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Migration Act 1958
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Department of Home Affairs
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C2015C00344 (C124)
01 July 2015
-
13 December 2015
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Volume 1
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Part 1—Preliminary
1 Short title
2 Commencement
3 Repeal and savings
3A Act not to apply so as to exceed Commonwealth power
3B Compensation for acquisition of property
4 Object of Act
4AA Detention of minors a last resort
4A Application of the Criminal Code
5 Interpretation
5AAA Non citizen’s responsibility in relation to protection claims
5AA Meaning of unauthorised maritime arrival
5A Meaning of personal identifier
5B When personal identifier taken not to have been provided
5C Meaning of character concern
5CA Child of a person
5CB De facto partner
5D Limiting the types of identification tests that authorised officers may carry out
5E Meaning of purported privative clause decision
5F Spouse
5G Relationships and family members
5H Meaning of refugee
5J Meaning of well founded fear of persecution
5K Membership of a particular social group consisting of family
5L Membership of a particular social group other than family
5LA Effective protection measures
5M Particularly serious crime
6 Effect of limited meaning of enter Australia etc.
7 Act to extend to certain Territories
7A Effect on executive power to protect Australia’s borders
8 Certain resources installations to be part of Australia
9 Certain sea installations to be part of Australia
9A Migration zone etc.—offshore resources activities
10 Certain children taken to enter Australia at birth
11 Visa applicable to 2 or more persons
12 Application of Part VA of the Marriage Act
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Part 2—Arrival, presence and departure of persons
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Division 1—Immigration status
13 Lawful non citizens
14 Unlawful non citizens
15 Effect of cancellation of visa on status
16 Removal of immigration rights of inhabitant of Protected Zone
17 Pre cleared flights
Division 2—Power to obtain information and documents about unlawful non citizens
18 Power to obtain information and documents about unlawful non citizens
19 Scales of expenses
20 Reasonable compensation
21 Failure to comply with section 18 notice
24 Information and documents that incriminate a person
25 Copies of documents
26 Minister may retain documents
27 Division binds the Crown
Division 3—Visas for non citizens
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Subdivision A—General provisions about visas
28 Interpretation
29 Visas
30 Kinds of visas
31 Classes of visas
32 Special category visas
33 Special purpose visas
34 Absorbed person visas
35 Ex citizen visas
35A Protection visas—classes of visas
36 Protection visas—criteria provided for by this Act
37 Bridging visas
37A Temporary safe haven visas
38 Criminal justice visas
38A Enforcement visas
38B Maritime crew visas
39 Criterion limiting number of visas
39A Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas
40 Circumstances for granting visas
41 Conditions on visas
42 Visa essential for travel
43 Visa holders must usually enter at a port
Subdivision AA—Applications for visas
44 Extent of following Subdivisions
45 Application for visa
45AA Application for one visa taken to be an application for a different visa
45A Visa application charge
45B Amount of visa application charge
45C Regulations about visa application charge
46 Valid visa application
46AA Visa applications, and the grant of visas, for some Act based visas
46A Visa applications by unauthorised maritime arrivals
46B Visa applications by transitory persons
47 Consideration of valid visa application
48 Non citizen refused a visa or whose visa cancelled may only apply for particular visas
48A No further applications for protection visa after refusal or cancellation
48B Minister may determine that section 48A does not apply to non citizen
49 Withdrawal of visa application
50 Only new information to be considered in later protection visa applications
51 Order of consideration
Subdivision AB—Code of procedure for dealing fairly, efficiently and quickly with visa applications
51A Exhaustive statement of natural justice hearing rule
52 Communication with Minister
54 Minister must have regard to all information in application
55 Further information may be given
56 Further information may be sought
57 Certain information must be given to applicant
58 Invitation to give further information or comments
59 Interviews
60 Medical examination
61 Prescribed periods
62 Failure to receive information not require action
63 When decision about visa may be made
64 Notice that visa application charge is payable
Subdivision AC—Grant of visas
65 Decision to grant or refuse to grant visa
66 Notification of decision
67 Grant and refusal of visa—how and when
68 When visa is in effect
69 Effect of compliance or non compliance
Subdivision AE—Evidence of visas
70 Request for evidence of a visa
71 Liability to pay visa evidence charge
71A Officer must give evidence of a visa
71B Regulations about visa evidence charge
Subdivision AF—Bridging visas
72 Interpretation
73 Bridging visas
74 Further applications for bridging visa
75 When eligible non citizen in immigration detention granted visa
76 Bridging visa not affect visa applications
Subdivision AG—Other provisions about visas
77 Visas held during visa period
78 Children born in Australia
79 Effect on visa of leaving Australia
80 Certain persons taken not to leave Australia
81 Extent of visa authority
82 When visas cease to be in effect
83 Certain persons taken to be included in spouse, de facto partner or parent’s visa
84 Minister may suspend processing of visa applications
Subdivision AH—Limit on visas
85 Limit on visas
86 Effect of limit
87 Limit does not prevent visas for certain persons
87A Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control
88 Limit does not affect processing of applications
89 Determination of limit not to mean failure to decide
90 Order of dealing with limited visas
91 Order of dealing with visas
Subdivision AI—Safe third countries
91A Reason for Subdivision
91B Interpretation
91C Non citizens covered by Subdivision
91D Safe third countries
91E Non citizens to which this Subdivision applies unable to make valid applications for certain visas
91F Minister may determine that section 91E does not apply to non citizen
91G Applications made before regulations take effect
Subdivision AJ—Temporary safe haven visas
91H Reason for this Subdivision
91J Non citizens to whom this Subdivision applies
91K Non citizens to whom this Subdivision applies are unable to make valid applications for certain visas
91L Minister may determine that section 91K does not apply to a non citizen
Subdivision AK—Non citizens with access to protection from third countries
91M Reason for this Subdivision
91N Non citizens to whom this Subdivision applies
91P Non citizens to whom this Subdivision applies are unable to make valid applications for certain visas
