MIGRATION ACT 1958

Commonwealth Consolidated Acts

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MIGRATION ACT 1958

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Short title [see Note 1]
2. Commencement [see Note 1]
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
5A. Meaning of personal identifier
5B. When personal identifier taken not to have been provided
5C. Meaning of character concern
5D. Limiting the types of identification tests that authorised officers may carry out
5E. Meaning of purported privative clause decision
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
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

PART 2--CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS

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

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
36. Protection visas
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
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
45A. Visa application charge
45B. Amount of visa application charge
45C. Regulations about visa application charge
46. Valid visa application
46A. Visa applications by offshore entry persons
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. Non-citizen refused a protection visa may not make further application for protection visa
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
65A. Period within which Minister must make decision on protection visas
66. Notification of decision
67. Way visa granted
68. When visa is in effect
69. Effect of compliance or non-compliance

Subdivision AE--Evidence of visas

70. Evidence of visa
71. Ways of giving evidence

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 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
91R. Persecution
91S. Membership of a particular social group
91T. Non-political crime
91U. Particularly serious crime
91V. Verification of information
91W. Documentary evidence of identity, nationality or citizenship
91X. Names of applicants for protection visas not to be published by the High Court, the Federal Court or the Federal Magistrates Court
91Y. Secretary's obligation to report to Minister

Subdivision B--The

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

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 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 GA--Cancellation of approval as a business sponsor

137A. Definitions
137B. Power of Minister to cancel approval as a business sponsor
137C. Non-cancellation of approval because of one matter not to prevent cancellation of approval because of another matter
137D. Notice of decision
137E. What constitutes an appropriate address for delivery of notice of a decision
137F. Effect of compliance
137G. Effect of setting aside decision to cancel approval
137H. Provision of information--business sponsors

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. Way visa cancelled or cancellation revoked
139. Visas held by 2 or more
140. Cancellation of visa results in other cancellation

Division 3A--Sponsorship

Subdivision A--Application of Division

140A. Division applies to prescribed kinds of visa

Subdivision B--Sponsorship system

140B. Sponsorship as a criterion for prescribed visas
140C. Sponsorship as a criterion for valid visa applications
140D. Approved sponsor
140E. Approving sponsor
140F. Process for approving sponsors
140G. Terms of approval as a sponsor
140H. Sponsorship undertakings
140I. Amounts payable to the Commonwealth
140J. Cancelling or barring approval as a sponsor if undertakings breached
140K. Cancelling or barring approval as a sponsor in other circumstances
140L. Actions under sections 140J and 140K
140M. Right to take security under section 269 etc. not affected
140N. Process for cancelling or barring approval as a sponsor
140O. Waiving a bar
140P. Process for waiving a bar
140Q. Consequences if the visa holder or the sponsor changes status
140R. Joint and several liability for debts
140S. Liability to pay other amounts
140T. Notice regarding amount of debt or other amount
140U. Liability is in addition to any other liability
140V. Disclosure of personal information in prescribed circumstances etc.
140W. Other regulation making powers not limited etc.

Subdivision C--Application of the sponsorship system to partnerships and unincorporated associations

140X. Application to partnerships
140Y. Sponsorship obligations and rights of partnership
140Z. New partners
140ZA. Retiring partners
140ZB. Discharging sponsorship obligations and exercising sponsorship rights--partnerships
140ZC. Application to unincorporated associations
140ZD. Sponsorship obligations and rights of unincorporated associations
140ZE. New members of committees of management
140ZF. Former members of committees of management
140ZG. Discharging sponsorship obligations and exercising sponsorship rights--unincorporated associations
140ZH. Definitions

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

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

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 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

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

198. Removal from Australia of unlawful non-citizens
198A. Offshore entry person may be taken to a declared country
198B. Power to bring transitory persons to Australia
198C. Certain transitory persons entitled to assessment of refugee status
198D. Certificate of non-cooperation
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

207. Interpretation
208. Determination of daily maintenance amount
209. Detainees liable for costs of detention
210. Removed or deported non-citizen liable for costs of removal or deportation
211. Costs of detained spouses and dependants
212. Costs of removed or deported spouses and dependants
213. Carriers may be liable for costs of detention, 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 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 in relation to entry into, and remaining in,

