Navigation
- Part I--preliminary
- Part II--Arrival, Presence and Departure of Persons
- Part II--Arrival, Presence and Departure of Persons
- Part III--Migration Agents and Immigration Assistance
- Part IV--offences Relating to Decisions Under Act
- Part IVA--obligations Relating to Identifying Information
- Part V--review of Part 5-reviewable Decisions
- Part VII--Review of Part 7-reviewable Decisions
- Part VIIAA--Fast Track Review Process in Relation to Certain Protection Visa Decisions
- Part VIII--Judicial Review
- Part VIIIA--Restrictions on Court Proceedings
- Part VIIIB--Costs Orders Where Proceedings Have No Reasonable Prospect of Success
- Part VIIIC--Reports on Persons in Detention for More Than 2 Years
- Part VIIID--Civil Penalties
- Part VIIIE--Investigation Powers Relating to Certain Offences and Provisions
- Part IX--Miscellaneous
- 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
Division 1 – Immigration status
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
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
- 36A. Consideration of protection obligations
- 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 does not require action
- 63. When decision about visa may be made
- 64. Notice that visa application charge is payable
Subdivision AC – Grant of visas
Subdivision AF – Bridging visas
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
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
- 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 and Family Court of Australia (Division 2)
- Subdivision B–The “points” system
Subdivision C – Visas based on incorrect information may be cancelled
- 97. Interpretation
- 97A. Exhaustive statement of natural justice hearing rule
- 98. Completion of visa applicatio
- 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 does 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
Subdivision E – Procedure for cancelling visas under Subdivision D in or outside
- 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
- 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
Subdivision G – Cancellation of business visas
Subdivision GB – Automatic cancellation of student visas
Subdivision GC – Cancellation of regional sponsored employment visas
Subdivision H – General provisions on cancellation
Division 3A – Sponsorship
Subdivision A – Preliminary
Subdivision B – Approval of sponsors
Subdivision BA – Approval of nominations made by approved work sponsors
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 approval or barring approved 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
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
Division 3B – Nominations
- 140ZM. Nomination training contribution charge
- 140ZN. Regulations about nomination training contribution charge
- 140ZO. Recovery of nomination training contribution charge and late payment penalty
- 140ZP. Notional application of nomination training contribution charge in relation to nominations by the Commonwealth
- 140ZQ. Division binds the Crown
Division 4 – Criminal justice visitors
Subdivision A – Preliminary
Subdivision B – Criminal justice certificates for entry
Subdivision C – Criminal justice certificates etc
- 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
Subdivision E – Cancellation etc
- 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
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 requirement to provide personal identifier
- 191. End of certain detention
- 192. Detention of visa holders whose visas liable to cancellation
- 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
Division 8 – Removal of unlawful non-citizens etc
Subdivision A – Removal
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
- 198B. Power to bring transitory persons to Australia
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
- 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
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
- 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
Subdivision D – Offences and civil penalties in relation to sponsored visas
- 245AQ. Definitions
- 245AR. Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event
- 245AS. Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship-related event
- 245AT. Criminal liability of executive officers of bodies corporate
- 245AU. Civil liability of executive officers of bodies corporate
- 245AV. Contravening civil penalty provisions
- 245AW. Geographical scope of offence and civil penalty provisions
- 245AX. Treatment of partnerships
- 245AY. Treatment of unincorporated associations
Division 12A – Chasing, boarding etc
- 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, detention and identification
- 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
- 257A. Person may be required to provide personal identifiers
- 258. Minister may determine that specified persons are not to be required to provide personal identifiers etc.
- 258A. When detainees must not be required to provide personal identifiers under section 257A
- 258B. Information to be provided–authorised officers carrying out identification tests
- 258D. Regulations may prescribe manner for carrying out identification tests
- 258E. General rules for carrying out identification tests
- 258F. Person must not be required to provide personal identifiers in a cruel, inhuman or degrading way 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
- Subdivision A–Provision of personal identifiers
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
Subdivision B – Seizure
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
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 or Australian Border Force Commissioner 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
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
Division 1 – Preliminary
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
Division 3 – Registration of migration agents
- 287. Register of Migration Agents
- 288. Application for registration
- 288A. Publishing requirement
- 288B. Requirement to provide further information etc.
