198Removal from Australia of unlawful non‑citizens

198  Removal from Australia of unlawful non‑citizens Removal on request  (1) An officer must remove as soon as reasonably practicable an unlawful non‑citizen who asks the Minister, in writing, to be so removed. Removal of transitory persons brought to Australia for a temporary purpose  (1A) In the case of an unlawful non‑citizen who has been brought to Australia under section 198B or repealed section 198C for a temporary purpose, an officer must remove the person as soon as reasonably practicable after the person no longer needs to be in Australia for that purpose (whether or not the purpose has been achieved). Note 1: Some unlawful non‑citizens are transitory persons. Section 198B provides for transitory persons to be brought to Australia for a temporary purpose. See the definition of transitory person in subsection 5(1). Note 2: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019. It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment).  (1B) Subsection (1C) applies if:  (a) an unlawful non‑citizen who is not an unauthorised maritime arrival has been brought to Australia under section 198B or repealed section 198C for a temporary purpose; and  (b) the non‑citizen gives birth to a child while the non‑citizen is in Australia; and  (c) the child is a transitory person within the meaning of paragraph (e) of the definition of transitory person in subsection 5(1).  (1C) An officer must remove the non‑citizen and the child as soon as reasonably practicable after the non‑citizen no longer needs to be in Australia for that purpose (whether or not that purpose has been achieved). Removal of unlawful non‑citizens in other circumstances  (2) An officer must remove as soon as reasonably practicable an unlawful non‑citizen:  (a) who is covered by subparagraph 193(1)(a)(i), (ii) or (iii) or paragraph 193(1)(b), (c) or (d); and  (b) who has not subsequently been immigration cleared; and  (c) who either:  (i) has not made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; or  (ii) has made a valid application for a substantive visa, that can be granted when the applicant is in the migration zone, that has been finally determined.  (2A) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:  (a) the non‑citizen is covered by subparagraph 193(1)(a)(iv); and  (b) since the Minister’s decision (the original decision) referred to in subparagraph 193(1)(a)(iv), the non‑citizen has not made a valid application for a substantive visa that can be granted when the non‑citizen is in the migration zone; and  (c) in a case where the non‑citizen has been invited, in accordance with section 501C or 501CA, to make representations to the Minister about revocation of the original decision—either:  (i) the non‑citizen has not made representations in accordance with the invitation and the period for making representations has ended; or  (ii) the non‑citizen has made representations in accordance with the invitation and the Minister has decided not to revoke the original decision. Note: The only visa that the non‑citizen could apply for is a protection visa or a visa specified in regulations under section 501E.  (2B) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:  (a) a delegate of the Minister has cancelled a visa of the non‑citizen under subsection 501(3A); and  (b) since the delegate’s decision, the non‑citizen has not made a valid application for a substantive visa that can be granted when the non‑citizen is in the migration zone; and  (c) in a case where the non‑citizen has been invited, in accordance with section 501CA, to make representations to the Minister about revocation of the delegate’s decision—either:  (i) the non‑citizen has not made representations in accordance with the invitation and the period for making representations has ended; or  (ii) the non‑citizen has made representations in accordance with the invitation and the Minister has decided not to revoke the delegate’s decision. Note: The only visa that the non‑citizen could apply for is a protection visa or a visa specified in the regulations for the purposes of subsection 501E(2).  (3) The fact that an unlawful non‑citizen is eligible to apply for a substantive visa that can be granted when the applicant is in the migration zone but has not done so does not prevent the application of subsection (2) or (2A) to him or her.  (5) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if the non‑citizen:  (a) is a detainee; and  (b) neither applied for a substantive visa in accordance with subsection 195(1) nor applied under section 137K for revocation of the cancellation of a substantive visa; regardless of whether the non‑citizen has made a valid application for a bridging visa.  (5A) Despite subsection (5), an officer must not remove an unlawful non‑citizen if:  (a) the non‑citizen has made a valid application for a protection visa (even if the application was made outside the time allowed by subsection 195(1)); and  (i) the grant of the visa has not been refused; or  (ii) the application has not been finally determined.  (6) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:  (b) the non‑citizen made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; and  (c) one of the following applies:  (i) the grant of the visa has been refused and the application has been finally determined;  (ii) the visa cannot be granted; and  (d) the non‑citizen has not made another valid application for a substantive visa that can be granted when the applicant is in the migration zone.  (7) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:  (b) Subdivision AI of Division 3 of this Part applies to the non‑citizen; and  (i) the non‑citizen has not been immigration cleared; or  (ii) the non‑citizen has not made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; and  (d) either:  (i) the Minister has not given a notice under paragraph 91F(1)(a) to the non‑citizen; or  (ii) the Minister has given such a notice but the period mentioned in that paragraph has ended and the non‑citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.  (8) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:  (b) Subdivision AJ of Division 3 of this Part applies to the non‑citizen; and  (i) the Minister has not given a notice under subsection 91L(1) to the non‑citizen; or  (ii) the Minister has given such a notice but the period mentioned in that subsection has ended and the non‑citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.  (10) For the purposes of subsections (6) to (9), a valid application under section 137K for revocation of the cancellation of a visa is treated as though it were a valid application for a substantive visa that can be granted when the applicant is in the migration zone.  (11) This section does not apply to an unauthorised maritime arrival to whom section 198AD applies. No civil liability for removal  (12) No civil liability is incurred by an officer or the Commonwealth in relation to any act or thing done, or omitted to be done, by the officer in good faith and in the exercise of the officer’s powers, or the performance of the officer’s functions or duties, under this section in relation to a person:  (a) in relation to whom a decision has been made under section 501, 501A, 501B or 501BA; or  (b) in relation to whom a decision has been made to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C); or  (c) whose visa has ceased to be in effect under section 76AAA.  (13) No civil liability is incurred by an officer, an officer of the Commonwealth (including the Minister) or the Commonwealth in relation to any act or thing done, or omitted to be done:  (a) by the officer or officer of the Commonwealth in good faith and:  (i) in the exercise of the officer’s or the officer of the Commonwealth’s powers; or  (ii) in the performance of the officer’s or the officer of the Commonwealth’s functions or duties; or  (b) by a foreign country; or  (c) by any person in a foreign country; in relation to the acceptance or receipt by a foreign country, or ongoing presence in a foreign country, of a person removed from Australia under this section, including any act or thing done or omitted to be done:  (d) under or in relation to a third country reception arrangement (within the meaning of section 198AHB); or  (e) in relation to the third country reception functions (within the meaning of that section) of the country. 198AAA  Collection, use and disclosure of information to foreign countries  (1) The Minister or an officer of the Department may collect, use, or disclose to the government of a foreign country, for a purpose mentioned in subsection (2), information (including personal information) about:  (a) a removal pathway non‑citizen; or  (b) a former removal pathway non‑citizen who does not hold a substantive visa or criminal justice visa. Note: To avoid doubt, personal information includes criminal history information.  (2) The purposes are as follows:  (a) determining whether there is a real prospect of the removal of the non‑citizen from Australia under section 198 becoming practicable in the reasonably foreseeable future;  (b) facilitating the removal of the non‑citizen from Australia under that section;  (c) taking action or making payments in relation to:  (i) a third country reception arrangement (within the meaning of section 198AHB); or  (ii) the third country reception functions (within the meaning of that section) of a foreign country;  (d) doing a thing that is incidental or conducive to the taking of an action, or the making of a payment, mentioned in paragraph (c);  (e) purposes directly or indirectly connected with, or incidental to, any of the above. Circumstances in which information must not be disclosed  (3) However, information about a non‑citizen must not be disclosed to the government of a foreign country under subsection (1) if:  (a) the non‑citizen has made a valid application for a protection visa that has not been finally determined; or  (b) in the case of an unlawful non‑citizen—the non‑citizen cannot be removed to that country because of subsection 197C(3); or  (c) in the case of a lawful non‑citizen—the non‑citizen could not be removed to that country because of subsection 197C(3) if the non‑citizen were an unlawful non‑citizen. Certain existing prohibitions do not apply  (4) Despite Division 3 of Part VIIC of the Crimes Act 1914, any other law of the Commonwealth, or any law of a State or Territory, this section has effect in relation to information about any conviction of an individual that is spent (however described) under any of those laws. No limitation on existing powers  (5) This section does not limit any other powers the Minister or an officer of the Department has to collect, use or disclose information under this Act, the regulations or any other law of the Commonwealth. Note: For example, the Minister or an officer of the Department may also collect, use, or disclose to a person or body, criminal history information for the purpose of informing the performance of a function or the exercise of a power under this Act or the regulations (see section 501M). Natural justice does not apply  (5A) The rules of natural justice do not apply to an exercise of power under this