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MIGRATION ACT 1958


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Repeal and savings  
   3A.     Act not to apply so as to exceed Commonwealth power  
   3B.     Compensation for acquisition of property  
   4.      Object of Act  
   4AA.    Detention of minors a last resort  
   4A.     Application of the Criminal Code  
   5.      Interpretation  
   5AAA.   Non-citizen's responsibility in relation to protection claims  
   5AA.    Meaning of unauthorised maritime arrival  
   5A.     Meaning of personal identifier  
   5B.     When personal identifier taken not to have been provided  
   5C.     Meaning of character concern  
   5CA.    Child of a person  
   5CB.    De facto partner  
   5D.     Limiting the types of identification tests that authorised officers may carry out  
   5E.     Meaning of purported privative clause decision  
   5F.     Spouse  
   5G.     Relationships and family members  
   5H.     Meaning of refugee  
   5J.     Meaning of well-founded fear of persecution  
   5K.     Membership of a particular social group consisting of family  
   5L.     Membership of a particular social group other than family  
   5LA.    Effective protection measures  
   5M.     Particularly serious crime  
   6.      Effect of limited meaning of enter Australia etc.  
   7.      Act to extend to certain Territories  
   7A.     Effect on executive power to protect Australia's borders  
   8.      Certain resources installations to be part of Australia  
   9.      Certain sea installations to be part of Australia  
   9A.     Migration zone etc.--offshore resources activities  
   10.     Certain children taken to enter Australia at birth  
   11.     Visa applicable to 2 or more persons  
   12.     Application of Part VA of the Marriage Act  

   PART 2--ARRIVAL, PRESENCE AND DEPARTURE OF PERSONS

           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  
   35A.    Protection visas--classes of visas  
   36.     Protection visas--criteria provided for by this Act  
   37.     Bridging visas  
   37A.    Temporary safe haven visas  
   38.     Criminal justice visas  
   38A.    Enforcement visas  
   38B.    Maritime crew visas  
   39.     Criterion limiting number of visas  
   39A.    Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas  
   40.     Circumstances for granting visas  
   41.     Conditions on visas  
   42.     Visa essential for travel  
   43.     Visa holders must usually enter at a port  

              Subdivision AA--Applications for visas

   44.     Extent of following Subdivisions  
   45.     Application for visa  
   45AA.   Application for one visa taken to be an application for a different visa  
   45A.    Visa application charge  
   45B.    Amount of visa application charge  
   45C.    Regulations about visa application charge  
   46.     Valid visa application  
   46AA.   Visa applications, and the grant of visas, for some Act-based visas  
   46A.    Visa applications by unauthorised maritime arrivals  
   46B.    Visa applications by transitory persons  
   47.     Consideration of valid visa application  
   48.     Non-citizen refused a visa or whose visa cancelled may only apply for particular visas  
   48A.    No further applications for protection visa after refusal or cancellation  
   48B.    Minister may determine that section 48A does not apply to non-citizen  
   49.     Withdrawal of visa application  
   50.     Only new information to be considered in later protection visa applications  
   51.     Order of consideration  

              Subdivision AB--Code of procedure for dealing fairly, efficiently and quickly with visa applications

   51A.    Exhaustive statement of natural justice hearing rule  
   52.     Communication with Minister  
   54.     Minister must have regard to all information in application  
   55.     Further information may be given  
   56.     Further information may be sought  
   57.     Certain information must be given to applicant  
   58.     Invitation to give further information or comments  
   59.     Interviews  
   60.     Medical examination  
   61.     Prescribed periods  
   62.     Failure to receive information 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

   65.     Decision to grant or refuse to grant visa  
   66.     Notification of decision  
   67.     Grant and refusal of visa--how and when  
   68.     When visa is in effect  
   69.     Effect of compliance or non-compliance  

              Subdivision AF--Bridging visas

   72.     Interpretation  
   73.     Bridging visas  
   74.     Further applications for bridging visa  
   75.     When eligible non-citizen in immigration detention granted visa  
   76.     Bridging visa not affect visa applications  

              Subdivision AG--Other provisions about visas

   77.     Visas held during visa period  
   78.     Children born in Australia  
   79.     Effect on visa of leaving Australia  
   80.     Certain persons taken not to leave Australia  
   81.     Extent of visa authority  
   82.     When visas cease to be in effect  
   83.     Certain persons taken to be included in spouse, de facto partner or parent's visa  
   84.     Minister may suspend processing of visa applications  

