) the review officers who are to conduct such reviews;

(d) the persons who may apply for such reviews.

(2) The regulations that may be made under subsection (1) include, but are not limited to, regulations setting out the times at which, or the periods within which, things may be done, or must be done, for the purposes of, or in connection with, the review of decisions under those regulations.

(3) The regulations made in relation to decisions that are reviewable by a review officer but not by the Tribunal shall not provide a period during which a review of such a decision may be instituted that is longer than:

(a) where the person to whom the decision relates is physically present in Australia—28 days; or

(b) where the person to whom the decision relates is not physically present in Australia—70 days.

(4) The regulations made in relation to decisions that are reviewable by a review officer and then by the Tribunal shall not provide periods during which the reviews of such a decision may be instituted that are longer in total than:

(a) where the person to whom the decision relates is physically present in Australia—28 days; or

(b) where the person to whom the decision relates is not physically present in Australia—70 days.

(5) Where the Minister thinks that it is in the public interest to do so, the Minister may:

(a) set aside a decision affirmed, varied or made by a review officer under regulations made under subsection (1); and

(b) substitute a decision that is more favourable to the applicant.

(6) Where the Minister thinks that it is in the public interest to do so, the Minister may:

(a) set aside a decision reviewed by a review officer under regulations made under subsection (1), being a decision in relation to which the review officer had recommendatory powers; and

(b) substitute a decision that is more favourable to the applicant than the decision recommended by the review officer.

(7) Where the Minister sets aside a decision under subsection (5) or (6), he or she must cause to be laid before each House of the Parliament a statement that:

(a) sets out the decision set aside; and

(b) where the decision is set aside under subsection (6)—sets out the recommendation of the review officer; and

(d) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reason for thinking that his or her actions are in the public interest.

(8) A statement under subsection (7) is not to include:

(a) the name of the applicant; or

(b) where the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person.

(9) A statement under subsection (7) is to be laid before each House of the Parliament within 15 sitting days of that House after:

(a) where the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

(b) where the decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

(10) The Minister does not have a duty to consider whether to exercise the power under subsection (5) or (6) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

(11) The power under subsection (5) or (6) is not to be exercised to grant an entry permit to a person who is the holder of a visa or temporary entry permit that was granted subject to the condition set out in paragraph 11D(4)(b) or 11P(4)(b).

116 Applications for review by Tribunal

(1) The regulations may provide for:

(a) decisions of the following kinds to be reviewed by the Tribunal:

(i) decisions made by the Minister personally or by delegates of the Minister;

(ii) decisions affirmed, varied or made on review under regulations made under section 115;

(iii) decisions that have been reviewed under regulations made under section 115 where:

(A) the review authorities that reviewed the decisions had recommendatory powers in relation to the decisions; and

(B) no decisions have been made in response to the recommendations of the review authorities within a specified period;

(b) the manner and form of applications for such reviews; and

(3) The regulations made in relation to decisions that are reviewable by the Tribunal but not by a review officer shall not provide a period during which a review of such a decision may be instituted that is longer than:

(a) where the person to whom the decision relates is physically present in Australia—28 days; or

(b) where the person to whom the decision relates is not physically present in Australia—70 days.

(a) where the person to whom the decision relates is physically present in Australia—28 days; or

(b) where the person to whom the decision relates is not physically present in Australia—70 days.

117 Powers of review authority

A review authority in relation to a class of reviewable decisions has determinative powers in relation to those decisions unless the regulations state that the review authority has recommendatory powers in relation to those decisions.

118 Determinative powers

(1) This section applies in relation to the review of a reviewable decision where the review authority has determinative powers in relation to the reviewable decision.

(2) The review authority may, for the purposes of the review, exercise all the powers and discretions that are conferred by this Act on the person who made the decision.

(3) In spite of anything else in this Act, a review authority shall not, by varying a decision or setting a decision aside and substituting a new decision, purport to grant an entry permit on humanitarian grounds.

(4) The review authority may:

(a) affirm the decision;

(b) vary the decision; or

(5) If the review authority:

(a) varies the decision; or

(b) sets aside the decision and substitutes a new decision;

the decision as varied or substituted shall (except for the purpose of applications to the Tribunal for review or of appeals from decisions of the Tribunal) be taken to be a decision of the Minister.

(6) A decision made by a review authority takes effect when the applicant is notified of the decision under section 135.

119 Recommendatory powers

Where the regulations specify that a review authority has recommendatory powers in relation to a class of reviewable decisions, the review authority may, in relation to such a decision, recommend to the Minister:

(a) that the decision be affirmed;

(b) that the decision be varied; or

120 Some decisions not reviewable

(1) The following decisions may not be prescribed by regulations made under section 115 or 116:

(a) a decision made on an application for an entry permit, where the application was able to be made only because the person’s circumstances had changed since the person last made an application for an entry permit;

(b) a decision to cancel a visa or entry permit;

(d) a decision by the Minister that a person does not have the status of refugee within the meaning of:

(i) the Convention relating to the Status of Refugees that was done at Geneva on 28 July 1951; or

(ii) the Protocol relating to the Status of Refugees that was done in New York on 31 January 1967;

(e) a decision made by the Minister under subsection 61(5) or (6) or section 64U.

(2) A decision shall not be reviewed, or continue to be reviewed, under this Act if the Minister has given a certificate stating that:

(a) it would be contrary to the public interest to change the decision, because any change in the decision would prejudice the security, defence or international relations of Australia; or

(b) it would be contrary to the public interest for the decision to be reviewed because such review would require consideration by the review authority of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

121 Review authority to consider all possible applications

(1) This section applies to each review under this Part of a decision (in this section called the original decision) refusing an entry permit to a person where:

(a) the person has entered, and remains in, Australia; and

(b) the review authority concerned has determinative powers in relation to the original decision.

(2) Where, during the review, it appears to the review authority that the applicant might have grounds for making another application for an entry permit of the same class or an application for an entry permit of a different class, the review authority shall:

(a) notify the applicant accordingly; and

(b) adjourn the review.

(3) If the applicant does not make any other application for an entry permit within 10 working days after being notified under subsection (2):

(a) the review authority shall resume the review of the original decision; and

(b) section 36 applies to the applicant.

(4) If the applicant makes any application or applications for an entry permit within 10 working days after being notified under subsection (2):

(a) the review authority shall not resume the review of the original decision until decisions have been made by the Minister on the other application or all the other applications;

(b) the review authority shall then, subject to the wishes of the applicant, review the original decision and such of the other decisions (if any) as are reviewable decisions; and

Division 2—Applications for review by Tribunal

122 Secretary to be notified of application for review

(1) Where an application for review is made to the Tribunal, the Registrar shall, as soon as practicable, give the Secretary written notice of the making of the application.

(2) Where the Secretary is notified of an application for review under subsection (1), the Secretary shall, within 10 working days after being so notified, give to the Registrar the prescribed number of copies of:

(a) a statement about the decision under review that:

(i) sets out the findings of fact made by the person who made the decision;

(ii) refers to the evidence on which those findings were based; and

(iii) gives the reasons for the decision; and

(b) each other document or part of a document that is in the Secretary’s possession or control and is considered by the Secretary to be relevant to the review of the decision.

Division 3—Exercise of Tribunal’s powers

123 Tribunal’s way of operating

(1) The Tribunal shall, in carrying out its functions under this Act, pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

(2) The Tribunal, in reviewing a decision:

(a) is not bound by technicalities, legal forms or rules of evidence; and

(b) shall act according to substantial justice and the merits of the case.

124 Constitution of Tribunal for exercise of powers

(1) For the purpose of a particular review, the Tribunal shall be constituted, in accordance with a direction under subsection (2), by:

(a) a single member;

(b) 2 members; or

(2) The Principal Member, or a Senior Member acting in accordance with guidelines under subsection (3), may give a written direction about who is to constitute the Tribunal for the purpose of a particular review.

(3) The Principal Member may give to the Senior Members written guidelines for the giving of directions by Senior Members about who is to constitute the Tribunal for the purpose of particular reviews.

125 Reconstitution of Tribunal

(1) This section applies where a member who constitutes the Tribunal, or who is one of the members who constitute the Tribunal, for the purposes of a particular review (in this section called the unavailable member):

(a) stops being a member; or

(b) for any reason, is not available for the purpose of the review at the place where the review is being conducted.

(2) If the unavailable member constitutes the Tribunal, the Principal Member shall direct another member or members to constitute the Tribunal for the purpose of finishing the review.