Subdivision A--General offences

228A. Application of Subdivision
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
232A. Organising bringing groups of non-citizens into Australia
233. Persons concerned in bringing non-citizens into Australia in contravention of this Act or harbouring illegal entrants
233A. Other offences relating to groups of non-citizens etc.
233B. No discharge of offenders without proceeding to conviction for certain offences
233C. Mandatory penalties for certain offences
234. False papers etc.
235. Offences in relation to work
236. Offences relating to visas

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
242. Offence to arrange pretended interdependency relationship to obtain permanent residence
243. Offences relating to application for permanent residence because of marriage or de facto relationship
244. Offences relating to an application for permanent residence because of interdependency relationship
245. Offences of making false or unsupported statements

Subdivision C--Offences in relation to persons who allow non-citizens to work, or refer non-citizens for work, in certain circumstances

245AA. Overview
245AB. Allowing an unlawful non-citizen to work
245AC. Allowing a non-citizen to work in breach of a visa condition
245AD. Referring an unlawful non-citizen for work
245AE. Referring a non-citizen for work in breach of a visa condition
245AF. Circumstances in which this Subdivision does not apply
245AG. Meaning of work and allows to work
245AH. Meaning of exploited
245AI. Meaning of other terms
245AJ. Geographical jurisdiction
245AK. On a trial for an aggravated offence

Division 12A--Chasing, boarding etc

245A. Definitions
245B. Request to board a ship
245C. Power to chase foreign ships for boarding
245D. Power to chase Australian ships for boarding
245E. Identifying an aircraft and requesting it to land for boarding
245F. Power to board and search etc. ships and aircraft
245FA. Searches of people on certain ships or aircraft
245FB. Returning persons to ships
245G. Boarding of certain ships on the high seas
245H. Moving or destroying hazardous ships etc.

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 passengers and crew
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 non-citizen cannot be required to provide personal identifier
258B. Information to be provided--authorised officers carrying out identification tests
258C. Information to be provided--authorised officers not carrying out identification tests
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

PART 2--CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS

Division 14--Recovery of costs from certain persons

262. Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons because of section 250
263. Secretary 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 may issue documents containing information concerning certain persons

PART 3--MIGRATION AGENTS AND IMMIGRATION ASSISTANCE

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

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

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

Division 3AA--Disciplining registered migration agents for engaging in vexatious activity

Subdivision A--Definitions

306AB. Definitions

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

Subdivision D--Review

306AJ. Review by the Administrative Appeals Tribunal
306AK. Stay orders

Subdivision E--Making disciplinary details available

306AL. Making disciplinary details publicly available
306AM. Providing disciplinary details to clients

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

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.

Division 4A--Disciplining former registered migration agents

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

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

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

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

Division 6A--Registration application fees and registration status charges

332A. Collection of registration status charge
332B. Payments to Migration Institute of Australia Limited

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

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

PART 4A--OBLIGATIONS RELATING TO IDENTIFYING INFORMATION

Division 1--Preliminary

336A. Definitions
336B. Application

Division 2--Accessing identifying information

336C. Accessing identifying information
336D. Authorising access to identifying information

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

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.

Division 5--Destroying identifying information

336K. Destroying identifying information
336L. Identifying information that may be indefinitely retained

PART 5--REVIEW OF DECISIONS

Division 1--Interpretation

337. Interpretation

Division 2--Decisions reviewable by Migration Review Tribunal

338. Decisions reviewable by Migration Review Tribunal
339. Conclusive certificates

Division 3--Review of decisions by Migration Review Tribunal

347. Application for review by Migration Review Tribunal
348. Migration Review Tribunal must review decisions
349. Powers of Migration Review Tribunal
350. Review of assessments made under section 93
351. Minister may substitute more favourable decision
352. Secretary to be notified of application for review by Migration Review Tribunal