              Subdivision AH--Limit on visas

   85.     Limit on visas  
   86.     Effect of limit  
   87.     Limit does not prevent visas for certain persons  
   87A.    Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control  
   88.     Limit does not affect processing of applications  
   89.     Determination of limit not to mean failure to decide  
   90.     Order of dealing with limited visas  
   91.     Order of dealing with visas  

              Subdivision AI--Safe third countries

   91A.    Reason for Subdivision  
   91B.    Interpretation  
   91C.    Non-citizens covered by Subdivision  
   91D.    Safe third countries  
   91E.    Non-citizens to which this Subdivision applies unable to make valid applications for certain visas  
   91F.    Minister may determine that section 91E does not apply to non-citizen  
   91G.    Applications made before regulations take effect  

              Subdivision AJ--Temporary safe haven visas

   91H.    Reason for this Subdivision  
   91J.    Non-citizens to whom this Subdivision applies  
   91K.    Non-citizens to whom this Subdivision applies are unable to make valid applications for certain visas  
   91L.    Minister may determine that section 91K does not apply to a non-citizen  

              Subdivision AK--Non-citizens with access to protection from third countries

   91M.    Reason for this Subdivision  
   91N.    Non-citizens to whom this Subdivision applies  
   91P.    Non-citizens to whom this Subdivision applies are unable to make valid applications for certain visas  
   91Q.    Minister may determine that section 91P does not apply to a non-citizen  
   91V.    Verification of information  
   91W.    Evidence of identity and bogus documents  
   91WA.   Providing bogus documents or destroying identity documents  
   91WB.   Application for protection visa by member of same family unit  
   91X.    Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit Court  

              Subdivision B--The "points" system

   92.     Operation of Subdivision  
   93.     Determination of applicant's score  
   94.     Initial application of "points" system  
   95.     Applications in pool  
   95A.    Extension of period in pool  
   96.     Minister may set pool mark and pass mark  

              Subdivision C--Visas based on incorrect information may be cancelled

   97.     Interpretation  
   97A.    Exhaustive statement of natural justice hearing rule  
   98.     Completion of visa application  
   99.     Information is answer  
   100.    Incorrect answers  
   101.    Visa applications to be correct  
   102.    Passenger cards to be correct  
   103.    Bogus documents not to be given etc.  
   104.    Changes in circumstances to be notified  
   105.    Particulars of incorrect answers to be given  
   106.    Obligations to give etc. information is not affected by other sources of information  
   107.    Notice of incorrect applications  
   107A.   Possible non-compliances in connection with a previous visa may be grounds for cancellation of current visa  
   108.    Decision about non-compliance  
   109.    Cancellation of visa if information incorrect  
   110.    Cancellation provisions apply whatever source of knowledge of non-compliance  
   111.    Cancellation provisions apply whether or not non-compliance deliberate  
   112.    Action because of one non-compliance 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

   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 FA--Additional personal powers for Minister to cancel visas on section 109 or 116 grounds

   133A.   Minister's personal powers to cancel visas on section 109 grounds  
   133B.   Other provisions relating to the exercise of powers in section 133A  
   133C.   Minister's personal powers to cancel visas on section 116 grounds  
   133D.   Cancellation under subsection 133A(1) or 133C(1)--method of satisfying Minister of matters  
   133E.   Cancellation under subsection 133A(1) or 133C(1)--notice of cancellation  
   133F.   Cancellation under subsection 133A(3) or 133C(3)--Minister may revoke cancellation in certain circumstances  

              Subdivision FB--Emergency cancellation on security grounds

   134A.   Natural justice  
   134B.   Emergency cancellation on security grounds  
   134C.   Decision about revocation of emergency cancellation  
   134D.   Effect of revocation of cancellation  
   134E.   Notice of cancellation  
   134F.   Effect of cancellation on other visas  

              Subdivision G--Cancellation of business visas

   134.    Cancellation of business visas  
   135.    Representations concerning cancellation of business visa  
   136.    Review of decisions  
   137.    Provision of information--holders of business visas  