91Q Minister may determine that section 91P does not apply to a non citizen
Subdivision AL—Other provisions about protection visas
91V Verification of information
91W Evidence of identity and bogus documents
91WA Providing bogus documents or destroying identity documents
91WB Application for protection visa by member of same family unit
91X Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit Court
Subdivision B—The “points” system
92 Operation of Subdivision
93 Determination of applicant’s score
94 Initial application of “points” system
95 Applications in pool
95A Extension of period in pool
96 Minister may set pool mark and pass mark
Subdivision C—Visas based on incorrect information may be cancelled
97 Interpretation
97A Exhaustive statement of natural justice hearing rule
98 Completion of visa application
99 Information is answer
100 Incorrect answers
101 Visa applications to be correct
102 Passenger cards to be correct
103 Bogus documents not to be given etc.
104 Changes in circumstances to be notified
105 Particulars of incorrect answers to be given
106 Obligations to give etc. information is not affected by other sources of information
107 Notice of incorrect applications
107A Possible non compliances in connection with a previous visa may be grounds for cancellation of current visa
108 Decision about non compliance
109 Cancellation of visa if information incorrect
110 Cancellation provisions apply whatever source of knowledge of non compliance
111 Cancellation provisions apply whether or not non compliance deliberate
112 Action because of one non compliance not prevent action because of other non compliance
113 No cancellation if full disclosure
114 Effect of setting aside decision to cancel visa
115 Application of Subdivision
Subdivision D—Visas may be cancelled on certain grounds
116 Power to cancel
117 When visa may be cancelled
118 Cancellation powers do not limit or affect each other
Subdivision E—Procedure for cancelling visas under Subdivision D in or outside Australia
118A Exhaustive statement of natural justice hearing rule
119 Notice of proposed cancellation
120 Certain information must be given to visa holder
121 Invitation to give comments etc.
122 Prescribed periods
123 Failure to accept invitation not require action
124 When decision about visa cancellation may be made
125 Application of Subdivision to non citizen in immigration clearance
126 Application of Subdivision to non citizen in questioning detention
127 Notification of decision
Subdivision F—Other procedure for cancelling visas under Subdivision D outside Australia
127A Exhaustive statement of natural justice hearing rule
128 Cancellation of visas of people outside Australia
129 Notice of cancellation
130 Prescribed periods
131 Decision about revocation of cancellation
132 Notification of decision about revocation of cancellation
133 Effect of revocation of cancellation
Subdivision FA—Additional personal powers for Minister to cancel visas on section 109 or 116 grounds
133A Minister’s personal powers to cancel visas on section 109 grounds
133B Other provisions relating to the exercise of powers in section 133A
133C Minister’s personal powers to cancel visas on section 116 grounds
133D Cancellation under subsection 133A(1) or 133C(1)—method of satisfying Minister of matters
133E Cancellation under subsection 133A(1) or 133C(1)—notice of cancellation
133F Cancellation under subsection 133A(3) or 133C(3)—Minister may revoke cancellation in certain circumstances
Subdivision FB—Emergency cancellation on security grounds
134A Natural justice
134B Emergency cancellation on security grounds
134C Decision about revocation of emergency cancellation
134D Effect of revocation of cancellation
134E Notice of cancellation
134F Effect of cancellation on other visas
Subdivision G—Cancellation of business visas
134 Cancellation of business visas
135 Representations concerning cancellation of business visa
136 Review of decisions
137 Provision of information—holders of business visas
Subdivision GB—Automatic cancellation of student visas
137J Non complying students may have their visas automatically cancelled
137K Applying for revocation of cancellation
137L Dealing with the application
137M Notification of decision
137N Minister may revoke cancellation on his or her own initiative
137P Effect of revocation
Subdivision GC—Cancellation of regional sponsored employment visas
137Q Cancellation of regional sponsored employment visas
137R Representations concerning cancellation etc.
137S Notice of cancellation
137T Cancellation of other visas
Subdivision H—General provisions on cancellation
138 Cancellation and revocation of cancellation of visas—how and when
139 Visas held by 2 or more
140 Cancellation of visa results in other cancellation
Division 3A—Sponsorship
Subdivision A—Preliminary
140A Division applies to prescribed kinds of visa
140AA Division 3A—purposes
140AB Ministerial Advisory Council on Skilled Migration
Subdivision B—Approving sponsors and nominations
140E Minister to approve sponsor
140F Process for approving sponsors
140G Terms of approval as a sponsor
140GA Variation of terms of approval as a sponsor
140GB Minister to approve nominations
140GBA Labour market testing—condition
140GBB Labour market testing—major disaster exemption
140GBC Labour market testing—skill and occupational exemptions
140GC Work agreements
Subdivision C—Sponsorship obligations
140H Sponsorship obligations—general
140HA Sponsorship obligations—Minister’s responsibility
140J Amounts payable in relation to sponsorship obligations
Subdivision D—Enforcement
140K Sanctions for failing to satisfy sponsorship obligations
140L Regulations may prescribe circumstances in which sponsor may be barred or sponsor’s approval cancelled
140M Cancelling approval as a sponsor or barring a sponsor
140N Process for cancelling or barring approval as a sponsor
140O Waiving a bar
140P Process for waiving a bar
140Q Civil penalty—failing to satisfy sponsorship obligations
140RA Enforceable undertakings
Subdivision E—Liability and recovery of amounts
140S Liability to pay amounts
140SA Interest up to judgment
140SB Interest on judgment
140SC Certain plaintiffs may choose small claims procedure in magistrates courts
140T Notice regarding amount of debt or other amount
140U Liability is in addition to any other liability
Subdivision F—Inspector powers
140UA Exercise of inspector powers
140V Inspectors
140W Identity cards
140X Purpose for which powers of inspectors may be exercised
140XA When powers of inspectors may be exercised
140XB Power of inspectors to enter premises or places
140XC Powers of inspectors while on premises or at a place
140XD Persons assisting inspectors
140XE Power to ask for person’s name and address
140XF Power to require persons to produce records or documents
140XG Self incrimination
140XH Certain records and documents are inadmissible
140XI Power to keep records or documents
140XJ Disclosure of information by the Secretary or Australian Border Force Commissioner
Subdivision G—Application of Division to partnerships and unincorporated associations