section. government of a foreign country means:  (a) the government of the foreign country or of part of the foreign country; or  (b) an agency or authority of the government of the foreign country; or  (c) an agency or authority of the government of part of the foreign country; or  (d) a local government body or regional government body of the foreign country. Subdivision B—Regional processing 198AA  Reason for Subdivision   This Subdivision is enacted because the Parliament considers that:  (a) people smuggling, and its undesirable consequences including the resulting loss of life at sea, are major regional problems that need to be addressed; and  (b) unauthorised maritime arrivals, including unauthorised maritime arrivals in respect of whom Australia has or may have protection obligations under the Refugees Convention as amended by the Refugees Protocol, should be able to be taken to any country designated to be a regional processing country; and  (c) it is a matter for the Minister and Parliament to decide which countries should be designated as regional processing countries; and  (d) the designation of a country to be a regional processing country need not be determined by reference to the international obligations or domestic law of that country. 198AB  Regional processing country  (1) The Minister may, by legislative instrument, designate that a country is a regional processing country.  (1A) A legislative instrument under subsection (1):  (a) may designate only one country; and  (b) must not provide that the designation ceases to have effect.  (1B) Despite subsection 12(1) of the Legislation Act 2003, a legislative instrument under subsection (1) of this section commences at the earlier of the following times:  (a) immediately after both Houses of the Parliament have passed a resolution approving the designation;  (b) immediately after both of the following apply:  (i) a copy of the designation has been laid before each House of the Parliament under section 198AC;  (ii) 5 sitting days of each House have passed since the copy was laid before that House without it passing a resolution disapproving the designation.  (2) The only condition for the exercise of the power under subsection (1) is that the Minister thinks that it is in the national interest to designate the country to be a regional processing country.  (3) In considering the national interest for the purposes of subsection (2), the Minister:  (a) must have regard to whether or not the country has given Australia any assurances to the effect that:  (i) the country will not expel or return a person taken to the country under section 198AD to another country where his or her life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion; and  (ii) the country will make an assessment, or permit an assessment to be made, of whether or not a person taken to the country under that section is covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol; and  (b) may have regard to any other matter which, in the opinion of the Minister, relates to the national interest.  (4) The assurances referred to in paragraph (3)(a) need not be legally binding.  (5) The power under subsection (1) may only be exercised by the Minister personally.  (6) If the Minister designates a country under subsection (1), the Minister may, by legislative instrument, revoke the designation.  (7) The rules of natural justice do not apply to the exercise of the power under subsection (1) or (6).  (9) In this section, country includes:  (a) a colony, overseas territory or protectorate of a foreign country; and  (b) an overseas territory for the international relations of which a foreign country is responsible. 198AC  Documents to be laid before Parliament  (1) This section applies if the Minister designates a country to be a regional processing country under subsection 198AB(1).  (2) The Minister must cause to be laid before each House of the Parliament:  (a) a copy of the designation; and  (b) a statement of the Minister’s reasons for thinking it is in the national interest to designate the country to be a regional processing country, referring in particular to any assurances of a kind referred to in paragraph 198AB(3)(a) that have been given by the country; and  (c) a copy of any written agreement between Australia and the country relating to the taking of persons to the country; and  (d) a statement about the Minister’s consultations with the Office of the United Nations High Commissioner for Refugees in relation to the designation, including the nature of those consultations; and  (e) a summary of any advice received from that Office in relation to the designation; and  (f) a statement about any arrangements that are in place, or are to be put in place, in the country for the treatment of persons taken to the country.  (3) The Minister must comply with subsection (2) within 2 sitting days of each House of the Parliament after the day on which the designation is made.  (4) The sole purpose of laying the documents referred to in subsection (2) before the Parliament is to inform the Parliament of the matters referred to in the documents and nothing in the documents affects the validity of the designation. Similarly, the fact that some or all of those documents do not exist does not affect the validity of the designation.  (5) A failure to comply with this section does not affect the validity of the designation.  (6) In this section, agreement includes an agreement, arrangement or understanding:  (a) whether or not it is legally binding; and  (b) whether it is made before, on or after the commencement of this section. 