This article will highlight an occupier’s responsibilities under the Migration Act 1958. But first, what is an occupier? Section 268AA defines this term. According to the section, an occupier is a person who is in charge of a vehicle or vessel, or represents the occupier.
Such occupiers play a big role in migration matters. Occupiers not only carry passengers who want to visit Australia but also passengers who want to migrate to Australia. Australia gives utmost attention and care to its border control and safety. Migrants can still pose a threat so there are laws in place that ensure migrants are thoroughly investigated.
Read on to learn more about an occupier’s responsibilities under the Migration Act 1958.
Section 487U: Occupier Entitled to Observe Execution of Search Warrant
So do occupiers have the right to observe the search warrant for their vehicle or vessel? Yes. Section 487U confirms this. The section states an occupier’s responsibilities during searches involve:
- Having the right to watch the search as it happens
- Observing and not interfering during the search. If they do try to interfere, they may lose their right to watch.
Authorities or police can search different parts of the premises even if the occupier is observing in another area. Here’s an example:
Imagine police that have a warrant to search a ship. The captain of the ship, Captain Lewis (the occupier) has the right to be present and be present during the search. Captain Lewis can observe where the officer look, for example, the main deck or the accommodation area. However, Captain Lewis cannot interfere with police if they want to search in other parts of the ship.
Some searches usually involve if there are illegal drugs or if they are carrying illegal immigrants that occupiers may want to bring in Australia.
Section 487V: Occupier to Provide Authorised Officer With Facilities and Assistance
Section 487 also states more such occupier’s responsibilities. If police or authorities arrive at premises, the occupier or someone who is in charge in the occupier’s absence must:
- Give the authorities or police assistance with conducting the search properly. An occupier’s responsibilities under this will include unlocking doors, hatches, moving furniture whenever necessary. Occupiers must answer any questions about the premises’ layout truthfully.
- Not refuse any help needed. If they do, they may face heavy fines and reasonable suspicion that they are hiding something.
Occupier’s Responsibilities: Warrant Procedures
1. Evaluation Phase
Police officers need to consider a few things during the evaluation phase or when they get a warrant. Is a warrant the best option? Do they have the right legal basis for the search? Is there enough evidence to justify the search? All these questions are important when conducting warrant searches. Basically, they need to:
- Search for other options other than issuing a warrant
- Identify good reasons to conduct the search
- Have the right paperwork
- Know the occupier’s responsibilities
2. Preparation Phase
Suppose that the police or authorities have a good reason to conduct a search with a warrant. The officers may now come up with a plan on how to execute the search. This includes:
- Getting extra help from specialists or experts or even use the occupier’s responsibilities. As mentioned, occupiers or captains or pilots know their ships and aircrafts best. Hence, they must also help with the search whenever necessary
- Considering the the risks involved in the search and take steps to ensure everyone’s safety inside the premises
- Being specific about what or who are they looking for during the search
- Understand the laws around search warrants and make sure officers stay within those limits.
3. Execution Phase
The execution phase is when the officers conduct the search. Firstly, officers need to document their findings and what they did during the search. Officers must treat everyone involved in the premises with respect and explain in detail what they are doing. Secondly, they must document and handle correctly in case there are court procedures.
4. Post Execution Phase
After the search is done, officers need to store any document or reports they have gathered. The authorities or officers will then assess if the search led them to any new information that can help with their investigation.
Boat Arrivals and Australia’s Immigration System
Australia’s immigration system is strict and public anxiety over boat arrivals without visas has driven government decisions. A surge in boat arrivals between 2001 and 2013 forced both Labour and Coalition governments to act. These actions were to deter future arrivals, strengthen the border and combat people smuggling. Both major parties agree on most of the measures:
- Mandatory detention for boat arrivals (introduced 1992)
- Offshore processing in Pacific Island countries (established 2001 and 2012)
The main issue now is whether onshore asylum seekers who are found to be refugees should get temporary or permanent protection visas in Australia.
Since 2013 the government has maintained regional processing centres in Nauru and Papua New Guinea (PNG). Around 1,300 are being processed offshore. The government says resettling them in Australia would encourage more boat arrivals. So there are limited resettlement options for this group, many of whom have been in these centres since 2013.
Offshore processing has been a problem for some time. Critics point to evidence of mental health issues among long term detainees and physical harm in the centres, particularly for women and children in Nauru.
Growing public concern and a recent PNG Supreme Court decision that the PNG centre is unconstitutional has put pressure on the government to find solutions for those affected by this policy. This will be a ongoing issue in Parliament.
Seeking Legal Advice About Occupier’s Responsibilities
Conducting search warrants for suspected unlawful immigrants residing within the country strengthens border enforcement efforts. It helps locate individuals who may have bypassed official entry checkpoints and could potentially pose a threat to national security or public safety. This, alongside measures to address boat arrivals, contributes to a more comprehensive approach to immigration control.
However, it’s important to note that search warrants must be obtained legally and exercised with due process to protect the rights of all residents in Australia. Hence, it’s important to seek legal advice when there are search warrants involved in your matter. JB Solicitors has immigration lawyers who can help with the due process of search warrants and inform you of your rights.
Contact us today if you need more information about an occupier’s responsibilities.