140ZB Partnerships—sponsorship rights and obligations
140ZC Partnerships—offences and civil penalties
140ZD Partnership ceases to exist
140ZE Unincorporated associations—sponsorship rights and obligations
140ZF Unincorporated associations—offences and civil penalties
140ZG Unincorporated association ceases to exist
Subdivision H—Miscellaneous
140ZH Disclosure of personal information by Minister
140ZI Disclosure of personal information to Minister
140ZJ Unclaimed money
140ZK Other regulation making powers not limited
Division 4—Criminal justice visitors
Subdivision A—Preliminary
141 Object of Division
142 Interpretation
143 Delegation by Attorney General
144 Authorised officials
Subdivision B—Criminal justice certificates for entry
145 Commonwealth criminal justice entry certificate
146 State criminal justice entry certificate
Subdivision C—Criminal justice certificates etc. staying removal or deportation
147 Commonwealth criminal justice stay certificate
148 State criminal justice stay certificate
149 Application for visa not to prevent certificate
150 Criminal justice stay certificates stay removal or deportation
151 Certain warrants stay removal or deportation
152 Certain subjects of stay certificates and stay warrants may be detained etc.
153 Removal or deportation not contempt etc. if no stay certificate or warrant
154 Officer not liable—criminal justice stay certificates or warrants
Subdivision D—Criminal justice visas
155 Criminal justice visas
156 Criterion for criminal justice entry visas
157 Criterion for criminal justice stay visas
158 Criteria for criminal justice visas
159 Procedure for obtaining criminal justice visa
160 Conditions of criminal justice visa
161 Effect of criminal justice visas
Subdivision E—Cancellation etc. of criminal justice certificates and criminal justice visas
162 Criminal justice certificates to be cancelled
163 Stay warrant to be cancelled
164 Effect of cancellation etc. on criminal justice visa
Division 4A—Enforcement visas
164A Definitions
164B Grant of enforcement visas (fisheries matters)
164BA Grant of enforcement visas (environment matters)
164C When enforcement visa ceases to be in effect
164D Applying for other visas
Division 5—Immigration clearance
165 Interpretation
166 Persons entering to present certain evidence of identity etc.
167 When and where evidence to be presented
168 Section 166 not to apply
169 Section 166 not usually to apply
170 Certain persons to present evidence of identity
171 Assistance with evidence
172 Immigration clearance
173 Visa ceases if holder enters in way not permitted
174 Visa ceases if holder remains without immigration clearance
175 Departing person to present certain evidence etc.
175A Determinations relating to kinds of passports
175B Collection, access and disclosure of information
Division 6—Certain non citizens to be kept in immigration detention
176 Reason for Division
177 Interpretation
178 Designated persons to be in immigration detention
179 Beginning of immigration detention of certain designated persons
180 Detention of designated person
181 Removal from Australia of designated persons
182 No immigration detention or removal after certain period
183 Courts must not release designated persons
185 Effect of Division on status etc.
186 Division applies despite other laws
187 Evidence
Division 7—Detention of unlawful non citizens
Subdivision A—General provisions
188 Lawful non citizen to give evidence of being so
189 Detention of unlawful non citizens
190 Non compliance with immigration clearance or section 192 basis of detention
191 End of certain detention
192 Detention of visa holders whose visas liable to cancellation
192A Authorisation of identification tests in certain cases
193 Application of law to certain non citizens while they remain in immigration detention
194 Detainee to be told of consequences of detention
195 Detainee may apply for visa
195A Minister may grant detainee visa (whether or not on application)
196 Duration of detention
197 Effect of escape from immigration detention
Subdivision B—Residence determinations
197AA Persons to whom Subdivision applies
197AB Minister may determine that person is to reside at a specified place rather than being held in detention centre etc.
197AC Effect of residence determination
197AD Revocation or variation of residence determination
197AE Minister not under duty to consider whether to exercise powers
197AF Minister to exercise powers personally
197AG Tabling of information relating to the making of residence determinations
Division 7A—Offences relating to immigration detention
197A Detainees must not escape from detention
197B Manufacture, possession etc. of weapons by detainees
Division 8—Removal of unlawful non citizens etc.
Subdivision A—Removal
197C Australia’s non refoulement obligations irrelevant to removal of unlawful non citizens under section 198
198 Removal from Australia of unlawful non citizens
Subdivision B—Regional processing
198AA Reason for Subdivision
198AB Regional processing country
198AC Documents to be laid before Parliament
198AD Taking unauthorised maritime arrivals to a regional processing country
198AE Ministerial determination that section 198AD does not apply
198AF No regional processing country
198AG Non acceptance by regional processing country
198AH Application of section 198AD to certain transitory persons
198AHA Power to take action etc. in relation to arrangement or regional processing functions of a country
198AI Ministerial report
198AJ Reports about unauthorised maritime arrivals
Subdivision C—Transitory persons etc.
198B Power to bring transitory persons to Australia
199 Dependants of removed non citizens
Division 9—Deportation
200 Deportation of certain non citizens
201 Deportation of non citizens in Australia for less than 10 years who are convicted of crimes
202 Deportation of non citizens upon security grounds
203 Deportation of non citizens who are convicted of certain serious offences
204 Determination of time for sections 201 and 202
205 Dependants of deportee
206 Deportation order to be executed
Division 10—Costs etc. of removal and deportation
207 Interpretation
210 Removed or deported non citizen liable for costs of removal or deportation
212 Costs of removed or deported spouses, de facto partners and dependants
213 Carriers may be liable for costs of removal and deportation
214 Non citizens and carriers jointly liable
215 Costs are debts due to the Commonwealth
216 Use of existing ticket for removal or deportation
217 Vessels required to convey certain removees
218 Vessels required to convey deportees or other removees
219 Exemption from complying
220 Waiver of requirement
221 Cost of removal under notice
222 Orders restraining certain non citizens from disposing etc. of property
223 Secretary or Australian Border Force Commissioner may give direction about valuables of detained non citizens
224 Dealing with seized valuables
Division 11—Duties of masters in relation to crews
225 Production of identity documents and mustering of crew
226 Production of identity documents by persons on board resources installation
227 Production of identity documents by persons on board sea installation
228 Master to report absences
Division 12—Offences etc. in relation to entry into, and remaining in, Australia
Subdivision A—People smuggling and related offences
228A Application of Subdivision
228B Circumstances in which a non citizen has no lawful right to come to Australia
229 Carriage of non citizens to Australia without documentation
230 Carriage of concealed persons to Australia
231 Master of vessel to comply with certain requests
232 Penalty on master, owner, agent and charterer of vessel
233A Offence of people smuggling
233B Aggravated offence of people smuggling (danger of death or serious harm etc.)