(3) If the unavailable member is one of the members who constitute the Tribunal, the Principal Member shall either:

(a) direct that the Tribunal is to be constituted for the purposes of finishing the review by the remaining member or members; or

(b) direct that the Tribunal is to be constituted for that purpose by the remaining member or members together with another member or members.

(4) Where a direction under subsection (2) or (3) is given, the Tribunal as constituted in accordance with the direction shall continue and finish the review and may, for that purpose, have regard to any record of the proceedings of the review made by the Tribunal as previously constituted.

(5) In exercising powers under this section, the Principal Member shall have regard to the objective set out in subsection 123(1).

126 Exercise of Tribunal’s powers

(1) Where the Tribunal is constituted for the purpose of a review by 3 members, any question before the Tribunal shall be decided according to the opinion of the majority of those members.

(2) Where the Tribunal is constituted for the purpose of a review by 2 members, any question to be decided on the review shall be decided:

(a) if the 2 members are of the same opinion—according to that opinion; or

(b) in any other case—according to the opinion of the presiding member.

127 Presiding member

(1) This section applies in relation to a review by the Tribunal where the Tribunal is constituted for the purpose of the review by 2 or 3 members.

(2) If the Principal Member is one of the members of the Tribunal as constituted for the purpose of the review, the Principal Member shall preside at the review.

(3) If the Tribunal as constituted for the purpose of the review:

(a) does not include the Principal Member; and

(b) includes one, and only one, Senior Member; the Senior Member shall preside at the review.

(4) If neither subsection (2) nor (3) applies, the Principal Member shall designate one of the members who constitute the Tribunal for the purposes of the review as the member who is to preside at the review.

Division 4—Conduct of review

128 Documents to be given to the Tribunal

(1) An applicant for review by the Tribunal may give the Tribunal:

(a) a statutory declaration in relation to any matter of fact that the applicant wishes the Tribunal to consider; and

(b) written arguments relating to the issues arising in relation to the decision under review.

(2) The Secretary may give the Tribunal written argument relating to the issues arising in relation to the decision under review.

129 Review “on the papers”

(1) If, after considering the material contained in the documents given to the Registrar pursuant to sections 122 and 128, the Tribunal is prepared to make the decision or recommendation on the review that is most favourable to the applicant, the Tribunal may make that decision or recommendation without taking oral evidence.

(2) For the purposes of subsection (1), a decision or recommendation made on a review shall be taken to be the decision or recommendation most favourable to the applicant if there is no other decision or recommendation that:

(a) the Tribunal could make; and

(b) in the Tribunal’s opinion, the applicant would prefer the Tribunal to make.

130 Where review “on the papers” is not available

(1) Where section 129 does not apply, the Tribunal:

(a) shall give the applicant an opportunity to appear before it to give evidence; and

(b) may obtain such other evidence as it considers necessary.

(2) The Tribunal is not required to allow any person to address it orally about the issues arising in relation to the decision under review.

131 Applicant may request Tribunal to call witnesses

(1) Where section 129 does not apply, the Tribunal shall notify the applicant:

(a) that he or she is entitled to appear before the Tribunal to give evidence; and

(b) of the effect of subsection (2) of this section.

(2) The applicant may, within 7 days after being notified under subsection (1), give the Tribunal written notice that the applicant wants the Tribunal to obtain oral evidence from a person or persons named in the notice.

(3) Where the Tribunal is notified by an applicant under subsection (2), the Tribunal:

(a) shall have regard to the applicant’s wishes; but

(b) is not required to obtain evidence (orally or otherwise) from a person named in the applicant’s notice.

132 Powers of the Tribunal etc.

(1) For the purpose of the review of a decision, the Tribunal may:

(a) take evidence on oath or affirmation;

(b) adjourn the review from time to time;

(d) require the Secretary to arrange for the making of any investigation, or any medical examination, that the Tribunal thinks necessary with respect to the review, and to give to the Tribunal a report of that investigation or examination.

(2) The Tribunal may combine the reviews of 2 or more reviewable decisions made in respect of the same person.

(3) Subject to subsection (4), the presiding member in relation to a review may:

(a) summon a person to appear before the Tribunal to give evidence;

(b) summon a person to produce to the Tribunal such documents as are referred to in the summons;

(c) require a person appearing before the Tribunal to give evidence either to take an oath or to make an affirmation; and

(d) administer an oath or affirmation to a person so appearing.

(4) The presiding member shall not, for the purposes of a review that is being conducted in Australia, summon a person under paragraph (3)(a) or (b) unless the person is in Australia.

(5) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence that the person will give will be true.

(6) A person appearing before the Tribunal to give evidence is not entitled:

(a) to be represented before the Tribunal by any other person; or

(b) to examine or cross‑examine any other person appearing before the Tribunal to give evidence.

(7) Where a person appearing before the Tribunal to give evidence is not proficient in English, the presiding member may direct that communication with that person during his or her appearance proceed through an interpreter.

133 Presiding member may authorise another person to take evidence

(1) The power of the Tribunal under paragraph 132(1)(a) to take evidence on oath or affirmation for the purpose of a review may be exercised on behalf of the Tribunal by the presiding member or by:

(a) another member;

(b) a person appointed or employed under the Public Service Act 1922; or

who is authorised in writing by the presiding member.

(2) The power of the Tribunal may be exercised pursuant to subsection (1):

(a) inside or outside Australia; and

(b) subject to such limitations (if any) as are specified by the presiding member.

(3) Where a person other than a presiding member is authorised under subsection (1) to take evidence for the purpose of a review:

(a) the person has, for the purpose of taking that evidence:

(i) all the powers of the Tribunal under subsection 132(1); and

(ii) the power to administer an oath or affirmation to a person appearing before the first‑mentioned person to give evidence; and

(b) for the purpose of the exercise of those powers by that person, this Part has effect (except where the context otherwise requires) as if a reference to the Tribunal, or to the presiding member, in relation to the review included a reference to that person.

(4) Where a person (other than a member of the Tribunal as constituted for the purpose of the review) exercises the power of the Tribunal to take evidence on oath or affirmation for the purpose of a review, the person shall cause a written record of the evidence taken to be made and sent to the presiding member.

(5) Where the presiding member receives, pursuant to subsection (4), a record of evidence given by the applicant, the Tribunal shall, for the purposes of section 130, be taken to have given the applicant an opportunity to appear before it to give evidence.

134 Review to be in public

(1) Subject to this section, the Tribunal shall take oral evidence in public.

(2) Where the Tribunal is satisfied that it is in the public interest to do so, the Tribunal may direct that particular oral evidence, or oral evidence for the purposes of a particular review, is to be taken in private.

(3) Where the Tribunal gives a direction under subsection (2), it may give directions as to the persons who may be present when the oral evidence is given.

Division 5—Decisions of Tribunal

135 Tribunal to record its decisions etc. and to notify parties

(1) Where the Tribunal makes its decision on a review, the Tribunal shall prepare a written statement that:

(a) sets out the decision of the Tribunal on the review;

(b) sets out the reasons for the decision;

(d) refers to the evidence or any other material on which the findings of fact were based.

(2) The Tribunal shall give the applicant and the Secretary a copy of the statement prepared under subsection (1) within 14 days after the decision concerned is made.

(3) Where the Tribunal has prepared the written statement, the Tribunal shall:

(a) return to the Secretary any document that the Secretary has provided in relation to the review; and

(b) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

136 Tribunal decisions to be published

Subject to any direction under section 149, the Registrar shall ensure that statements prepared by the Tribunal pursuant to subsection 135(1) are published.

137 Minister may set aside Tribunal’s decision etc.

(1) Where the Minister thinks that it is in the public interest to do so, the Minister may:

(a) set aside a decision of the Tribunal; and

(b) substitute a decision that is more favourable to the applicant.

(2) Where the Minister thinks that it is in the public interest to do so, the Minister may:

(a) set aside a decision reviewed by the Tribunal, being a decision in relation to which the Tribunal had recommendatory powers; and

(b) substitute a decision that is more favourable to the applicant than the decision recommended by the Tribunal.

(3) Where the Minister sets aside a decision under subsection (1) or (2), he or she must cause to be laid before each House of the Parliament a statement that:

(a) sets out the decision set aside; and

(b) where the decision is set aside under subsection (2)—sets out the recommendation of the Tribunal; and

(d) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest.

