197Effect of escape from immigration detention

197  Effect of escape from immigration detention   If a non‑citizen:  (a) was in immigration detention; and  (b) escaped from that detention; and  (c) was taken back into that detention; then, for the purposes of sections 194 and 195, the non‑citizen is taken not to have ceased to be in immigration detention. Subdivision B—Residence determinations 197AA  Persons to whom Subdivision applies   This Subdivision applies to a person who is required or permitted by section 189 to be detained, or who is in detention under that section. 197AB  Minister may determine that person is to reside at a specified place rather than being held in detention centre etc.  (1) If the Minister thinks that it is in the public interest to do so, the Minister may make a determination (a residence determination) to the effect that one or more specified persons to whom this Subdivision applies are to reside at a specified place, instead of being detained at a place covered by the definition of immigration detention in subsection 5(1).  (2) A residence determination must:  (a) specify the person or persons covered by the determination by name, not by description of a class of persons; and  (b) specify the conditions to be complied with by the person or persons covered by the determination.  (3) A residence determination must be made by notice in writing to the person or persons covered by the determination. 197AC  Effect of residence determination Act and regulations apply as if person were in detention in accordance with section 189  (1) While a residence determination is in force, this Act and the regulations apply (subject to subsection (3)) to a person who is covered by the determination and who is residing at the place specified in the determination as if the person were being kept in immigration detention at that place in accordance with section 189.  (a) a person covered by a residence determination is temporarily staying at a place other than the place specified in the determination; and  (b) the person is not breaching any condition specified in the determination by staying there; then, for the purposes of subsection (1), the person is taken still to be residing at the place specified in the determination. Certain provisions do not apply to people covered by residence determinations  (3) Subsection (1):  (a) does not apply for the purposes of section 197 or 197A, or any of sections 252AA to 252E; and  (b) does not apply for the purposes of any other provisions of this Act or the regulations that are specified in regulations made for the purposes of this paragraph. What constitutes release from immigration detention?  (a) a residence determination is in force in relation to a person; and  (b) a provision of this Act requires the person to be released from immigration detention, or this Act no longer requires or permits the person to be detained; then, at the time when paragraph (b) becomes satisfied, the residence determination, so far as it covers the person, is revoked by force of this subsection and the person is, by that revocation, released from immigration detention. Note: Because the residence determination is revoked, the person is no longer subject to the conditions specified in the determination.  (5) If a person is released from immigration detention by operation of subsection (4), the Secretary must, as soon as possible, notify the person that he or she has been so released. Secretary must ensure section 256 complied with  (6) The Secretary must ensure that a person covered by a residence determination is given forms and facilities as and when required by section 256. 197AD  Revocation or variation of residence determination  (1) If the Minister thinks that it is in the public interest to do so, the Minister may, at any time, revoke or vary a residence determination in any respect (subject to subsection (2)). Note 1: If a person covered by a residence determination does not comply with a condition specified in the determination, the Minister may (subject to the public interest test) decide to revoke the determination, or to vary the determination by altering the conditions, whether by omitting or amending one or more existing conditions or by adding one or more additional conditions. Note 2: If the Minister revokes a residence determination (without making a replacement determination) and a person covered by the determination is a person whom section 189 requires to be detained, the person will then have to be taken into detention at a place that is covered by the definition of immigration detention in subsection 5(1).  (2) Any variation of a residence determination must be such that the determination, as varied, will comply with subsections 197AB(1) and (2).  (3) A revocation or variation of a residence determination must be made by notice in writing to the person or persons covered by the determination. 197AE  Minister not under duty to consider whether to exercise powers   The Minister does not have a duty to consider whether to exercise the power to make, vary or revoke a residence determination, whether he or she is requested to do so by any person, or in any other circumstances. 197AF  Minister to exercise powers personally   The power to make, vary or revoke a residence determination may only be exercised by the Minister personally. 197AG  Tabling of information relating to the making of residence determinations  (1) If the Minister makes a residence determination, he or she must cause to be laid before each House of the Parliament a statement that (subject to subsection (2)):  (a) states that the Minister has made a determination under this section; and  (b) sets out the Minister’s reasons for making the determination, referring in particular to the Minister’s reasons for thinking that the determination is in the public interest.  (2) A statement under subsection (1) in relation to a residence determination is not to include:  (a) the name of any person covered by the determination; or  (b) any information that may identify any person covered by the determination; or  (c) the address, name or location of the place specified in the determination; or  (d) any information that may identify the address, name or location of the place specified in the determination; or  (e) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the determination—the name of that other person or any information that may identify that other person.  (3) A statement under subsection (1) is to be laid before each House of the Parliament within 15 sitting days of that House after:  (a) if the residence determination is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or  (b) if the residence determination is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.