233C Aggravated offence of people smuggling (at least 5 people)
233D Supporting the offence of people smuggling
233E Concealing and harbouring non citizens etc.
234 False documents and false or misleading information etc. relating to non citizens
234A Aggravated offence of false documents and false or misleading information etc. relating to non citizens (at least 5 people)
235 Offences in relation to work
236 Offences relating to visas
236A No discharge without conviction for certain offences
236B Mandatory minimum penalties for certain offences
236C Time in immigration detention counts for sentencing etc.
236D Burden and standard of proof in relation to age
236E Evidentiary certificates in proceedings for offences
236F Evidentiary certificates—procedural matters
Subdivision B—Offences relating to abuse of laws allowing spouses etc. of Australian citizens or of permanent residents to become permanent residents
237 Reason for Subdivision
238 Interpretation
239 Application of Subdivision
240 Offence to arrange marriage to obtain permanent residence
241 Offence to arrange pretended de facto relationship to obtain permanent residence
243 Offences relating to application for permanent residence because of marriage or de facto relationship
245 Offences of making false or unsupported statements
Subdivision C—Offences and civil penalties in relation to work by non citizens
245AA Overview
245AB Allowing an unlawful non citizen to work
245AC Allowing a lawful non citizen to work in breach of a work related condition
245AD Aggravated offences if a person allows, or continues to allow, another person to work
245AE Referring an unlawful non citizen for work
245AEA Referring a lawful non citizen for work in breach of a work related condition
245AEB Aggravated offences if a person refers another person to a third person for work
245AF Circumstances in which this Subdivision does not apply
245AG Meaning of work and allows to work
245AH Meaning of exploited
245AJ Criminal liability of executive officers of bodies corporate
245AK Civil liability of executive officers of bodies corporate
245AL Contravening civil penalty provisions
245AM Geographical scope of offence and civil penalty provisions
245AN Charge and trial for an aggravated offence
245AO Treatment of partnerships
245AP Treatment of unincorporated associations
Division 12A—Chasing, boarding etc. aircraft
245A Definitions
245E Identifying an aircraft and requesting it to land for boarding
245F Power to board and search etc. aircraft
245FA Searches of people on certain ships or aircraft
Division 12B—Reporting on passengers and crew of aircraft and ships
245I Definitions
245J Approval of primary reporting systems
245K Approval of fall back reporting systems
245L Obligation to report on persons arriving in Australia
245LA Obligation to report on persons departing from Australia
245LB Dealing with information collected under this Division etc.
245M Approved fall back reporting systems may be used in certain circumstances
245N Offence for failure to comply with reporting obligations
Division 13—Examination, search and detention
246 Appointment of boarding stations
247 Vessels to enter ports and be brought to boarding stations
248 Exemption
249 Certain persons may be prevented from entering or landing
250 Detention of suspected offenders
251 Powers of entry and search
252 Searches of persons
252AA Power to conduct a screening procedure
252A Power to conduct a strip search
252B Rules for conducting a strip search
252C Possession and retention of certain things obtained during a screening procedure or strip search
252D Authorised officer may apply for a thing to be retained for a further period
252E Magistrate may order that thing be retained
252F Detainees held in State or Territory prisons or remand centres
252G Powers concerning entry to a detention centre
253 Detention of deportee
254 Removees and deportees held in other custody
255 Prescribed authorities
256 Person in immigration detention may have access to certain advice, facilities etc.
257 Persons may be required to answer questions
258 Minister may determine that personal identifiers are not required
258A When person cannot be required to provide personal identifier
258B Information to be provided—authorised officers carrying out identification tests
258C Information to be provided when identification tests not carried out
258D Regulations may prescribe manner for carrying out identification tests
258E General rules for carrying out identification tests
258F Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
258G Authorised officer may get help to carry out identification tests
259 Detention of vessel for purpose of search
260 Detention of vessel pending recovery of penalty
261 Disposal of dilapidated vessels etc.
Division 13AA—Identification of immigration detainees
Subdivision A—Provision of personal identifiers
261AA Immigration detainees must provide personal identifiers
261AB Authorised officers must require and carry out identification tests
261AC Information to be provided before carrying out identification tests
Subdivision B—How identification tests are carried out
261AD General rules for carrying out identification tests
261AE Use of force in carrying out identification tests
261AF Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
261AG Authorised officer may get help to carry out identification tests
261AH Identification tests to be carried out by authorised officer of same sex as non citizen
261AI Independent person to be present
261AJ Recording of identification tests
261AK Retesting
Subdivision C—Obligations relating to video recordings of identification tests
261AKA Definitions
261AKB Accessing video recordings
261AKC Authorising access to video recordings
261AKD Providing video recordings
261AKE Unauthorised modification of video recordings
261AKF Unauthorised impairment of video recordings
261AKG Meanings of unauthorised modification and unauthorised impairment etc.