              Subdivision GB--Automatic cancellation of student visas

   137J.   Non-complying students may have their visas automatically cancelled  
   137K.   Applying for revocation of cancellation  
   137L.   Dealing with the application  
   137M.   Notification of decision  
   137N.   Minister may revoke cancellation on his or her own initiative  
   137P.   Effect of revocation  

              Subdivision GC--Cancellation of regional sponsored employment visas

   137Q.   Cancellation of regional sponsored employment visas  
   137R.   Representations concerning cancellation etc.  
   137S.   Notice of cancellation  
   137T.   Cancellation of other visas  

              Subdivision H--General provisions on cancellation

   138.    Cancellation and revocation of cancellation of visas--how and when  
   139.    Visas held by 2 or more  
   140.    Cancellation of visa results in other cancellation  

           Division 3A--Sponsorship

              Subdivision A--Preliminary

   140A.   Division applies to prescribed kinds of visa  
   140AA.  Division 3A--purposes  
   140AB.  Ministerial Advisory Council on Skilled Migration  

              Subdivision B--Approving sponsors and nominations

   140E.   Minister to approve sponsor  
   140F.   Process for approving sponsors  
   140G.   Terms of approval as a sponsor  
   140GA.  Variation of terms of approval as a sponsor  
   140GB.  Minister to approve nominations  
   140GBA. Labour market testing--condition  
   140GBB. Labour market testing--major disaster exemption  
   140GBC. Labour market testing--skill and occupational exemptions  
   140GC.  Work agreements  

              Subdivision C--Sponsorship obligations

   140H.   Sponsorship obligations--general  
   140HA.  Sponsorship obligations--Minister's responsibility  
   140J.   Amounts payable in relation to sponsorship obligations  

              Subdivision D--Enforcement

   140K.   Sanctions for failing to satisfy sponsorship obligations  
   140L.   Regulations may prescribe circumstances in which sponsor may be barred or sponsor's approval cancelled  
   140M.   Cancelling approval as a sponsor or barring a sponsor  
   140N.   Process for cancelling or barring approval as a sponsor  
   140O.   Waiving a bar  
   140P.   Process for waiving a bar  
   140Q.   Civil penalty--failing to satisfy sponsorship obligations  
   140RA.  Enforceable undertakings  

              Subdivision E--Liability and recovery of amounts

   140S.   Liability to pay amounts  
   140SA.  Interest up to judgment  
   140SB.  Interest on judgment  
   140SC.  Certain plaintiffs may choose small claims procedure in magistrates courts  
   140T.   Notice regarding amount of debt or other amount  
   140U.   Liability is in addition to any other liability  

              Subdivision F--Inspector powers

   140UA.  Exercise of inspector powers  
   140V.   Inspectors  
   140W.   Identity cards  
   140X.   Purpose for which powers of inspectors may be exercised  
   140XA.  When powers of inspectors may be exercised  
   140XB.  Power of inspectors to enter premises or places  
   140XC.  Powers of inspectors while on premises or at a place  
   140XD.  Persons assisting inspectors  
   140XE.  Power to ask for person's name and address  
   140XF.  Power to require persons to produce records or documents  
   140XG.  Self-incrimination  
   140XH.  Certain records and documents are inadmissible  
   140XI.  Power to keep records or documents  
   140XJ.  Disclosure of information by the Secretary or Australian Border Force Commissioner  

              Subdivision G--Application of Division to partnerships and unincorporated associations

   140ZB.  Partnerships--sponsorship rights and obligations  
   140ZC.  Partnerships--offences and civil penalties  
   140ZD.  Partnership ceases to exist  
   140ZE.  Unincorporated associations--sponsorship rights and obligations  
   140ZF.  Unincorporated associations--offences and civil penalties  
   140ZG.  Unincorporated association ceases to exist  

              Subdivision H--Miscellaneous

   140ZH.  Disclosure of personal information by Minister  
   140ZI.  Disclosure of personal information to Minister  
   140ZJ.  Unclaimed money  
   140ZK.  Other regulation making powers not limited  

           Division 4--Criminal justice visitors

              Subdivision A--Preliminary

   141.    Object of Division  
   142.    Interpretation  
   143.    Delegation by Attorney-General  
   144.    Authorised officials  

              Subdivision B--Criminal justice certificates for entry

   145.    Commonwealth criminal justice entry certificate  
   146.    State criminal justice entry certificate  

              Subdivision C--Criminal justice certificates etc

   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 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