(4) A statement under subsection (3) is not to include:

(a) the name of the applicant; or

(b) where the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person.

(5) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after the decision concerned is set aside.

(6) The Minister does not have a duty to consider whether to exercise the power under subsection (1) or (2) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

(7) The power under subsection (1) or (2) is not to be exercised to grant an entry permit to a person who is the holder of a visa or temporary entry permit that was granted subject to the condition set out in paragraph 11D(4)(b) or 11P(4)(b).

138 Appeal to Federal Court on question of law

(1) An appeal lies to the Federal Court, on a question of law, from any decision of the Tribunal made on a review under this Part.

(2) An appeal may be instituted by:

(a) the applicant for review by the Tribunal; or

(b) the Minister.

(3) An appeal shall be instituted within 28 days after the appellant is notified under section 135 of the decision concerned.

(4) The Federal Court shall hear and determine the appeal and may make such order as it thinks appropriate because of its decision.

(5) Without limiting the generality of subsection (4), the orders that may be made by the Federal Court on an appeal include:

(a) an order affirming or setting aside the decision of the Tribunal; and

(b) an order remitting the matter to be reviewed and decided again, either with or without the taking of further evidence, by the Tribunal in accordance with the directions of the Court.

139 Operation etc. of decision subject to appeal

(1) Subject to this section, the institution of an appeal to the Federal Court from a decision of the Tribunal does not:

(a) affect the operation of the decision;

(b) prevent the taking of action to implement the decision; or

(2) Where an appeal is instituted in the Federal Court from a decision of the Tribunal, the Federal Court or a Judge of the Federal Court may make such orders of the kind referred to in subsection (3) as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

(3) The orders that may be made under subsection (2) are orders staying, or otherwise affecting the operation or implementation of, either or both of the following:

(a) the decision of the Tribunal or a part of that decision;

(b) the decision to which the proceeding before the Tribunal related or a part of that decision.

(4) The Federal Court or a Judge of that Court may, by order, vary or revoke an order in force under subsection (2) (including an order that has previously been varied under this subsection).

(5) An order in force under subsection (2):

(a) is subject to such conditions as are specified in the order; and

(b) has effect until:

(i) where a period for the operation of the order is specified in the order—the end of that period or, if a decision is given on the appeal before the end of that period, the giving of the decision; or

(ii) where no period is so specified—the giving of a decision on the appeal.

140 Jurisdiction of Federal Court

The Federal Court has jurisdiction with respect to matters arising under sections 138 and 139, and that jurisdiction is exclusive of the jurisdiction of all other courts other than the jurisdiction of the High Court under section 75 of the Constitution.

Division 6—Offences

141 Failure of witness to attend

A person who has been served, as prescribed, with a summons to appear before the Tribunal to give evidence and tendered reasonable expenses shall not, without reasonable excuse:

(a) fail to attend as required by the summons; or

(b) fail to appear and report from day to day unless excused, or released from further attendance, by a member.

Penalty: $1,000 or imprisonment for 6 months, or both.

142 Refusal to be sworn or to answer questions etc.

(1) A person appearing before the Tribunal to give evidence shall not, without reasonable excuse:

(a) when required under section 132 either to take an oath or to make an affirmation—refuse or fail to comply with the requirement; or

(b) refuse or fail to answer a question that the person is required to answer by the presiding member.

Penalty: $1,000 or imprisonment for 6 months, or both.

(2) Subject to section 146, a person shall not, without reasonable excuse, refuse or fail to produce a document that a person is required to produce by a summons under section 132 served on the person as prescribed.

Penalty: $1,000 or imprisonment for 6 months, or both.

(3) A person appearing before the Tribunal to give evidence shall not knowingly give evidence that is false or misleading in a material particular.

Penalty for a contravention of this subsection: $2,000 or imprisonment for 12 months, or both.

143 Contempt of Tribunal

A person shall not:

(a) obstruct or hinder the Tribunal or a member in the performance of the functions of the Tribunal; or

(b) disrupt the taking of evidence by the Tribunal.

Penalty: $2,000 or imprisonment for 12 months, or both.

Division 7—Miscellaneous

144 Protection of members and persons giving evidence

(1) A member has, in the performance of his or her duties as a member, the same protection and immunity as a Justice of the High Court.

(2) Subject to this Part, a person summoned to attend, or appearing, before the Tribunal to give evidence has the same protection, and is, in addition to the penalties provided by this Part, subject to the same liabilities, as a witness in proceedings in the High Court.

145 Fees for persons giving evidence

(1) A person, other than the applicant, summoned to appear before the Tribunal to give evidence is entitled to be paid, in respect of his or her attendance, fees, and allowances for expenses, fixed by or in accordance with the regulations.

(2) The fees and allowances shall be paid:

(a) where the applicant notifies the Tribunal under subsection 131(2) that he or she wants the Tribunal to obtain evidence from the person—by the applicant; and

(b) in any other case—by the Commonwealth.

146 Restrictions on disclosure of certain information etc.

In spite of anything else in this Act, the Secretary shall not give to the Tribunal a document, or information, if the Minister certifies, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest:

(a) because it would prejudice the security, defence or international relations of Australia; or

(b) because it would involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet.

147 Tribunal’s discretion in relation to disclosure of certain information etc.

(1) This section applies to a document or information if:

(a) the Minister has certified, in writing, that the disclosure of any matter contained in the document, or the disclosure of the information, would be contrary to the public interest for any reason specified in the certificate (other than a reason set out in paragraph 146(a) or (b)) that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter contained in the document, or the information, should not be disclosed; or

(b) the document, the matter contained in the document, or the information was given to the Minister, or to an officer of the Department, in confidence.

(2) Where, pursuant to a requirement of or under this Act, the Secretary gives to the Tribunal a document or information to which this section applies, the Secretary:

(a) shall notify the Tribunal in writing that this section applies in relation to the document or information; and

(b) may give the Tribunal any written advice that the Secretary thinks relevant about the significance of the document or information.

(3) Where the Tribunal is given a document or information and is notified that this section applies in relation to it, the Tribunal:

(a) may, for the purpose of the exercise of its powers, have regard to any matter contained in the document, or to the information; and

(b) may, if the Tribunal thinks it appropriate to do so having regard to any advice given by the Secretary pursuant to subsection (2), disclose any matter contained in the document, or the information, to the applicant.

148 Disclosure of confidential information

(1) This section applies to a person who is or has been:

(a) a member of the Tribunal;

(b) a person acting as a member of the Tribunal;

(d) a person providing interpreting services in connection with a review by the Tribunal.

(2) This section applies to information or a document if the information or document concerns a person and is obtained by a person to whom this section applies in the course of performing functions or duties or exercising powers under this Act.

(3) A person to whom this section applies shall not:

(a) make a record of any information to which this section applies; or

(b) divulge or communicate to any person any information to which this section applies;

unless the record is made or the information is divulged or communicated:

(d) for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

Penalty: $5,000 or imprisonment for 2 years, or both.

(4) Subsection (3) applies to the divulging or communicating of information whether directly or indirectly.

(5) A person to whom this section applies shall not be required:

(a) to produce in a court any document to which this section applies; or

(b) to divulge or communicate to any court any information to which this section applies;

except where it is necessary to do so for the purposes of carrying into effect the provisions of this Act.

(6) Nothing in this section affects a right that a person has under the Freedom of Information Act 1982.

(7) For the purposes of this section, a person who is providing interpreting services in connection with a review by the Tribunal shall be taken to be performing a function under this Act.

(8) In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

produce includes permit access to.

149 Tribunal may restrict publication of certain matters

(1) Where the Tribunal is satisfied, in relation to a review, that it is in the public interest that:

(a) any evidence given before the Tribunal;

(b) any information given to the Tribunal; or

should not be published, or should not be published except in a particular manner and to particular persons, the Tribunal may give a written direction accordingly.

(2) Where the Tribunal has given a direction under subsection (1) in relation to the publication of any evidence or information or of the contents of a document, the direction does not:

(a) excuse the Tribunal from its obligations under section 135; or

(b) prevent a person from communicating to another person a matter contained in the evidence, information or document if the first‑mentioned person has knowledge of the matter otherwise than because of the evidence or the information having been given or the document having been produced to the Tribunal.

(3) A person shall not contravene a direction given by the Tribunal under subsection (1) that is applicable to the person.

Penalty: $5,000 or imprisonment for 2 years, or both.

