The Migration Act (1958) outlines certain provisions in relation to searching education providers’ premises. Specifically, Subdivision C under Division 14A consists of certain Sections related to searching education providers’ premises.
In this article, we will go over the following Sections:
- Section 268CA
- Section 268CB
- Section 268CC
- Section 268CD
- Section 268CE
- Section 268CF
Section 268CA: Authorised Officer May Enter Premises for a Visa Monitoring Purpose
Subsection (1) of Section 268CA in relation to searching education providers’ premises states that an authorised official may for a visa monitoring purpose:
- enter any premises:
- occupied by an education provider for the purposes of providing courses of education or of training; or
- at which it is reasonable to believe there might be a thing belonging to an education provider, or an activity conducted by or with the consent of the provider, that is relevant to a visa monitoring purpose
- exercise the monitoring powers set out in section 268CI
Subsection (2) states that an authorised officer does not have authority to enter premises unless:
- the occupier of the premises consents to the entry and the officer shows his identity card if the occupier so requests, or
- they make the entry under a monitoring warrant
Lastly, the powers in this subdivisions may be exercised if any relevant student visa is no longer in effect or the holder of any such visa is no longer enrolled in a course provided by the education provider.
Section 268CB: Being on Premises With Consent
Subsection (1) states that an authorised officer may enter premises under Section 268CA with the consent of the occupier of the premises at any reusable time of the day or night. However, the authorised officer must leave the premises if the occupier asks the officer to do so.
Section 268CC: Consent
While the authorised officer asks for consent to enter premises for visa monitoring purposes, they must also inform them that they can refuse consent. Point (2) states that the entry of an authorised person is lawful only if the person voluntarily consents to their entry.
Section 268CD: Authorised Officer May Apply for Monitoring Warrant
Subsection (1) states that an authorised officer may apply to a magistrate or tribunal member for a monitoring warrant in relation to education providers’ premises. Importantly, note that in urgent circumstances, they can obtain monitoring warrants by fax, telephone or any other electronic means.
Moreover, subsection (2) states that the officer must give the magistrate or tribunal member an information on oath or affirmation that sets out the grounds for seeking the warrant.
Section 268CE: Magistrate or Tribunal Member May Issue Monitoring Warrant
The magistrate or tribunal member may issue a monitoring warrant if he or she is satisfied that it is reasonably necessary that one or more authorised officers have access to the premises mentioned in subsection 268CA(1) (see above) for a visa monitoring purpose.
Section 268CF: Magistrate or Tribunal Member May Require More Information
Subsection (1) states that the magistrate or tribunal member may require an authorised officer to give a tribunal member or magistrate further information on oath or affirmation concerning the grounds on which the mounting warrant is being sought before issuing it. Moreover, they may give this information either orally or by an affidavit.
Furthermore, the magistrate or tribunal member must not issue the warrant until the officer or other person has given the required information.
Section 268CG: Contents of Monitoring Warrant
Subsection (1) states that a monitoring warrant must:
- authorise one or more officers:
- to enter the premises; and
- to exercise the powers under section 268CI, and
- state whether the entry is authorised at the time of the day or night or during species hours of the day or night; and
- state the day and time at which it ceases to have effect (which must be no later than 7 days after it is issued); and
- state the purpose for which the warrant is issued; and
- state that the warrant is issued under section 268CE.
Secondly, this sections states that the authorised officers do not have to be named in the warrant.
Section 268CH: Use of Reasonable Force and Assistance
This Section states that an authorised officer may use reasonable force as is necessary and reasonable in entering the premises under a monitoring warrant and exercising the powers under Section 268CI.
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