Division 4--Exercise of Tribunal's powers

353. Tribunal's way of operating
353A. Principal Member may give directions
354. Constitution of Tribunal for exercise of powers
355. Reconstitution of Tribunal--unavailability of member
355A. Reconstitution of Tribunal for efficient conduct of review
356. Exercise of Tribunal's powers
357. Presiding member

Division 5--Conduct of review

357A. Exhaustive statement of natural justice hearing rule
358. Documents to be given to the Tribunal
359. Tribunal may seek additional 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 additional 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. Applicant may request Tribunal to call witnesses
362A. Applicant entitled to have access to written material before Tribunal
362B. Failure of applicant to appear before Tribunal
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. Presiding member may authorise another person 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 decisions to be made within prescribed period

Division 6--Decisions of Tribunal

368. Tribunal to record its decisions etc.
368A. Tribunal must invite parties to handing down of decision
368B. Tribunal decision to be handed down
368C. Applicant taken to be notified when representative notified
368D. Tribunal must notify parties (parties not invited to handing down of decision)
369. Certain Tribunal decisions to be published

Division 7--Offences

370. Failure of witness to attend
371. Refusal to be sworn or to answer questions etc.
372. Contempt of Tribunal

Division 8--Miscellaneous

373. Protection of members and persons giving evidence
374. Fees for persons giving evidence
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.
377. Disclosure of confidential information
378. Tribunal may restrict publication of certain matters
379. Sittings of Tribunal

Division 8A--Giving and receiving review 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
379E. Tribunal may give copies of documents
379F. Giving documents etc. to the Tribunal
379G. Authorised recipient

Division 9--Referral of decisions to Administrative Appeals Tribunal

380. Interpretation
381. Referral of decisions to Administrative Appeals Tribunal
382. Administrative Appeals Tribunal may accept or decline referral
383. Modification of definition of member in section 3 of the AAT Act
384. Modification of section 21 of the AAT Act
385. Certain sections of the AAT Act do not apply to MRT-reviewable decisions
386. Modification of section 25 of the AAT Act
387. Modification of section 30 of the AAT Act
388. Modification of section 37 of the AAT Act
389. Modification of section 38 of the AAT Act
390. Modification of section 43 of the AAT Act
391. Minister may substitute more favourable decision
392. Provision of material to which section 376 applies
393. Section 9 of AAT Act not to apply to Principal Member

PART 6--MIGRATION REVIEW TRIBUNAL

Division 1--Establishment and membership of the Migration Review Tribunal

394. Establishment of the Migration Review Tribunal
395. Membership of Migration Review Tribunal
396. Appointment of members
397. Principal Member
398. Period of appointment of members
399. Remuneration and allowances of members
400. Other terms and conditions
401. Resignation
402. Disclosure of interests
403. Removal from office
404. Acting appointments
405. Delegation

Division 2--Registries and officers

406. Registries
407. Officers of Tribunal
408. Acting appointments

PART 7--REVIEW OF PROTECTION VISA DECISIONS

Division 1--Interpretation

410. Interpretation

Division 2--Review of decisions by Refugee Review Tribunal

411. Decisions reviewable by Refugee Review Tribunal
412. Application for review by the Refugee Review Tribunal
413. Refugee Review Tribunal to deal with the backlog of review applications
414. Refugee Review Tribunal must review decisions
414A. Period within which Refugee Review Tribunal must review decision on protection visas
415. Powers of Refugee Review Tribunal
416. Only new information to be considered in later applications for review
417. Minister may substitute more favourable decision
418. Secretary to be notified of application for review by Refugee Review Tribunal
419. Certain decisions made by members of the Tribunal in their capacity as delegates of the Minister to be treated as decisions of the Tribunal for certain purposes

Division 3--Exercise of Refugee Review Tribunal's powers

420. Refugee Review Tribunal's way of operating
420A. Principal Member may give directions
421. Constitution of Refugee Review Tribunal for exercise of powers
422. Reconstitution of Refugee Review Tribunal--unavailability of member
422A. Reconstitution of Tribunal for efficient conduct of review

Division 4--Conduct of review

422B. Exhaustive statement of natural justice hearing rule
423. Documents to be given to the Refugee Review Tribunal
424. Tribunal may seek additional 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 additional 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 Refugee Review Tribunal to call witnesses
426A. Failure of applicant to appear before Tribunal
427. Powers of the Refugee Review Tribunal etc.
428. Tribunal member may authorise another person to take evidence
429. Review to be in private
429A. Oral evidence by telephone etc.