150 Sittings of Tribunal

(1) Sittings of the Tribunal shall be held from time to time as required, in such places in Australia as are convenient.

(2) The Tribunal constituted by a member or members may sit and exercise the powers of the Tribunal even though the Tribunal constituted by another member or other members is at the same time sitting and exercising those powers.

Part 4—Immigration Review Tribunal

Division 1—Establishment and Membership of the Immigration Review Tribunal

151 Establishment of the Immigration Review Tribunal

There is hereby established an Immigration Review Tribunal consisting of:

(a) a Principal Member;

(b) such number (not exceeding the prescribed number) of Senior Members as are appointed in accordance with this Act; and

152 Appointment of members

(1) The members of the Tribunal shall be appointed by the Governor‑General.

(2) The Principal Member and the Senior Members shall be appointed as full‑time members.

(3) Any other member may be appointed either as a full‑time member or as a part‑time member.

153 Principal Member

(1) The Principal Member is the executive officer of the Tribunal and is responsible for the overall operation and administration of the Tribunal.

(2) The Principal Member shall:

(a) monitor the operations of the Tribunal to ensure that those operations are as fair, just, economical, informal and quick as practicable; and

(b) allocate the work of the Tribunal among the members (including himself or herself) in accordance with guidelines under subsection (3).

(3) The Principal Member may lay down written guidelines for the allocation of the work of the Tribunal.

(4) Without limiting the generality of subsection (3), guidelines laid down under that subsection shall provide that cases where a person affected by the decision under review is being held in custody under this Act shall be given priority over other cases.

154 Period of appointment of members

(1) Subject to this Part, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment.

(2) A person who has turned 65 shall not be appointed as a member.

(3) A person shall not be appointed as a member for a period that extends beyond the day on which the person will turn 65.

155 Remuneration and allowances of Principal Member

(1) The Principal Member shall be paid:

(a) such remuneration as is determined by the Remuneration Tribunal; and

(b) such allowances as are prescribed.

(2) If no determination of the remuneration of the Principal Member by the Remuneration Tribunal is in operation, the Principal Member shall be paid such remuneration as is prescribed.

(3) This section has effect subject to the Remuneration Tribunal Act 1973.

156 Remuneration and allowances of other members

(1) The Senior Members shall be paid remuneration and allowances equal to the remuneration and allowances from time to time payable to the holder of an SES office that has a classification of Senior Executive Level 2.

(2) The other full‑time members shall be paid remuneration and allowances equal to the remuneration and allowances from time to time payable to the holder of an SES office that has a classification of Senior Executive Level 1.

(3) The part‑time members shall be paid remuneration and allowances as are determined by the Minister in writing.

(4) This section has effect subject to the regulations.

(5) In this section:

SES office means an office in the Senior Executive Service of the Australian Public Service.

157 Leave of absence

The Minister may grant leave of absence to a member on such terms and conditions as to remuneration or otherwise as the Minister determines in writing.

158 Other terms and conditions

A member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister in writing.

159 Resignation

A member may resign by writing signed by him or her and sent to the Governor‑General.

160 Disclosure of interests

(1) A member who has a conflict of interest in relation to a review by the Tribunal:

(a) shall disclose the matters giving rise to that conflict to the applicant and:

(i) if the member is the Principal Member—to the Minister; and

(ii) in any other case—to the Principal Member; and

(b) the member shall not take part in the review or exercise any powers in relation to the review unless:

(i) where the member is the Principal Member—the applicant and the Minister consent; or

(ii) in any other case—the applicant and the Principal Member consent.

(2) For the purposes of this section, a member has a conflict of interest in relation to a review by the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to that review.

161 Removal from office

(1) The Governor‑General may remove a member from office on the ground of proved misbehaviour or physical or mental incapacity.

(2) The Governor‑General may remove a member from office if:

(a) the member becomes bankrupt;

(b) the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;

(d) the member makes an assignment of remuneration for the benefit of his or her creditors;

(e) the member has a direct or indirect pecuniary interest in an immigration advisory service;

(f) the member is absent from duty, except on leave of absence granted under section 157, for 14 consecutive days or 28 days in any 12 months;

(g) the member, being a full‑time member, engages in paid employment outside the duties of the office of member without the written consent of the Minister; or

(h) the member fails, without reasonable excuse, to comply with his or her obligations under section 160.

(3) In this section:

immigration advisory service means a body that provides services in relation to the seeking by non‑citizens of permission to enter or remain in Australia.

162 Acting appointments

(1) The Minister may appoint a person to act in a senior office:

(a) during a vacancy in the office, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

(2) Subject to this section, a person appointed to act during a vacancy in a senior office shall not continue to act for more than 12 months.

(3) Where a person is acting in an office pursuant to subsection (1), the Minister may direct that, for purposes specified in the direction, the person shall be taken to continue to act in the office after the normal terminating event occurs.

(4) A direction under subsection (3) shall specify the period during which the person is to be taken to continue to act in the office.

(5) The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances.

(6) A direction under subsection (5):

(a) shall be given only if there is a pending review or other special circumstance justifying the giving of the direction;

(b) may only be given before the normal terminating event occurs;

(d) ceases to have effect 12 months after the normal terminating event occurs.

(7) Where the Tribunal as constituted for the purposes of a review includes a person acting or purporting to act under this section, any decision of, or any direction given or other act done by, the Tribunal as so constituted is not invalid merely because:

(a) the occasion for the appointment had not arisen;

(b) there was a defect or irregularity in connection with the appointment;

(d) the occasion to act had not arisen or had ceased.

(8) Anything done by or in relation to a person acting or purporting to act under an appointment under this section is not invalid merely because:

(a) the occasion for the appointment had not arisen;

(b) there was a defect or irregularity in connection with the appointment;

(d) the occasion to act had not arisen or had ceased.

(9) In this section:

normal terminating event, in relation to an appointment to act in an office, means:

(a) if the appointment is made under paragraph (1)(a)—the filling of the vacancy in the office; or

(b) if the appointment is made under paragraph (1)(b)—the holder of the office ceasing to be absent or ceasing to be unable to perform the duties of the office.

senior office means the office of Principal Member or an office of Senior Member.

163 Delegation

The Principal Member may, by writing signed by him or her, delegate to a Senior Member all or any of the Principal Member’s powers under this Act.

Division 2—Registries and officers

164 Registries

(1) The Minister shall cause such registries of the Tribunal to be established as he or she thinks fit.

(2) The Minister shall designate one of the registries as the Principal Registry.

165 Officers of Tribunal

(1) There shall be a Registrar of the Tribunal and such Deputy Registrars and other officers of the Tribunal as are required.

(2) The Registrar, the Deputy Registrars and the other officers of the Tribunal shall be appointed by the Minister.

(3) The officers of the Tribunal have:

(a) such duties, powers and functions as are provided by this Act and the regulations; and

(b) such other duties and functions as the Principal Member directs.

(4) The Registrar, the Deputy Registrar and the other officers of the Tribunal shall be persons appointed or employed under the Public Service Act 1922.

166 Acting appointments

(1) The Minister may appoint a person appointed or employed under the Public Service Act 1922 to act in a Tribunal office:

(a) during a vacancy in the office; or

(b) during a period when the holder of the office is absent from duty.

(2) In this section:

Tribunal office means the office of Registrar of the Tribunal, an office of Deputy Registrar of the Tribunal or the office of any other officer of the Tribunal appointed under section 165.

Part 5—Miscellaneous

167 Obstructing or deceiving person exercising powers etc. under this Act

A person shall not obstruct, hinder, deceive or mislead any person exercising powers or performing duties under or for the purposes of this Act or the regulations.

Penalty: $1,000 or imprisonment for 6 months.

168 Tampering with movement records

(1) A person (other than an authorised officer carrying out duties or performing functions under or for the purposes of this Act) shall not read or examine, or reproduce by any means, any part of the movement records.

Penalty: $5,000 or imprisonment for 2 years, or both.

(2) A person (other than an authorised officer carrying out duties or performing functions under or for the purposes of this Act) shall not:

(a) delete, alter or add to any part of the movement records;

(b) alter any computer program connected with making, transferring or keeping movement records; or

Penalty: $20,000 or imprisonment for 10 years, or both.

169 Notified data bases

The Minister may, by notice in the Gazette, declare a data base containing information kept for the purposes of this Act in relation to the entry of persons into, and departure of persons from, Australia to be a notified data base for the purposes of this section.