261AKH Destroying video recordings
Division 13AB—Identification of minors and incapable persons
261AL Minors
261AM Incapable persons
Division 13A—Automatic forfeiture of things used in certain offences
Subdivision A—Automatic forfeiture
261A Forfeiture of things used in certain offences
Subdivision B—Seizure
261B Seizure of things used in certain offences
Subdivision C—Dealing with things seized as automatically forfeited
261C Application of this Subdivision
261D Notice of seizure
261E Dealing with thing before it is condemned
261F Thing condemned if not claimed in time
261G Dealing with claim for thing
261H What happens if thing is claimed
261I Dealing with thing after it is condemned
Subdivision D—Operation of Division
261J Operation of Division
Subdivision E—Minister’s order that a thing not be condemned as forfeited
261K Minister’s order that a thing not be condemned
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Volume 2
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Part 2—Arrival, presence and departure of persons
Division 14—Recovery of costs from certain persons
262 Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons
263 Secretary or Australian Border Force Commissioner able to issue notice of debt
264 Garnishee notice
265 Debt from failure to comply with garnishee notice
266 Future debts
267 Secretary may freeze amounts to secure future debts
268 Application of Division to the Crown
Division 14A—Monitoring compliance with student visa conditions
Subdivision A—Preliminary
268AA Definitions
268AB Division binds the Crown
268AD Powers conferred on magistrates in their personal capacity
Subdivision B—Notices requiring information and documents
268BA Production notices
268BB Contents of the production notice
268BC Serving production notices
268BD Attendance notices
268BE Contents of attendance notice
268BF Scales of expenses
268BG Reasonable compensation for giving copies
268BH Offence: failing to comply with a notice
268BI Offence: giving false or misleading information
268BJ Offence: giving false or misleading document
268BK Information and documents that incriminate a person
268BL Copies of documents
268BM Officer may retain documents
268BN Owner of document must be given copy
268BO Retaining documents
268BP Officer may apply to magistrate or tribunal member for a further period
268BQ Magistrate or tribunal member may order retention for further period
Subdivision C—Searching education providers’ premises
268CA Authorised officer may enter premises for a visa monitoring purpose
268CB Being on premises with consent
268CC Consent
268CD Authorised officer may apply for monitoring warrant
268CE Magistrate or tribunal member may issue monitoring warrant
268CF Magistrate or tribunal member may require more information
268CG Contents of monitoring warrant
268CH Use of reasonable force and assistance
268CI Monitoring powers of authorised officers
268CJ Authorised officer on premises with consent may ask questions
268CK Authorised officer on premises under warrant may ask questions
268CL Offence: failure to answer question
268CM Offence: giving false or misleading information
268CN Offence: giving or showing documents that are false or misleading in material particulars
268CO Use of electronic equipment in exercising monitoring powers
268CP Use of electronic equipment by experts
268CQ Extension of period
268CR Powers without warrant in emergency situations
268CS Retaining seized things
268CT Authorised officer may apply for a thing to be retained for a further period
268CU Magistrate or tribunal member may order that thing be retained
268CV Occupier to provide authorised officer with all facilities and assistance
268CW Announcement before entry
268CX Copy of monitoring warrant to be given to occupier before entry
268CY Compensation for damage to electronic equipment or data
268CZ Occupier entitled to be present during execution of monitoring warrant
268CZA Identity cards
268CZB Authorised officer must produce identity card on request
268CZC Officer may apply for warrants by telephone etc.
268CZD Magistrate or tribunal member may grant warrant by telephone etc.
268CZE Procedure for issuing warrant by telephone etc.
268CZF Procedure after telephone warrant ceases or is executed
268CZG Form of warrant authorises exercise of power
268CZH Court to assume that exercise of power not authorised by telephone etc. warrant
Division 15—General
269 Securities
270 Reports of absences of crews of vessels
271 Proof of certain matters
272 Migrant centres
273 Detention centres
274 Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons
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Part 3—Migration agents and immigration assistance
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Division 1—Preliminary
275 Interpretation
276 Immigration assistance
277 Immigration legal assistance
278 Relation by employment
279 Part VIIC of the Crimes Act 1914 to apply to this Part
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Division 2—Restrictions on giving of immigration assistance and making of immigration representations
280 Restrictions on giving of immigration assistance
281 Restriction on charging fees for immigration assistance
282 Restriction on charging fees for immigration representations
283 False representation that a person is a registered migration agent
284 Restriction on self advertising of the giving of immigration assistance
285 Restriction on other advertising of immigration assistance
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Division 3—Registration of migration agents
286 Individuals may be registered as migration agents
287 Register of Migration Agents
288 Application for registration
288A Publishing requirement
288B Requiring applicants to make statutory declarations or to answer questions
289 Registration
289A Applicant must not be registered if does not satisfy registration requirements
290 Applicant must not be registered if not a person of integrity or not fit and proper
290A Applicant for repeat registration must not be registered if he or she has not done continuing professional development
290B Applicant must not be registered if any unpaid registration status charge
291 Applicant must not be registered if registration refused in past year
291A Applicant must not be registered if suspension would be in effect
292 Applicant must not be registered if registration cancelled in past 5 years
292A Applicant must not be registered if any barring period has not ended
292B Applicant must not be registered unless he or she holds appropriate professional indemnity insurance
293 Applicant under 18 must not be registered
294 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa
295 Notice of refusal of application
299 Period of registration
300 Automatic continuation of registration
301 Migration Agents Registration Authority must warn of expiry
302 Automatic deregistration
303 Disciplining registered migration agents
304 Period of suspension
304A Conditions for lifting cautions
305 Notice of disciplinary decision
305A Making disciplinary details publicly available
305B Providing disciplinary details to clients
305C Requiring registered migration agents to give information or documents
306 Review by the Administrative Appeals Tribunal
306AA Stay orders
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Division 3AA—Disciplining registered migration agents for engaging in vexatious activity
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Subdivision A—Definitions
306AB Definitions
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Subdivision B—Referral of registered migration agents for disciplinary action
306AC Minister may refer registered migration agent to the Migration Agents Registration Authority
306AD Ministerial determinations
306AE Registered migration agent may make submissions
306AF Notice of referral decision under section 306AC
306AG Migration Agents Registration Authority’s decision after a referral under section 306AC
306AGAA Minister may refer agent again if Migration Agents Registration Authority takes no disciplinary action
306AGAB Notice of referral decision under section 306AG
306AGAC Migration Agents Registration Authority’s disciplinary decision after a referral under section 306AGAA
306AGA Cautions or suspensions
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Subdivision D—Review
306AJ Review by the Administrative Appeals Tribunal
306AK Stay orders
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Subdivision E—Making disciplinary details available
306AL Making disciplinary details publicly available
306AM Providing disciplinary details to clients
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Division 3A—Documents relating to clients of inactive migration agents and deceased migration agents
306A Objects of this Division
306B Inactive migration agents
306C Clients
306D Power to obtain documents from inactive migration agent
306E Power to obtain documents from representative of deceased inactive migration agent
306F Power to obtain documents from representative of deceased registered migration agent
306G Reasonable compensation
306H Failure to comply with notice
306J Self incrimination
306K Migration Agents Registration Authority to give client documents to clients
306L Compensation—constitutional safety net
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Division 4—Investigations and decision making by the Migration Agents Registration Authority
308 Requiring registered migration agents to give information
309 Persons may make submissions
310 Persons may appear before Migration Agents Registration Authority
311 Migration Agents Registration Authority not bound by legal forms etc.
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Division 4A—Disciplining former registered migration agents
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Subdivision A—Complaints about provision of immigration assistance
311A Barring former registered migration agents from being registered for up to 5 years
311B Notice of disciplinary decision
311C Making disciplinary details publicly available
311D Former registered migration agent may make a submission etc.