   197A.   Detainees must not escape from detention  
   197B.   Manufacture, possession etc. of weapons by detainees  

           Division 8--Removal of unlawful non-citizens etc

              Subdivision A--Removal

   197C.   Australia's non-refoulement obligations irrelevant to removal of unlawful non-citizens under section 198  
   198.    Removal from Australia of unlawful non-citizens  

              Subdivision B--Regional processing

   198AA.  Reason for Subdivision  
   198AB.  Regional processing country  
   198AC.  Documents to be laid before Parliament  
   198AD.  Taking unauthorised maritime arrivals to a regional processing country  
   198AE.  Ministerial determination that section 198AD does not apply  
   198AF.  No regional processing country  
   198AG.  Non-acceptance by regional processing country  
   198AH.  Application of section 198AD to certain transitory persons  
   198AHA. Power to take action etc. in relation to arrangement or regional processing functions of a country  
   198AI.  Ministerial report  
   198AJ.  Reports about unauthorised maritime arrivals  

              Subdivision C--Transitory persons etc

   198B.   Power to bring transitory persons to Australia  
   199.    Dependants of removed non-citizens  

           Division 9--Deportation

   200.    Deportation of certain non-citizens  
   201.    Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes  
   202.    Deportation of non-citizens upon security grounds  
   203.    Deportation of non-citizens who are convicted of certain serious offences  
   204.    Determination of time for sections 201 and 202  
   205.    Dependants of deportee  
   206.    Deportation order to be executed  

           Division 10--Costs etc

   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  

           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--ARRIVAL, PRESENCE AND DEPARTURE OF PERSONS

           Division 14--Recovery of costs from certain persons

   262.    Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons  
   263.    Secretary or Australian Border Force Commissioner able to issue notice of debt  
   264.    Garnishee notice  
   265.    Debt from failure to comply with garnishee notice  
   266.    Future debts  
   267.    Secretary 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

   268AA.  Definitions  
   268AB.  Division binds the Crown  
   268AD.  Powers conferred on magistrates in their personal capacity  

              Subdivision B--Notices requiring information and documents

   268BA.  Production notices  
   268BB.  Contents of the production notice  
   268BC.  Serving production notices  
   268BD.  Attendance notices  
   268BE.  Contents of attendance notice  
   268BF.  Scales of expenses  
   268BG.  Reasonable compensation for giving copies  
   268BH.  Offence: failing to comply with a notice  
   268BI.  Offence: giving false or misleading information  
   268BJ.  Offence: giving false or misleading document  
   268BK.  Information and documents that incriminate a person  
   268BL.  Copies of documents  
   268BM.  Officer may retain documents  
   268BN.  Owner of document must be given copy  
   268BO.  Retaining documents  
   268BP.  Officer may apply to magistrate or tribunal member for a further period  
   268BQ.  Magistrate or tribunal member may order retention for further period  

              Subdivision C--Searching education providers' premises

   268CA.  Authorised officer may enter premises for a visa monitoring purpose  
   268CB.  Being on premises with consent  
   268CC.  Consent  
   268CD.  Authorised officer may apply for monitoring warrant  
   268CE.  Magistrate or tribunal member may issue monitoring warrant  
   268CF.  Magistrate or tribunal member may require more information  
   268CG.  Contents of monitoring warrant  
   268CH.  Use of reasonable force and assistance  
   268CI.  Monitoring powers of authorised officers  
   268CJ.  Authorised officer on premises with consent may ask questions  
   268CK.  Authorised officer on premises under warrant may ask questions  
   268CL.  Offence: failure to answer question  
   268CM.  Offence: giving false or misleading information  
   268CN.  Offence: giving or showing documents that are false or misleading in material particulars  
   268CO.  Use of electronic equipment in exercising monitoring powers  
   268CP.  Use of electronic equipment by experts  
   268CQ.  Extension of period  
   268CR.  Powers without warrant in emergency situations  
   268CS.  Retaining seized things  
   268CT.  Authorised officer may apply for a thing to be retained for a further period  
   268CU.  Magistrate or tribunal member may order that thing be retained  
   268CV.  Occupier to provide authorised officer with all facilities and assistance  
   268CW.  Announcement before entry  
   268CX.  Copy of monitoring warrant to be given to occupier before entry  
   268CY.  Compensation for damage to electronic equipment or data  
   268CZ.  Occupier entitled to be present during execution of monitoring warrant  
   268CZA. Identity cards  
   268CZB. Authorised officer must produce identity card on request  
   268CZC. Officer may apply for warrants by telephone etc.  
   268CZD. Magistrate or tribunal member may grant warrant by telephone etc.  
   268CZE. Procedure for issuing warrant by telephone etc.  
   268CZF. Procedure after telephone warrant ceases or is executed  
   268CZG. Form of warrant authorises exercise of power  
   268CZH. Court to assume that exercise of power not authorised by telephone etc. warrant  