170 Identification card to be deemed to continue to be in a form approved by the Minister

Where the Minister revokes the approval of a form of identification card in relation to members of the crews of vessels, an identification card in accordance with that form signed by the master of a vessel not later than 3 months after the date of that revocation shall, notwithstanding that revocation, be deemed, for the purposes of this Act, to continue to be an identification card in accordance with a form approved by the Minister.

171 Offences in relation to escaping from custody

(1) A person shall not aid another person in escaping or attempting to escape from lawful custody in which that last‑mentioned person is being kept in accordance with a relevant provision of this Act.

Penalty: $5,000 or imprisonment for 2 years, or both.

(2) A person who is being kept in lawful custody in accordance with a relevant provision of this Act shall not escape or attempt to escape from that custody.

Penalty: $5,000 or imprisonment for 2 years, or both.

(3) In this section, a reference to a relevant provision of this Act shall be read as a reference to subsection 88(1), (2) or (3), 89(1), (2) or (3), 92(2) or 93(8).

172 Commencement of prosecutions

A prosecution for an offence against this Act or the regulations may be instituted at any time within 5 years after the commission of that offence.

173 Conduct of directors, servants and agents

(1) Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, servant or agent had the state of mind.

(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3) Where, in proceedings for an offence against this Act or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

(b) that the servant or agent had the state of mind.

(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act or the regulations, to have been engaged in also by the first‑mentioned person unless the first‑mentioned person establishes that the first‑mentioned person took reasonable precautions and exercised due diligence to avoid the conduct.

(5) Where:

(a) a person other than a body corporate is convicted of an offence; and

(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;

the person is not liable to be punished by imprisonment for that offence.

(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person’s reasons for the intention, opinion, belief or purpose.

(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

174 Jurisdiction of courts

(1) A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against the laws of the Commonwealth has effect, in relation to offences against this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

(2) Subject to section 80 of the Constitution, where a person has committed an offence against a provision of this Act outside a Territory and is found in, or brought into, the Territory, a court of the Territory has the same jurisdiction in respect of the offence as it would have if the offence had been committed in the Territory.

(3) The trial of an offence against a provision of this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.

175 Minister may approve forms

The Minister may, in writing, approve a form for the purposes of a provision of this Act in which the expression approved form is used.

176 Delegation

(1) The Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act.

(2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary’s powers under this Act.

177 Delegate not required to perform certain administrative tasks

(1) Where the Minister delegates the power to grant visas or entry permits, the delegation shall not be taken to require the delegate personally to perform any task in connection with the granting of visas or entry permits except the taking of a decision in each case whether a visa or entry permit should be granted.

(2) Nothing in subsection (1) shall be taken to imply that:

(a) a person on whom a power is conferred by or under this or any other Act; or

(b) a delegate of such a person;

is required personally to perform all administrative and clerical tasks connected with the exercise of the power.

178 Exercise of powers under Act

(1) The powers conferred by or under this Act shall be exercised in accordance with any applicable regulations under this Act.

(2) Where a power under this Act is to be exercised on application by a person, the person exercising the power:

(a) is entitled to exercise that power on the basis of the information contained in the application only; but

(b) may, at his or her own option, obtain other relevant information and may have regard to that other information for the purpose of exercising the power.

(3) For the purposes of subsection (2), information shall be taken to be contained in an application if, and only if:

(a) the application was made in the approved form and was duly lodged in accordance with the regulations; and

(b) the information was set out in that approved form or in a document that was attached to the application when it was so lodged.

(4) Nothing in this section shall be taken to limit the operation of subsection 24(4).

179 Minister may give general policy directions

(1) A person or body having functions or powers under this Act shall perform those functions, and exercise those powers, in accordance with such general directions (if any) as are given to the person or body by the Minister in writing.

(2) Subsection (1) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.

(3) The Minister shall cause a copy of any direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given.

180 Review of decisions

(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under section 55 other than a decision made on a matter remitted by the Tribunal for reconsideration in accordance with subsection (3).

(2) A person is not entitled to make an application under subsection (1) unless:

(a) the person is an Australian citizen; or

(b) the person is a non‑citizen (other than an illegal entrant) whose continued presence in Australia is not subject to any limitation as to time imposed by law.

(3) After reviewing a decision referred to in subsection (1), the Tribunal shall either affirm the decision or remit the matter for reconsideration in accordance with any recommendations of the Tribunal.

(4) For the purpose of reviewing a decision referred to in subsection (1), the Tribunal shall be constituted by a presidential member alone.

(5) Where an application has been made to the Tribunal for the review of a decision under section 55 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 93 to have ceased or to cease to be in force by reason only of any order that has been made by the Tribunal or a presidential member under section 41 of the Administrative Appeals Tribunal Act 1975 or by the Federal Court of Australia or a Judge of that Court under section 44A of that Act.

(6) In this section, decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

181 Regulations

(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, without limiting the generality of the foregoing, may make regulations:

(a) making provision for and in relation to:

(i) the charging and recovery of fees in respect of any matter under this Act or the regulations, including the fees payable in connection with the review of decisions made under this Act or the regulations, whether or not such review is provided for by or under this Act; or

(ii) the charging and recovery of fees in respect of English language tests conducted by or on behalf of the Department;

(b) making provision for the remission, refund or waiver of fees of a kind referred to in paragraph (a) or for exempting persons from the payment of such fees;

(i) persons on board a vessel arriving at a port in Australia in the course of, or at the conclusion of, a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia; and

(ii) persons on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia; and

(iii) persons on board an aircraft arriving at or departing from an airport in Australia, being an aircraft operated by an international air carrier;

(d) making provision for and in relation to the use that may be made by persons or bodies other than officers of the Department of information collected pursuant to regulations made under paragraph (c);

(e) making provision for and in relation to:

(i) the giving of documents to;

(ii) the lodging of documents with; or

(iii) the service of documents on;

the Minister, the Secretary or any other person or body, for the purposes of this Act;

(f) specifying the procedures to be followed:

(i) in determining whether an illegal entrant is liable to deportation for the purposes of section 59; or

(ii) in establishing the prescribed matters for the purposes of section 60, 63 or 82;

(g) prescribing the practice and procedure in relation to proceedings before a Commissioner or a prescribed authority under this Act, including the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations and the payment of expenses of witnesses;

(h) requiring assurances of support to be given, in such circumstances as are prescribed or as the Minister thinks fit, in relation to persons seeking to enter, or remain in, Australia and providing for the enforcement of assurances of support and the imposition on persons who give assurances of support of liabilities in respect of the maintenance of, and other expenditure in connexion with, the persons in respect of whom the assurances of support are given;

(j) enabling a person who is alleged to have contravened section 76 to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding $1,500; and

(k) prescribing penalties not exceeding a fine of $1,000 or imprisonment for 6 months in respect of offences against the regulations.

(2) The regulations that may be made under paragraph (1)(e) include, but are not limited to, regulations providing that a document given to, or served on, a person in a specified way shall be taken for all purposes of this Act and the regulations to have been received by the person at a specified or ascertainable time.

(3) Regulations in respect of a matter referred to in paragraph (1)(h) may apply in relation to maintenance guarantees given before the commencement of this Part in accordance with the regulations that were in force under any of the Acts repealed by this Act.

(4) An assurance of support given, after the commencement of this subsection, in accordance with regulations under paragraph (1)(h) continues to have effect, and may be enforced, in accordance with such regulations in spite of any change in circumstances whatsoever.