311E Authority not bound by legal forms etc.
311EA Requiring former registered migration agents to give information or documents
311F Review by the Administrative Appeals Tribunal
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Subdivision B—Engaging in vexatious activity
311G Definitions
311H Minister may refer former registered migration agent for disciplinary action
311J Former registered migration agent may make submissions
311K Notice of referral decision
311L Taking of disciplinary action
311M Review by the Administrative Appeals Tribunal
311P Making disciplinary details publicly available
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Division 5—Obligations of registered migration agents
312 Notification obligations
312A Notification of giving of immigration assistance to visa applicants
312B Notification of giving of immigration assistance to review applicants
313 Persons charged for services to be given detailed statement of services
314 Code of Conduct for migration agents
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Division 6—Migration Agents Registration Authority
315 Appointing the Migration Institute of Australia Limited as the Migration Agents Registration Authority
316 Functions of Migration Agents Registration Authority
317 General powers of the Migration Agents Registration Authority
318 Power to refer people to mediation
319 Power to refer lawyers’ conduct to other authorities
319A Institute may delegate powers and functions
320 Minister may delegate powers and functions
321 Disclosure of personal information to the Migration Agents Registration Authority
321A Disclosure of personal information by the Migration Agents Registration Authority
322 Annual report
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Division 6A—Registration application fees and registration status charges
332A Collection of registration status charge
332B Payments to Migration Institute of Australia Limited
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Division 7—Other things
332C Removing disciplinary details—registered migration agents
332D Removing disciplinary details—former registered migration agents
332E Protection from civil proceedings
332F Disclosure of personal information by the Secretary
332G Disclosure of personal information by a review authority
332H Giving of notices under this Part
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Part 4—Offences relating to decisions under Act
334 Offences in relation to false or misleading statements regarding the making of decisions
335 Offence of undertaking, for reward, to cause decisions to be made etc.
336 Court may order reparation for loss suffered
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Part 4A—Obligations relating to identifying information
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Division 1—Preliminary
336A Definitions
336B Application
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Division 2—Accessing identifying information
336C Accessing identifying information
336D Authorising access to identifying information
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Division 3—Disclosing identifying information
336E Disclosing identifying information
336F Authorising disclosure of identifying information to foreign countries etc.
336FA Disclosure of certain personal identifiers to selected individuals
336FB Disclosure of other relevant information to selected individuals
336FC Disclosure of certain personal identifiers to the general public
336FD Disclosure of other relevant information to the general public
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Division 4—Modifying and impairing identifying information
336G Unauthorised modification of identifying information
336H Unauthorised impairment of identifying information
336J Meanings of unauthorised modification and unauthorised impairment etc.
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Division 5—Destroying identifying information
336K Destroying identifying information
336L Identifying information that may be indefinitely retained
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Part 5—Review of Part 5 reviewable decisions
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Division 1—Interpretation
336M Simplified outline of this Part
336N Scope of this Part
337 Interpretation
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Division 2—Part 5 reviewable decisions
338 Definition of Part 5 reviewable decision
339 Conclusive certificates
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Division 3—Part 5 reviewable decisions: Tribunal review
347 Application for review of Part 5 reviewable decisions
348 Tribunal to review Part 5 reviewable decisions
349 Tribunal powers on review of Part 5 reviewable decisions
350 Review of assessments made under section 93
351 Minister may substitute more favourable decision
352 Tribunal to notify Secretary of application for review of Part 5 reviewable decisions
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Division 4—Part 5 reviewable decisions: Tribunal powers
353 Tribunal’s way of operating
353B Guidance decisions
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Division 5—Part 5 reviewable decisions: conduct of review
357A Exhaustive statement of natural justice hearing rule
358 Documents to be given to the Tribunal
359 Tribunal may seek information
359AA Information and invitation given orally by Tribunal while applicant appearing
359A Information and invitation given in writing by Tribunal
359B Requirements for written invitation etc.
359C Failure to give information, comments or response in response to written invitation
360 Tribunal must invite applicant to appear
360A Notice of invitation to appear
361 Applicant may request Tribunal to call witness and obtain written material
362 Certain bridging visa decisions—request to call witnesses
362A Applicant entitled to have access to written material before Tribunal
362B Failure of applicant to appear before Tribunal
362C Failure to appear—Tribunal’s decisions, written statements and notifying the applicant
363 Powers of the Tribunal etc.
363A Tribunal does not have power to permit a person to do something he or she is not entitled to do
364 Tribunal’s power to take evidence
365 Review to be in public
366 Oral evidence by telephone etc.
366A Applicant may be assisted by another person while appearing before Tribunal
366B Other persons not to be assisted or represented while appearing before Tribunal
366C Interpreters
366D Examination and cross examination not permitted
367 Certain bridging visa decisions—to be made within prescribed period
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Division 6—Part 5 reviewable decisions: Tribunal decisions
368 Tribunal’s decision and written statement
368A Notifying parties of Tribunal’s decision (decision not given orally)
368D Tribunal’s decisions given orally
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Division 7—Part 5 reviewable decisions: offences
370 Failure to comply with summons
371 Refusal to be sworn or to answer questions
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Division 8—Part 5 reviewable decisions: miscellaneous