           Division 15--General

   269.    Securities  
   270.    Reports of absences of crews of vessels  
   271.    Proof of certain matters  
   272.    Migrant centres  
   273.    Detention centres  
   274.    Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons  

   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 PART 5-REVIEWABLE DECISIONS

           Division 1--Interpretation

   336M.   Simplified outline of this Part  
   336N.   Scope of this Part  
   337.    Interpretation  

           Division 2--Part 5-reviewable decisions

   338.    Definition of Part 5-reviewable decision  
   339.    Conclusive certificates  

           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  

   PART 7--REVIEW OF PART 7-REVIEWABLE DECISIONS

           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  

           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  

   PART 7AA--FAST TRACK REVIEW PROCESS IN RELATION TO CERTAIN PROTECTION VISA DECISIONS

           Division 1--Introduction

   473BA.  Simplified outline of this Part  
   473BB.  Definitions  
   473BC.  Minister may determine that certain decisions are to be reviewed under this Part  
   473BD.  Minister may issue conclusive certificate in relation to certain decisions  

           Division 2--Referral of fast track reviewable decisions to Immigration Assessment Authority

   473CA.  Referral of fast track reviewable decisions  
   473CB.  Material to be provided to Immigration Assessment Authority  
   473CC.  Review of decision  

           Division 3--Conduct of review

              Subdivision A--Natural justice requirements

   473DA.  Exhaustive statement of natural justice hearing rule  

              Subdivision B--Review on the papers

   473DB.  Immigration Assessment Authority to review decisions on the papers  

              Subdivision C--Additional information

   473DC.  Getting new information  
   473DD.  Considering new information in exceptional circumstances  
   473DE.  Certain new information must be given to referred applicant  
   473DF.  Invitation to give new information or comments in writing or at interview  

           Division 4--Decisions of Immigration Assessment Authority

   473EA.  Immigration Assessment Authority's decision and written statement  
   473EB.  Notification of Immigration Assessment Authority's decision  
   473EC.  Certain decisions of the Immigration Assessment Authority to be published  

           Division 5--Exercise of powers and functions by Immigration Assessment Authority

   473FA.  How Immigration Assessment Authority is to exercise its functions  
   473FB.  Practice directions  
   473FC.  Guidance decisions  

           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

   473JA.  The Immigration Assessment Authority  
   473JB.  Administrative arrangements  
   473JC.  Appointment of Senior Reviewer  
   473JD.  Acting Senior Reviewer  
   473JE.  Staff  
   473JF.  Delegation  

   PART 8--JUDICIAL REVIEW

           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 Court  
   476A.   Limited jurisdiction of the Federal Court  
   476B.   Remittal by the High Court  
   477.    Time limits on applications to the Federal Circuit Court  
   477A.   Time limits on applications to the Federal Court  
   478.    Persons who may make application  
   479.    Parties to review  
   480.    Intervention by Attorney-General  
   481.    Operation etc. of decision  
   482.    Changing person holding, or performing the duties of, an office  
   484.    Exclusive jurisdiction of High Court, Federal Court and Federal Circuit Court  

   PART 8A--RESTRICTIONS ON COURT PROCEEDINGS

   486A.   Time limit on applications to the High Court for judicial review  
   486AA.  Intervention by Attorney-General  
   486AB.  Operation etc. of decision  
   486B.   Multiple parties in migration litigation  
   486C.   Persons who may commence or continue proceedings in the Federal Circuit Court or the Federal Court  
   486D.   Disclosing other judicial review proceedings  

   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 8D--CIVIL PENALTIES

           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  

   PART 8E--INVESTIGATION POWERS RELATING TO CERTAIN OFFENCES AND PROVISIONS

           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

   487W.   Copies of seized things to be provided  
   487X.   Receipts for seized things  
   487Y.   Return of seized things  
   487Z.   Issuing officer may permit a seized thing to be retained  
   487ZA.  Disposal of seized things  
   487ZB.  Compensation for acquisition of property  

              Subdivision F--Issue of search warrants

   487ZC.  Issue of search warrants  
   487ZD.  Search warrants by telephone, fax etc.  
   487ZE.  Authority of search warrant  
   487ZF.  Offence relating to search warrants by telephone, fax etc.  