(5) In this section:

international air carrier means an air transport enterprise that operates an air service between Australia and a place outside Australia.

ad = added or inserted	orig = original
am = amended	p = page(s)
amdt = amendment	para = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
ch = Chapter(s)	pres = present
cl = clause(s)	prev = previous
cont. = continued	(prev…) = previously
def = definition(s)	pt = Part(s)
Dict = Dictionary	r = regulation(s)/Court rule(s)
disallowed = disallowed by Parliament	reloc = relocated
div = Division(s)	renum = renumbered
ed = editorial change	rep = repealed
exp = expires/expired or ceases/ceased to have	rs = repealed and substituted
effect	s = section(s)/subsection(s)
gaz = gazette	/rule(s)/subrule(s)/order(s)/suborder(s)
LA = Legislation Act 2003	sch = Schedule(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment can be given	SR = Statutory Rules
effect	sub ch = Sub‑Chapter(s)
(md not incorp) = misdescribed amendment	sub div = Subdivision(s)
cannot be given effect	sub pt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced
Ord = Ordinance

Act (Register ID)	Number and year	Assent	Commencement	Application, saving and transitional provisions
Migration Act 1958 (C1958A00062)	62, 1958	8 Oct 1958	s 59‑64: 10 Nov 1958 (s 2 and gaz 1958, p 3857) Remainder: 1 June 1959 (s 2 and gaz 1959 p 1831)
Migration Act 1964 (C1964A00087)	87, 1964	5 Nov 1964	5 Nov 1964 (s 2)	—
Migration Act 1966 (C1966A00010)	10, 1966	6 May 1966	6 May 1966 (s 2)	s 3(2)
Migration Act 1973 (C1973A00016)	16, 1973	11 Apr 1973	11 Apr 1973 (s 2)	—
Statute Law Revision Act 1973 (C1973A00216)	216, 1973	19 Dec 1973	sch 1, 2: 31 Dec 1973 (s 2)	s 9(1), 10
Administrative Changes (Consequential Provisions) Act 1976 (C2004A01522)	91, 1976	20 Sept 1976	s 4: 20 Sept 1976 (s 2(1)) sch: 22 Dec 1975 (s 2(7))	s 4
Migration Amendment Act 1979 (C2004A02127)	117, 1979	29 Oct 1979	s 1, 2, 3(1), 4, 5, 7, 11‑14, 16‑19, 22‑25, 27‑29: 29 Oct 1979 (s 2(1)) Remainder: 1 Nov 1979 (s 2(2) and gaz 1979, No. S220)	s 9(2), (3), 22(1)
Migration Amendment Act (No. 2) 1979 (C2004A02128)	118, 1979	29 Oct 1979	1 Nov 1979 (s 2)	—
Migration Amendment Act 1980 (C2004A02290)	89, 1980	29 May 1980	s 3: 1 July 1980 (s 2(2)) Remainder: 29 May 1981 (s 2(1))	—
Migration Amendment Act (No. 2) 1980 (C2004A02376)	175, 1980	17 Dec 1980	s 3(2), 4, 7(2), 9, 12, 13: 23 Jan 1981 (s 2(2) and gaz 1981, No. G3, p 30) Remainder: 14 Jan 1981 (s 2(1))	s 11, 12, 13
as amended by
Migration Legislation Amendment Act 1989 (C2004A03807)	59, 1989	19 June 1989	s 37: 19 June 1990 (s 2(2))	—
Statute Law Revision Act 1981 (C2004A02439)	61, 1981	12 June 1981	s 59: 1 Nov 1979 (s 2(7)) s 60, sch 1: 12 June 1981 (s 2(1))	s 60(2)
Off‑shore Installations (Miscellaneous Amendments) Act 1982 (C2004A02610)	51, 1982	16 June 1982	s 43‑51: 14 July 1982 (s 2(1))	—
as amended by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 (C2004A03029)	165, 1984	25 Oct 1984	sch 1: 14 July 1982 (s 2(16))	s 2(32), 6(1)
Migration Amendment (Emigration of Certain Children) Act 1983 (C2004A02790)	73, 1983	28 Oct 1983	25 Nov 1983 (s 2)	—
Migration Amendment Act 1983 (C2004A02829)	112, 1983	13 Dec 1983	2 Apr 1984 (s 2 and gaz 1984, No S119)	s 8(2), 38
Torres Strait Treaty (Miscellaneous Amendments) Act 1984 (C2004A02886)	22, 1984	26 Apr 1984	s 18‑21: 15 Feb 1985 (s 2(1))	—
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 (C2004A02936)	72, 1984	25 June 1984	sch: 23 July 1984 (s 2(1))	—
Taxation Laws Amendment Act 1984 (C2004A02987)	123, 1984	19 Oct 1984	s 172‑175: 14 Dec 1984 (s 2(3))	—
Migration Amendment Act 1986 (C2004A03312)	71, 1986	24 June 1986	20 Aug 1986 (s 2)	—
Intelligence and Security (Consequential Amendments) Act 1986 (C2004A03343)	102, 1986	17 Oct 1986	s 21‑23: 1 Feb 1987 (s 2)	—
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 (C2004A03409)	168, 1986	18 Dec 1986	s 5(1), (2) and sch 1 (not including amdt to s 5A Migration Act 1958): 18 Dec 1986 (s 2(1)) sch 1 (amdt to s 5A Migration Act 1958): 11 May 1987 (s 2(8) and gaz 1987, No S78)	s 5(1), (2)
Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 (C2004A03495)	86, 1987	5 June 1987	sch 1: 1 Aug 1988 (s 2(2) and gaz 1988, No S225)	—
Sea Installations (Miscellaneous Amendments) Act 1987 (C2004A03513)	104, 1987	6 Nov 1987	s 31‑40: 6 Nov 1987 (s 2(2))	—
Migration Amendment Act 1987 (C2004A03542)	133, 1987	16 Dec 1987	s 3‑5: 16 Sep 1987 (s 2(2)) s 6, 7, 9: 1 Jan 1988 (s 2(3)) Remainder: 16 Dec 1987 (s 2(1))	—
Statute Law (Miscellaneous Provisions) Act 1987 (C2004A03550)	141, 1987	18 Dec 1987	sch 1 (amdt to s 67(1)(c) Migration Act 1958): 1 Jan 1988 (s 2(23) and gaz 1987, No S348) s 5(1), (13), (14), sch 1 (amdts other than to s 67(1)(c) Migration Act 1958): 18 Dec 1987 (s 2(1))	s 5(1), (13), (14)
Extradition (Repeal and Consequential Provisions) Act 1988 (C2004A03598)	5, 1988	9 Mar 1988	sch: 1 Dec 1988 (s 2(2))	—
Statute Law (Miscellaneous Provisions) Act 1988 (C2004A03631)	38, 1988	3 June 1988	s 5(1): 3 June 1988 (s 2(1)) sch 1: 6 Nov 1987 (s 2(6))	s 5(1)
Migration Amendment Act 1988 (C2004A03642)	49, 1988	15 June 1988	1 July 1988 (s 2)	—
Migration Amendment Act (No. 2) 1988 (C2004A03744)	151, 1988	26 Dec 1988	s 1, 2, 3(1), 11: 26 Dec 1988 (s 2(1)) Remainder: 1 July 1989 (s 2(2) and gaz 1989 No S221)	—
Migration Legislation Amendment Act 1989 (C2004A03807)	59, 1989	19 June 1989	s 3–26, 28–34:19 Dec 1989 (s 2(5)) s 27: 1 July 1989 (s 2(3) and gaz 1989, No S218) s 35: 20 Dec 1989 (s 2(6)) Notes relating to section headings: 19 June 1989	s 6(2)–(5), 12(2), (3), 16(2)
as amended by
Migration Legislation Amendment (Consequential Amendments) Act 1989 (C2004A03907)	159, 1989	18 Dec 1989	sch 1: 19 Dec 1989 (s 2(1))	—
Migration Legislation Amendment Act (No. 2) 1989 (C2004A03928)	180, 1989	28 Dec 1989	19 Dec 1989 (s 2)	—
Migration Amendment Act 1989 (C2004A03809)	61, 1989	19 June 1989	1 July 1989 (s 2)	—
Migration Legislation Amendment Act (No. 6) 1995 (C2004A04952)	102, 1995	18 Sept 1995	s 5, 8, 9: 1 Nov 1989 (s 2(2)) s 3, 4, 10–12: 1 Sept 1994 (s 2(1) s 6, 7: awaiting commencement (s 2(3)) s 13–18: 18 Sept 1995 (s 2(4))	s 3, 4, 10–12, 18