375 Restrictions on disclosure of certain information etc.
375A Certain information only to be disclosed to Tribunal
376 Tribunal’s discretion in relation to disclosure of certain information etc.
378 Tribunal may restrict publication of certain matters
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Division 8A—Part 5 reviewable decisions: giving and receiving documents
379AA Giving documents by Tribunal where no requirement to do so by section 379A or 379B method
379A Methods by which Tribunal gives documents to a person other than the Secretary
379B Methods by which Tribunal gives documents to the Secretary
379C When a person other than the Secretary is taken to have received a document from the Tribunal
379D When the Secretary is taken to have received a document from the Tribunal
379EA Giving documents by Tribunal—combined applications
379F Giving documents etc. to the Tribunal
379G Authorised recipient
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Part 7—Review of Part 7 reviewable decisions
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Division 1—Interpretation
408 Simplified outline of this Part
409 Scope of this Part
410 Interpretation
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Division 2—Part 7 reviewable decisions
411 Definition of Part 7 reviewable decision
412 Application for review of Part 7 reviewable decisions
414 Tribunal to review Part 7 reviewable decisions
415 Tribunal powers on review of Part 7 reviewable decisions
416 Multiple review applications—consideration of information
417 Minister may substitute more favourable decision
418 Tribunal to notify Secretary of application for review of Part 7 reviewable decisions
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Division 3—Part 7 reviewable decisions: Tribunal powers
420 Refugee Review Tribunal’s way of operating
420B Guidance decisions
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Division 4—Part 7 reviewable decisions: conduct of review
422B Exhaustive statement of natural justice hearing rule
423 Documents to be given to the Tribunal
423A How Tribunal is to deal with new claims or evidence
424 Tribunal may seek information
424AA Information and invitation given orally by Tribunal while applicant appearing
424A Information and invitation given in writing by Tribunal
424B Requirements for written invitation etc.
424C Failure to give information, comments or response in response to written invitation
425 Tribunal must invite applicant to appear
425A Notice of invitation to appear
426 Applicant may request Tribunal to call witnesses
426A Failure of applicant to appear before Tribunal
426B Failure to appear—Tribunal’s decisions, written statements and notifying the applicant
427 Powers of the Tribunal etc.
428 Tribunal’s power to take evidence
429 Review to be in private
429A Oral evidence by telephone etc.
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Division 5—Part 7 reviewable decisions: Tribunal decisions
430 Tribunal’s decision and written statement
430A Notifying parties of Tribunal’s decision (decision not given orally)
430D Tribunal’s decision given orally
431 Identifying information not to be published
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Division 6—Part 7 reviewable decisions: offences
432 Failure to comply with summons
433 Refusal to be sworn or to answer questions
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Division 7—Part 7 reviewable decisions: miscellaneous
437 Restrictions on disclosure of certain information etc.
438 Tribunal’s discretion in relation to disclosure of certain information etc.
440 Tribunal may restrict publication or disclosure of certain matters
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Division 7A—Review of Part 7 reviewable decisions: giving and receiving documents
441AA Giving documents by Tribunal where no requirement to do so by section 441A or 441B method
441A Methods by which Tribunal gives documents to a person other than the Secretary
441B Methods by which Tribunal gives documents to the Secretary
441C When a person other than the Secretary is taken to have received a document from the Tribunal
441D When the Secretary is taken to have received a document from the Tribunal
441EA Giving documents by Tribunal—combined applications
441F Giving documents etc. to the Tribunal
441G Authorised recipient
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Part 7AA—Fast track review process in relation to certain protection visa decisions
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Division 1—Introduction
473BA Simplified outline of this Part
473BB Definitions
473BC Minister may determine that certain decisions are to be reviewed under this Part
473BD Minister may issue conclusive certificate in relation to certain decisions
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Division 2—Referral of fast track reviewable decisions to Immigration Assessment Authority
473CA Referral of fast track reviewable decisions
473CB Material to be provided to Immigration Assessment Authority
473CC Review of decision
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Division 3—Conduct of review
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Subdivision A—Natural justice requirements
473DA Exhaustive statement of natural justice hearing rule
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Subdivision B—Review on the papers
473DB Immigration Assessment Authority to review decisions on the papers
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Subdivision C—Additional information
473DC Getting new information
473DD Considering new information in exceptional circumstances
473DE Certain new information must be given to referred applicant
473DF Invitation to give new information or comments in writing or at interview
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Division 4—Decisions of Immigration Assessment Authority
473EA Immigration Assessment Authority’s decision and written statement
473EB Notification of Immigration Assessment Authority’s decision
473EC Certain decisions of the Immigration Assessment Authority to be published
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Division 5—Exercise of powers and functions by Immigration Assessment Authority
473FA How Immigration Assessment Authority is to exercise its functions
473FB Practice directions
473FC Guidance decisions
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Division 6—Disclosure of information
473GA Restrictions on disclosure of certain information etc.
473GB Immigration Assessment Authority’s discretion in relation to disclosure of certain information etc.
473GC Disclosure of confidential information
473GD Immigration Assessment Authority may restrict publication or disclosure of certain matters
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Division 7—Giving and receiving review documents etc.
473HA Giving documents by Immigration Assessment Authority where no requirement to do so by section 473HB or 473HC method
473HB Methods by which Immigration Assessment Authority gives documents to a person other than the Secretary
473HC Methods by which Immigration Assessment Authority gives documents to the Secretary
473HD When a person other than the Secretary is taken to have received a document from the Immigration Assessment Authority
473HE When the Secretary is taken to have received a document from the Immigration Assessment Authority
473HF Giving documents etc. to the Immigration Assessment Authority
473HG Authorised recipient
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Division 8—The Immigration Assessment Authority
473JA The Immigration Assessment Authority
473JB Administrative arrangements
473JC Appointment of Senior Reviewer
473JD Acting Senior Reviewer
473JE Staff
473JF Delegation
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Part 8—Judicial review
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Division 1—Privative clause
474 Decisions under Act are final
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Division 2—Jurisdiction and procedure of courts
474A Definition of AAT Act migration decision
475 This Division not to limit section 474
476 Jurisdiction of the Federal Circuit Court
476A Limited jurisdiction of the Federal Court
476B Remittal by the High Court
477 Time limits on applications to the Federal Circuit Court
477A Time limits on applications to the Federal Court
478 Persons who may make application
479 Parties to review
480 Intervention by Attorney General
481 Operation etc. of decision
482 Changing person holding, or performing the duties of, an office
484 Exclusive jurisdiction of High Court, Federal Court and Federal Circuit Court
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Part 8A—Restrictions on court proceedings
486A Time limit on applications to the High Court for judicial review
486AA Intervention by Attorney General
486AB Operation etc. of decision
486B Multiple parties in migration litigation
486C Persons who may commence or continue proceedings in the Federal Circuit Court or the Federal Court
486D Disclosing other judicial review proceedings
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Part 8B—Costs orders where proceedings have no reasonable prospect of success
486E Obligation where there is no reasonable prospect of success
486F Cost orders
486G Person must be given reasonable opportunity to argue against costs order
486H Limited waiver of legal professional privilege
486I Lawyer’s certification
486J Part does not limit other powers to order costs against third parties
486K Definitions
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Part 8C—Reports on persons in detention for more than 2 years
486L What is the detention reporting start time for a person?