- 289. Registration
- 289A. Applicant must not be registered if academic and vocational requirements are not satisfied
- 289B. Applications by Australian legal practitioners
- 290. Applicant must not be registered if not a person of integrity or not fit and proper
- 290A. Applicant must not be registered if continuing professional development requirements are not satisfied
- 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
- 302A. Cancellation of registration–Australian legal practitioners
- 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
Division 3A – Documents relating to clients of inactive migration agents and deceased migration agents
- 306A. Objects of this Division
- 306B. Inactive migration agents
- 306C. Definition of client
- 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
Division 4 – Investigations and decision-making by the Migration Agents Registration Authority
Division 4A – Disciplining former registered migration agents
- 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
Division 5 – Obligations of registered migration agents
Division 6 – Migration Agents Registration Authority
- 315. Migration Agents Registration Authority–nature, powers and functions
- 316. Functions of Migration Agents Registration Authority
- 317. General powers of the Migration Agents Registration Authority
- 318. Power to refer people to mediation
- 319. Referral of conduct of certain migration agents to legal disciplinary authorities
- 320. Minister may delegate powers and functions
- 321A. Disclosure of personal information by the Migration Agents Registration Authority
Division 6A – Registration application fees and registration status charges
- 332A. Collection of registration status charge
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
Division 8 – Transitional arrangements for Australian legal practitioners
- 333. Definitions
- 333A. Restrictions on giving immigration assistance and making immigration representations
- 333B. Registered migration agents who were unrestricted legal practitioners immediately before the Division 8 commencement day
- 333C. Persons who were restricted legal practitioners immediately before the Division 8 commencement day
- 333D. Registration applications made before the Division 8 commencement day
- 333E. Events required to be notified under s 312(4)
- Division 1 – Preliminary
- Section 336A: Definitions
- Section 336B: Application
- Division 2 – Accessing identifying information
- Division 3 – Disclosing identifying information
- Section 336E: Disclosing identifying information
- Section 336F: Authorising disclosure of identifying information to foreign countries etc.
- Section 336FA: Disclosure of certain personal identifiers to selected individuals
- Section 336FB: Disclosure of other relevant information to selected individuals
- Section 336FC: Disclosure of certain personal identifiers to the general public
- Section 336FD: Disclosure of other relevant information to the general public
- Division 4 – Modifying and impairing identifying information
- Section 336G: Unauthorised modification of identifying information
- Section 336H: Unauthorised impairment of identifying information
- Section 336J: Meanings of unauthorised modification and unauthorised impairment etc.
- Division 5 – Destroying identifying information
- Section 336K: Destroying identifying information
- Section 336L: Identifying information that may be indefinitely retained
Division 1 – Interpretation
Division 2 – Part 5 – reviewable decisions
Division 3 – Part 5 – reviewable decisions
- 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
Division 4 – Part 5 – reviewable decisions
- 353. Tribunal’s way of operating
- 353B. Guidance decisions
Division 5 – Part 5 – reviewable decisions
- 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
- Division 6–Part 5-reviewable 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
Division 7 – Part 5 – reviewable decisions
- 370. Failure to comply with summons
- 371. Refusal to be sworn or to answer questions
Division 8 – Part 5 – reviewable decisions
- 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
Division 8A – Part 5 – reviewable decisions
- 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
Division 1 – Interpretation
- 408. Simplified outline of this Part
- 409. Scope of this Part
- 410. Interpretation
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
- 419. Certain decisions on review to be made within prescribed period etc.
Division 3 – Part 7 – reviewable decisions
- 420. Tribunal’s way of operating
- 420B. Guidance decisions
Division 4 – Part 7 – reviewable decisions
- 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.
Division 5 – Part 7 – reviewable 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
Division 6 – Part 7 – reviewable decisions
- 432. Failure to comply with summons
- 433. Refusal to be sworn or to answer questions
Division 7 – Part 7 – reviewable decisions
- 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
Division 7A – Review of Part 7 – reviewable decisions
- 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
Division 1 – Introduction
Division 2 – Referral of fast track reviewable decisions to Immigration Assessment Authority
Division 3 – Conduct of review
Subdivision A – Natural justice requirements
Subdivision B – Review on the papers
Subdivision C – Additional information
Division 4 – Decisions of Immigration Assessment Authority
Division 5 – Exercise of powers and functions by Immigration Assessment Authority
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
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
Division 8 – The Immigration Assessment Authority
Division 1 – Privative clause
- 474. Decisions under Act are final
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 and Family Court of Australia (Division 2)
- 476A. Limited jurisdiction of the Federal Court
- 476B. Remittal by the High Court
- 477. Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2)
- 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 and Family Court of Australia (Division 2)
- 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 and Family Court of Australia (Division 2) or the Federal Court
- 486D. Disclosing other judicial review proceedings
- 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
- 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
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
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
Division 3 – Miscellaneous
- 486ZD. Ancillary contravention of civil penalty provisions
- 486ZE. Mistake of fact
- 486ZF. State of mind
- 486ZG. Civil double jeopardy
Division 1 – Preliminary
- 487A. Definitions
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
Division 3 – Search warrants
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
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
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
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
Subdivision E – General provisions relating to seizure
Subdivision F – Issue of search warrants
Subdivision G – Identity cards
Subdivision H – Powers of issuing officers
- 487ZH. Powers of issuing officers
Division 1 – Bogus documents
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 and Family Court of Australia (Division 2)–permanent non-disclosure orders
- 503C. Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)–interim non-disclosure orders
- 503D. Details of gazetted agency to be treated as protected information
- 503E. Validation of decisions
- 504. Regulations
- 505. Regulations about visa criteria
- 506. Regulations about passenger cards
- 506A. Regulations may provide for infringement notices
- 506B. Tax file numbers
- 507. Marital or relationship status