Provision affected	How affected
s. 3.....................	am. No. 16, 1973
	rep. No. 216, 1973
Division 1 of Part II..........	rep. No. 59, 1989
s. 5D....................	ad. No. 151, 1988
	rep. No. 59, 1989
s. 6AA..................	ad. No. 151, 1988
	am. No. 61, 1989
	rep. No. 59, 1989
s. 6AAA.................	ad. No. 71, 1986
	rep. No. 59, 1989
s. 6A....................	ad. No. 175, 1980
	am. No. 112, 1983; No. 141, 1987
	rep. No. 59, 1989
s. 6B....................	ad. No. 86, 1987
	am. No. 151, 1988
	rep. No. 59, 1989
s. 11AB..................	ad. No. 86, 1987
	am. No. 5, 1988
	rep. No. 59, 1989

s. 15....................	rep. No. 112, 1983
s. 16....................	am. No. 10, 1966; No. 117, 1979; No. 175, 1980; No. 61, 1981; No. 51, 1982; No. 112, 1983; Nos. 104 and 141, 1987; No. 151, 1988
	rep. No. 59, 1989
s. 17....................	rep. No. 216, 1973
s. 25....................	rep. No. 216, 1973
s. 34A...................	ad. No. 133, 1987
	rep. No. 49, 1988
ss. 51–53.................	am. No. 10, 1966; No. 117, 1979; No. 112, 1983
	rep. No. 59, 1989
Part III heading.............	rs. No. 16, 1973
	rep. No. 73, 1983
s. 66....................	am. Nos. 73 and 112, 1983
	rep. No. 59, 1989

Provision affected	How affected
Title....................	am No 112, 1983
Part 1
s 3.....................	am No 216, 1973; No 112, 1983; No 59, 1989
s 4.....................	am No 10, 1966; No 216, 1973; No 91, 1976; No 117, 1979; No 118, 1979; No 89, 1980; No 175, 1980; No 51, 1982; No 112, 1983; No 22, 1984; No 123, 1984; No 168, 1986; No 86, 1987; No 104, 1987; No 141, 1987; No 38, 1988; No 49, 1988; No 151, 1988; No 59, 1989 (as am by No 159, 1989)
s 4A....................	ad No 102, 1995
s 5.....................	ad No 175, 1980
	rs No 168, 1986
s 6.....................	ad No 51, 1982
	am No 104, 1987
s 7.....................	ad No 104, 1987
s 8.....................	ad No 151, 1988
	rs No 59, 1989
s 9.....................	ad No 59, 1989
s 10....................	ad No 59, 1989
s 11....................	ad No 59, 1989 (as am by No 159, 1989)
s 12....................	ad No 59, 1989
s 13....................	ad No 59, 1989
Part 2
Part 2 heading.............	rs No 112, 1983
Division 1
Division 1 heading..........	am No 151, 1988
	rs No 59, 1989
Division 1................	rs No 59, 1989
s 14....................	am No 117, 1979; No 175, 1980; No 112, 1983; No 133, 1987; No 49, 1988; No 151, 1988
	rs No 59, 1989 (as am by No 159, 1989)
s 15....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 133, 1987
	rs No 59, 1989
s 16....................	am No 87, 1964; No 10, 1966; No 117, 1979; No 61, 1981, No 112, 1983; No 22, 1984
	rs No 59, 1989
s 17....................	am No 117, 1979; No 112, 1983
	rs No 59, 1989
s 18....................	am No 112, 1983
	rs No 59, 1989 (as am by No 159, 1989)
s 19....................	rs No 117, 1979
	am No 141, 1987; No 151, 1988
	rs No 59, 1989
s 20....................	ad No 117, 1979
	am No 133, 1987; No 141, 1987; No 151, 1988
	rs No 59, 1989 (as am by No 159, 1989)
s 21....................	ad No 117, 1979
	am No 141, 1987
	rs No 59, 1989
s 22....................	ad No 117, 1979
	am No 89, 1980; No 51, 1982; No 112, 1983; No 22, 1984; No 133, 1987; No 141, 1987
	rs No 59, 1989
Division 2
Division 2 heading..........	am No 141, 1987
	rs No 59, 1989
Division 2................	ad No 117, 1979
	rs No 59, 1989
Subdivision A
s 23....................	ad No 59, 1989
s 24....................	ad No 59, 1989 (as am by No 159, 1989)
s 25....................	ad No 59, 1989
s 26....................	ad No 59, 1989
s 27....................	ad No 59, 1989
s 28....................	ad No 59, 1989
Subdivision B
s 29....................	ad No 59, 1989
s 30....................	ad No 59, 1989 (as am by No 159, 1989)
s 31....................	ad No 59, 1989
s 32....................	ad No 59, 1989
Division 3
Division 3................	ad No 59, 1989
s 33....................	ad No 59, 1989
s 34....................	ad No 59, 1989
s 35....................	ad No 59, 1989 (as am by No 159, 1989)
s 36....................	ad No 59, 1989
s 37....................	ad No 59, 1989
s 38....................	ad No 59, 1989
s 39....................	ad No 59, 1989
s 40....................	ad No 59, 1989
s 41....................	ad No 59, 1989 (as am by No 159, 1989)
s 42....................	ad No 59, 1989
s 43....................	ad No 59, 1989
s 44....................	ad No 59, 1989
s 45....................	ad No 59, 1989
s 46....................	ad No 59, 1989
s 47....................	ad No 59, 1989
s 48....................	ad No 59, 1989
s 49....................	ad No 59, 1989
s 50....................	ad No 59, 1989
Division 4
Division 4................	ad No 59, 1989
s 51....................	ad No 59, 1989
s 52....................	ad No 59, 1989
s 53....................	ad No 59, 1989
s 54....................	ad No 59, 1989
Division 5
s 55....................	rs No 112, 1983
s 56....................	rep No 112, 1983
	ad No 102, 1986
s 57....................	am No 112, 1983; No 102, 1986; No 59, 1989
s 58....................	ad No 112, 1983
	am No 102, 1986; No 59, 1989
s 59....................	ad No 59, 1989 (as am by No 159, 1989)
s 60....................	am No 112, 1983
	rs No 59, 1989 (as am by No 159, 1989)
s 61....................	ad No 86, 1987
	am No 59, 1989
s 62....................	am No 117, 1979
	rs No 59, 1989 (as am by No 159, 1989)
s 63....................	am No 112, 1983; No 59, 1989 (as am by No 159, 1989)
s 64....................	am No 10, 1966; No 216, 1973; No 117, 1979; No 51, 1982 (as am by No 165, 1984); No 112, 1983; No 104, 1987; No 59, 1989
s 65....................	ad No 117, 1979
	rs No 59, 1989
s 66....................	ad No 59, 1989
s 67....................	ad No 59, 1989
s 68....................	ad No 59, 1989
s 69....................	ad No 59, 1989
s 70....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989 (as am by No 159, 1989)
Division 6
s 71....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989
s 72....................	ad No 51, 1982
	am No 104, 1987; No 59, 1989
s 73....................	ad No 104, 1987; No 59, 1989
s 74....................	rs No 10, 1966
	am No 117, 1979; No 59, 1989
s 75....................	am No 112, 1983; No 59, 1989
Division 7
Division 7 heading..........	rs No 117, 1979
s 76....................	ad No 59, 1989
s 77....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 22, 1984; No 123, 1984; No 59, 1989
s 78....................	am No 10, 1966; No 112, 1983; No 59, 1989
s 79....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989
s 80....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 123, 1984; No 59, 1989
s 81....................	am No 10, 1966; No 117, 1979; No 118, 1979; No 175, 1980; No 112, 1983; No 59, 1989
s 82....................	ad No 117, 1979
	am No 112, 1983; No 123, 1984; No 59, 1989 (as am by No 159, 1989)
s 83....................	ad No 117, 1979
	am No 112, 1983; No 86, 1987; No 59, 1989 (as am by No 159, 1989)
Division 8
s 85....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989
s 86....................	am No 112, 1983; No 133, 1987; No 59, 1989
s 87....................	am No 112, 1983; No 59, 1989; No 102, 1995
s 88....................	am No 117, 1979; No 51, 1982; No 112, 1983; No 59, 1989; (as am by No 159, 1989); No 102, 1995
s 89....................	ad No 117, 1979
	am No 51, 1982; No 112, 1983; No 104, 1987; No 59, 1989
s 90....................	am No 10, 1966; No 117, 1979; No 51, 1982; No 112, 1983; No 104, 1987; No 59, 1989
s 91....................	ad No 59, 1989
s 92....................	am No 117, 1979; No 112, 1983; No 59, 1989 (as am by No 159, 1989)
s 93....................	am No 117, 1979; No 112, 1983; No 59, 1989 (as am by No 159, 1989)
s 94....................	ad No 59, 1989
s 95....................	am No 112, 1983; No 59, 1989
s 96....................	am No 59, 1989
s 97....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989
s 98....................	am No 59, 1989
s 99....................	am No 10, 1966; No 117, 1979; No 112, 1983; No 59, 1989
s 100...................	am No 112, 1983; No 59, 1989
Division 9
Division 9 heading..........	rs No 112, 1983; No 59, 1989
Division 9................	rs No 59, 1989
s 101...................	am No 112, 1983
	rs No 59, 1989
s 102...................	am No 10, 1966; No 216, 1973; No 91, 1976; No 117, 1979; No 112, 1983
	rs No 59, 1989
s 103...................	am No 10, 1966; No 117, 1979; No 112, 1983
	rs No 59, 1989
s 104...................	am No 10, 1966; No 117, 1979; No 112, 1983
	rs No 59, 1989
s 105...................	am No 10, 1966; No 117, 1979; No 112, 1983
	rs No 59, 1989
Division 10
s 106...................	ad No 59, 1989
s 108...................	am No 117, 1979; No 112, 1983; No 141, 1987; No 59, 1989
s 109...................	am No 112, 1983
s 110...................	ad No 10, 1966
s 111...................	am No 87, 1964; No 10, 1966; No 175, 1980; No 168, 1986; No 133, 1987; No 151, 1988; No 59, 1989; (as am by No 159, 1989)
s 112...................	am No 112, 1983
s 113...................	rs No 16, 1973
	rep No 75, 1983
	ad No 59, 1989
s 114...................	rep No 216, 1973
	ad No 59, 1989
Part 3
Part 3...................	rep No 75, 1983
	ad No 59, 1989
Division 1
s 115...................	am No 216, 1973
	rep No 75, 1983
	ad No 59, 1989 (as am by No 180, 1989)
s 116...................	am No 10, 1966; No 117, 1979
	rep No 75, 1983
	ad No 59, 1989
s 117...................	am No 10, 1966; No 117, 1979
	rep No 75, 1983
	ad No 59, 1989
s 118...................	am No 10, 1966
	rep No 16, 1973
	ad No 59, 1989
s 119...................	ad No 59, 1989
s 120...................	ad No 59, 1989 (as am by No 180, 1989)
s 121...................	ad No 59, 1989
Division 2
s 122...................	ad No 59, 1989
Division 3
s 123...................	ad No 59, 1989
s 124...................	ad No 59, 1989
s 125...................	ad No 59, 1989
s 126...................	ad No 59, 1989
s 127...................	ad No 59, 1989
Division 4
s 128...................	ad No 59, 1989
s 129...................	ad No 59, 1989
s 130...................	ad No 59, 1989
s 131...................	ad No 59, 1989
s 132...................	ad No 59, 1989
s 133...................	ad No 59, 1989
s 134...................	ad No 59, 1989
Division 5
s 135...................	ad No 59, 1989
s 136...................	ad No 59, 1989
s 137...................	ad No 59, 1989 (as am by No 180, 1989)
s 138...................	ad No 59, 1989
s 139...................	ad No 59, 1989
s 140...................	ad No 59, 1989
Division 6
s 141...................	ad No 59, 1989
s 142...................	ad No 59, 1989
s 143...................	ad No 59, 1989
Division 7
s 144...................	ad No 59, 1989
s 145...................	ad No 59, 1989
s 146...................	ad No 59, 1989
s 147...................	ad No 59, 1989
s 148...................	ad No 59, 1989
s 149...................	ad No 59, 1989
s 150...................	ad No 59, 1989
Part 4
Part 4...................	ad No 59, 1989
Division 1
s 151...................	ad No 59, 1989
s 152...................	ad No 59, 1989
s 153...................	ad No 59, 1989
s 154...................	ad No 59, 1989
s 155...................	ad No 59, 1989
s 156...................	ad No 59, 1989
s 157...................	ad No 59, 1989
s 158...................	ad No 59, 1989
s 159...................	ad No 59, 1989
s 160...................	ad No 59, 1989
s 161...................	ad No 59, 1989
s 162...................	ad No 59, 1989
s 163...................	ad No 59, 1989
Division 2
s 164...................	ad No 59, 1989
s 165...................	ad No 59, 1989
s 166...................	ad No 59, 1989
Part 5
s 167...................	am No 10, 1966; No 117, 1979; No 175, 1980
	rs No 59, 1989
s 168...................	ad No 151, 1988
s 169...................	ad No 151, 1988
s 170...................	ad No 10, 1966
	am No 112, 1983; No 59, 1989
s 171...................	ad No 117, 1979
	am No 112, 1983; No 59, 1989 (as am by No 159, 1989)
s 172...................	ad No 117, 1979
s 173...................	ad No 59, 1989
s 174...................	ad No 117, 1979
s 175...................	ad No 117, 1979
	rs No 59, 1989
s 176...................	ad No 59, 1989
s 177...................	ad No 59, 1989
s 178...................	ad No 59, 1989
s 179...................	ad No 59, 1989
s 180...................	ad No 61, 1981
	am No 112, 1983; No 59, 1989
s 181...................	am No 87, 1964; No 10, 1966; No 117, 1979; No 118, 1979; No 61, 1981; No 112, 1983; No 72, 1984; No 168, 1986; No 133, 1987; No 141, 1987; No 49, 1988; No 59, 1989; (as am by No 159, 1989)