Division 5--Decisions of Refugee Review Tribunal

430. Refugee Review Tribunal to record its decisions etc.
430A. Tribunal must invite parties to handing down of decision
430B. Tribunal decision to be handed down
430C. Applicant taken to be notified when representative notified
430D. Tribunal must notify parties (parties not invited to handing down of decision)
431. Certain Tribunal decisions to be published

Division 6--Offences

432. Failure of witness to attend
433. Refusal to be sworn or to answer questions etc.
434. Contempt of Tribunal

Division 7--Miscellaneous

435. Protection of members and persons giving evidence
436. Fees for persons giving evidence
437. Restrictions on disclosure of certain information etc.
438. Refugee Review Tribunal's discretion in relation to disclosure of certain information etc.
439. Disclosure of confidential information
440. Refugee Review Tribunal may restrict publication or disclosure of certain matters
440A. Principal Member's obligation to report to Minister
441. Sittings of the Refugee Review Tribunal

Division 7A--Giving and receiving review 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
441E. Tribunal may give copies of documents
441F. Giving documents etc. to the Tribunal
441G. Authorised recipient

Division 8--Referral of decisions to Administrative Appeals Tribunal

442. Interpretation
443. Referral of decisions to Administrative Appeals Tribunal
444. Administrative Appeals Tribunal may accept or decline referral
445. Modification of definition of member in section 3 of the AAT Act
446. Modification of section 21 of the AAT Act
447. Certain sections of the AAT Act do not apply to RRT-reviewable decisions
448. Modification of section 25 of the AAT Act
449. Modification of section 30 of the AAT Act
450. Modification of section 37 of the AAT Act
451. Modification of section 38 of the AAT Act
452. Modification of section 43 of the AAT Act
453. Only new information to be considered in later applications for review
454. Minister may substitute more favourable decision
455. Provision of material to which section 438 applies
456. Section 9 of AAT Act not to apply to Principal Member

Division 9--Establishment and membership of the Refugee Review Tribunal

457. Establishment of the Refugee Review Tribunal
458. Membership of Refugee Review Tribunal
459. Appointment of members
460. Principal Member
461. Period of appointment of members
462. Remuneration and allowances of members
464. Leave of absence
465. Other terms and conditions
466. Resignation
467. Disclosure of interests
468. Removal from office
469. Acting appointments
470. Delegation

Division 10--Registry and officers

471. Registry
472. Officers of Tribunal
473. Acting appointments

PART 7A--STATUTORY AGENCY FOR PURPOSES OF PUBLIC SERVICE ACT

473A. Statutory agency for purposes of Public Service Act

PART 8--JUDICIAL REVIEW

Division 1--Privative clause

474. Decisions under Act are final

Division 2--Jurisdiction and procedure of courts

475. This Division not to limit section 474
476. Jurisdiction of the Federal Magistrates Court
476A. Limited jurisdiction of the Federal Court
476B. Remittal by the High Court
477. Time limits on applications to the Federal Magistrates 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
483. Section 44 of the Administrative Appeals Tribunal Act 1975
484. Exclusive jurisdiction of High Court, Federal Court and Federal Magistrates Court

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 Magistrates Court or the Federal Court
486D. Disclosing other judicial review proceedings

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

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

PART 9--MISCELLANEOUS

487. Liability for identification tests
488. Tampering with movements records
488A. Giving information to other relevant agencies
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, servants and agents
494. Jurisdiction of courts
494AA. Bar on certain legal proceedings relating to offshore entry persons
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)
501C. Refusal or cancellation of visa--revocation of decision under subsection 501(3) or 501A(3)
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
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
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 the Federal Court or the Federal Magistrates Court--permanent non-disclosure orders
503C. Protection of confidential information disclosed to the Federal Court or the Federal Magistrates 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
507. Marital status
SCHEDULE Acts relating to immigration and deportation repealed

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