486M What is a detention reporting time for a person?
486N Secretary’s obligation to report to Commonwealth Ombudsman
486O Commonwealth Ombudsman to give Minister assessment of detention arrangements
486P Minister to table statement from Commonwealth Ombudsman
486Q Application of Ombudsman Act 1976
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Part 8D—Civil penalties
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Division 1—Obtaining a civil penalty order
486R Civil penalty orders
486S Additional rules relating to the sponsorship civil penalty provisions
486T Civil enforcement of penalty
486U Conduct contravening more than one civil penalty provision
486V Multiple contraventions
486W Proceedings may be heard together
486X Civil evidence and procedure rules for civil penalty orders
486Y Requirement for persons to assist in applications for civil penalty orders
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Division 2—Civil proceedings and criminal proceedings
486Z Civil proceedings after criminal proceedings
486ZA Criminal proceedings during civil proceedings
486ZB Criminal proceedings after civil proceedings
486ZC Evidence given in civil proceedings not admissible in criminal proceedings
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Division 3—Miscellaneous
486ZD Ancillary contravention of civil penalty provisions
486ZE Mistake of fact
486ZF State of mind
486ZG Civil double jeopardy
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Part 8E—Investigation powers relating to work related offences and provisions
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Division 1—Preliminary
487A Definitions
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Division 2—Requiring persons to give information or produce documents
487B Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
487C Self incrimination
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Division 3—Search warrants
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Subdivision A—Search powers
487D Authorised officer may enter premises by consent or under a search warrant
487E Search powers of authorised officers
487F Powers relating to electronic equipment
487G Seizing evidence of the contravention of related provisions etc.
487H Persons assisting authorised officers
487J Use of force in executing a search warrant
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Subdivision B—Powers of authorised officers to ask questions and seek production of documents
487K Authorised officer may ask questions and seek production of documents
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Subdivision C—Obligations and incidental powers of authorised officers
487L Consent
487M Announcement before entry under search warrant
487N Authorised officer to be in possession of search warrant
487P Details of search warrant etc. to be given to occupier
487Q Completing execution of search warrant after temporary cessation
487R Completing execution of search warrant stopped by court order
487S Expert assistance to operate electronic equipment
487T Compensation for damage to electronic equipment
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Subdivision D—Occupier’s rights and responsibilities
487U Occupier entitled to observe execution of search warrant
487V Occupier to provide authorised officer with facilities and assistance
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Subdivision E—General provisions relating to seizure
487W Copies of seized things to be provided
487X Receipts for seized things
487Y Return of seized things
487Z Issuing officer may permit a seized thing to be retained
487ZA Disposal of seized things
487ZB Compensation for acquisition of property
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Subdivision F—Issue of search warrants
487ZC Issue of search warrants
487ZD Search warrants by telephone, fax etc.
487ZE Authority of search warrant
487ZF Offence relating to search warrants by telephone, fax etc.
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Subdivision G—Identity cards
487ZG Identity cards
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Subdivision H—Powers of issuing officers
487ZH Powers of issuing officers
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Part 9—Miscellaneous
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Division 1—Bogus documents
487ZI Prohibition on, and forfeiture of, bogus documents
487ZJ Seizure of bogus documents
487ZK Document condemned as forfeited
487ZL Dealing with a document after it is condemned as forfeited
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Division 2—Other
487 Liability for identification tests
488 Tampering with movements records
488A Giving information to other relevant agencies
488AA Things seized under Crimes Act search warrant and information about such things
488B Authorisation to disclose information to an officer
489 Notified data bases
490 Identification card to be deemed to continue to be in a form approved by the Minister
492 Commencement of prosecutions
493 Conduct of directors, employees and agents
494 Jurisdiction of courts
494AA Bar on certain legal proceedings relating to unauthorised maritime arrivals
494AB Bar on certain legal proceedings relating to transitory persons
494A Giving documents by Minister where no requirement to do so by section 494B method
494B Methods by which Minister gives documents to a person
494C When a person is taken to have received a document from the Minister
494D Authorised recipient
495 Minister may approve forms
495A Minister may arrange for use of computer programs to make decisions etc.
495B Minister may substitute more favourable decisions for certain computer based decisions
496 Delegation
497 Delegate not required to perform certain administrative tasks
498 Exercise of powers under Act
499 Minister may give directions
500 Review of decision
500A Refusal or cancellation of temporary safe haven visas
501 Refusal or cancellation of visa on character grounds
501A Refusal or cancellation of visa—setting aside and substitution of non adverse decision under subsection 501(1) or (2)
501B Refusal or cancellation of visa—setting aside and substitution of adverse decision under subsection 501(1) or (2)
501BA Cancellation of visa—setting aside and substitution of non adverse decision under section 501CA
501C Refusal or cancellation of visa—revocation of decision under subsection 501(3) or 501A(3)
501CA Cancellation of visa—revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)
501D Refusal or cancellation of visa—method of satisfying Minister that person passes the character test
501E Refusal or cancellation of visa—prohibition on applying for other visas
501F Refusal or cancellation of visa—refusal of other visa applications and cancellation of other visas
501G Refusal or cancellation of visa—notification of decision
501H Refusal or cancellation of visa—miscellaneous provisions
501HA Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas
501J Refusal or cancellation of protection visa—Minister may substitute more favourable decision
501K Identity of applicants for protection visas not to be published by the Administrative Appeals Tribunal
501L Disclosure of information to the Minister
502 Minister may decide in the national interest that certain persons are to be excluded persons
503 Exclusion of certain persons from Australia
503A Protection of information supplied by law enforcement agencies or intelligence agencies
503B Protection of confidential information disclosed to Federal Court or Federal Circuit Court—permanent non disclosure orders
503C Protection of confidential information disclosed to Federal Court or Federal Circuit Court—interim non disclosure orders
503D Details of gazetted agency to be treated as protected information
504 Regulations
505 Regulations about visa criteria
506 Regulations about passenger cards
506A Regulations may provide for infringement notices
507 Marital or relationship status
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The Schedule—Acts relating to immigration and deportation repealed
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Miscellaneous