Old number	New number
Part I	Part 1
Section	Section
1	1
2	2
4	3
5	4
5A	5
5B	6
5C	7
5D	8
5E	9
5F	10
5G	11
5H	12
5J	13
Part II	Part 2
Division 1	Division 1
Section	Section
6	14
7	15
8	16
9	17
10	18
11	19
11A	20
11B	21
11C	22
Division 1A	Division 2
Subdivision A	Subdivision A
11D	23
11E	24
Section	Section
11F	25
11G	26
11H	27
11J	28
Subdivision B	Subdivision B
Section	Section
11K	29
11L	30
11M	31
11N	32
Division 1B	Division 3
Section	Section
11P	33
11Q	34
11R	35
11S	36
11T	37
11U	38
11V	39
11W	40
11X	41
11Y	42
11Z	43
11ZA	44
11ZB	45
11ZC	46
11ZD	47
11ZE	48
11ZF	49
11ZG	50
Division 1C	Division 4
Section	Section
11ZH	51
11ZJ	52
11ZK	53
11ZL	54
Division 2	Division 5
Section	Section
12	55
13	56
14	57
14A	58
17A	59
18	60
18A	61
19	62
20	63
21	64
21A	65
21B	66
21C	67
21D	68
21E	69
22	70
Division 3	Division 6
Section	Section
23	71
23A	72
23B	73
24	74
26	75
Division 4	Division 7
Section	Section
26A	76
27	77
28	78
29	79
30	80
31	81
Section	Section
31A	82
31B	83
Division 5	Division 8
Section	Section
32	84
33	85
34	86
35	87
36	88
36A	89
37	90
37A	91
38	92
39	93
39A	94
40	95
41	96
42	97
43	98
44	99
45	100
Division 6	Division 9
Section	Section
46	101
47	102
48	103
49	104
50	105
Division 7	Division 10
Section	Section
53A	106
54	107
55	108
56	109
56A	110
57	111
58	112
59	113
Section	Section
60	114
Part III	Part 3
Division 1	Division 1
Section	Section
61	115
62	116
63	117
64	118
64A	119
64B	120
64C	121
Division 2	Division 2
Section	Section
64D	122
Division 3	Division 3
Section	Section
64E	123
64F	124
64G	125
64H	126
64J	127
Division 4	Division 4
Section	Section
64K	128
64L	129
64M	130
64N	131
64P	132
64Q	133
64R	134
Division 5	Division 5
Section	Section
64S	135
64T	136
64U	137
64V	138
64W	139
64X	140
Division 6	Division 6
Section	Section
64Y	141
64Z	142
64ZA	143
Division 7	Division 7
Section	Section
64ZB	144
64ZC	145
64ZD	146
64ZE	147
64ZF	148
64ZG	149
64ZH	150
Part IIIA	Part 4
Division 1	Division 1
Section	Section
64ZJ	151
64ZK	152
64ZL	153
64ZM	154
64ZN	155
64ZP	156
64ZQ	157
64ZR	158
64ZS	159
64ZT	160
64ZU	161
64ZV	162
64ZW	163
Division 2	Division 2
Section	Section
64ZX	164
64ZY	165
64ZZ	166
Part IV	Part 5
Section	Section
65	167
65AA	168
Section	Section
65AB	169
65A	170
66A	171
66B	172
66BA	173
66C	174
66D	175
66DA	176
66DB	177
66DC	178
66DD	179
66E	180
67	181
The Schedule	The Schedule