              Subdivision G--Identity cards

   487ZG.  Identity cards  

              Subdivision H--Powers of issuing officers

   487ZH.  Powers of issuing officers  

   PART 9--MISCELLANEOUS

           Division 1--Bogus documents

   487ZI.  Prohibition on, and forfeiture of, bogus documents  
   487ZJ.  Seizure of bogus documents  
   487ZK.  Document condemned as forfeited  
   487ZL.  Dealing with a document after it is condemned as forfeited  

           Division 2--Other

   487.    Liability for identification tests  
   488.    Tampering with movements records  
   488A.   Giving information to other relevant agencies  
   488AA.  Things seized under Crimes Act search warrant and information about such things  
   488B.   Authorisation to disclose information to an officer  
   489.    Notified data bases  
   490.    Identification card to be deemed to continue to be in a form approved by the Minister  
   492.    Commencement of prosecutions  
   493.    Conduct of directors, employees and agents  
   494.    Jurisdiction of courts  
   494AA.  Bar on certain legal proceedings relating to unauthorised maritime arrivals  
   494AB.  Bar on certain legal proceedings relating to transitory persons  
   494A.   Giving documents by Minister where no requirement to do so by section 494B method  
   494B.   Methods by which Minister gives documents to a person  
   494C.   When a person is taken to have received a document from the Minister  
   494D.   Authorised recipient  
   495.    Minister may approve forms  
   495A.   Minister may arrange for use of computer programs to make decisions etc.  
   495B.   Minister may substitute more favourable decisions for certain computer-based decisions  
   496.    Delegation  
   497.    Delegate not required to perform certain administrative tasks  
   498.    Exercise of powers under Act  
   499.    Minister may give directions  
   500.    Review of decision  
   500A.   Refusal or cancellation of temporary safe haven visas  
   501.    Refusal or cancellation of visa on character grounds  
   501A.   Refusal or cancellation of visa--setting aside and substitution of non-adverse decision under subsection 501(1) or (2)  
   501B.   Refusal or cancellation of visa--setting aside and substitution of adverse decision under subsection 501(1) or (2)  
   501BA.  Cancellation of visa--setting aside and substitution of non-adverse decision under section 501CA  
   501C.   Refusal or cancellation of visa--revocation of decision under subsection 501(3) or 501A(3)  
   501CA.  Cancellation of visa--revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)  
   501D.   Refusal or cancellation of visa--method of satisfying Minister that person passes the character test  
   501E.   Refusal or cancellation of visa--prohibition on applying for other visas  
   501F.   Refusal or cancellation of visa--refusal of other visa applications and cancellation of other visas  
   501G.   Refusal or cancellation of visa--notification of decision  
   501H.   Refusal or cancellation of visa--miscellaneous provisions  
   501HA.  Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas  
   501J.   Refusal or cancellation of protection visa--Minister may substitute more favourable decision  
   501K.   Identity of applicants for protection visas not to be published by the Administrative Appeals Tribunal  
   501L.   Disclosure of information to the Minister  
   502.    Minister may decide in the national interest that certain persons are to be excluded persons  
   503.    Exclusion of certain persons from Australia  
   503A.   Protection of information supplied by law enforcement agencies or intelligence agencies  
   503B.   Protection of confidential information disclosed to Federal Court or Federal Circuit Court--permanent non-disclosure orders  
   503C.   Protection of confidential information disclosed to Federal Court or Federal Circuit Court--interim non-disclosure orders  
   503D.   Details of gazetted agency to be treated as protected information  
   504.    Regulations  
   505.    Regulations about visa criteria  
   506.    Regulations about passenger cards  
   506A.   Regulations may provide for infringement notices  
   507.    Marital or relationship status  
           THE SCHEDULE Acts relating to immigration and deportation repealed


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