198AD  Taking unauthorised maritime arrivals to a regional processing country  (1) Subject to sections 198AE, 198AF and 198AG, this section applies to an unauthorised maritime arrival who is detained under section 189. Note: For when this section applies to a transitory person, see section 198AH.  (2) An officer must, as soon as reasonably practicable, take an unauthorised maritime arrival to whom this section applies from Australia to a regional processing country. Note: For how this subsection operates if the Minister has been requested to exercise, or is considering exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival, see section 198AHC.  (2A) However, subsection (2) does not apply in relation to a person who is an unauthorised maritime arrival only because of subsection 5AA(1A) or (1AA) if the person’s parent mentioned in the relevant subsection entered Australia before 13 August 2012. Note 1: Under subsection 5AA(1A) or (1AA) a person born in Australia or in a regional processing country may be an unauthorised maritime arrival in some circumstances. Note 2: This section does not apply in relation to a person who entered Australia by sea before 13 August 2012: see the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012. Powers of an officer  (3) For the purposes of subsection (2) and without limiting that subsection, an officer may do any or all of the following things within or outside Australia:  (a) place the unauthorised maritime arrival on a vehicle or vessel;  (b) restrain the unauthorised maritime arrival on a vehicle or vessel;  (c) remove the unauthorised maritime arrival from:  (i) the place at which the unauthorised maritime arrival is detained; or  (ii) a vehicle or vessel;  (d) use such force as is necessary and reasonable.  (4) If, in the course of taking an unauthorised maritime arrival to a regional processing country, an officer considers that it is necessary to return the unauthorised maritime arrival to Australia:  (a) subsection (3) applies until the unauthorised maritime arrival is returned to Australia; and  (b) section 42 does not apply in relation to the unauthorised maritime arrival’s return to Australia. Ministerial direction  (5) If there are 2 or more regional processing countries, the Minister must, in writing, direct an officer to take an unauthorised maritime arrival, or a class of unauthorised maritime arrivals, under subsection (2) to the regional processing country specified by the Minister in the direction.  (6) If the Minister gives an officer a direction under subsection (5), the officer must comply with the direction.  (7) The duty under subsection (5) may only be performed by the Minister personally.  (8) The only condition for the performance of the duty under subsection (5) is that the Minister thinks that it is in the public interest to direct the officer to take an unauthorised maritime arrival, or a class of unauthorised maritime arrivals, under subsection (2) to the regional processing country specified by the Minister in the direction.  (9) The rules of natural justice do not apply to the performance of the duty under subsection (5).  (10) A direction under subsection (5) is not a legislative instrument. Not in immigration detention  (11) An unauthorised maritime arrival who is being dealt with under subsection (3) is taken not to be in immigration detention (as defined in subsection 5(1)). No civil liability for taking to regional processing country  (11A) No civil liability is incurred by an officer, the Minister or the Commonwealth in relation to any act or thing done, or omitted to be done, by the officer or the Minister in good faith and in the exercise of the officer’s or Minister’s powers, or the performance of the officer’s or Minister’s functions or duties, under this section.  (11B) No civil liability is incurred by an officer, an officer of the Commonwealth (including the Minister) or the Commonwealth in relation to any act or thing done, or omitted to be done:  (a) by the officer or officer of the Commonwealth in good faith and:  (i) in the exercise of the officer’s or the officer of the Commonwealth’s powers; or  (ii) in the performance of the officer’s or the officer of the Commonwealth’s functions or duties; or  (b) by a regional processing country or another foreign country; or  (c) by any person in a regional processing country or another foreign country; in relation to the acceptance or receipt by a regional processing country or another foreign country, or ongoing presence in a regional processing country or another foreign country, of an unauthorised maritime arrival taken to a regional processing country under this section (the applicable country), including any act or thing done or omitted to be done:  (d) under or in relation to an arrangement (within the meaning of section 198AHA) mentioned in subsection 198AHA(1) that is in relation to the regional processing functions (within the meaning of section 198AHA) of the applicable country; or  (e) in relation to the regional processing functions (within the meaning of section 198AHA) of the applicable country; or  (f) under or in relation to a third country reception arrangement (within the meaning of section 198AHB); or  (g) in relation to the third country reception functions (within the meaning of section 198AHB) of the applicable country. Meaning of officer  (12) In this section, officer means an officer within the meaning of section 5, and includes a member of the Australian Defence Force. 198AE  Ministerial determination that section 198AD does not apply  (1) If the Minister thinks that it is in the public interest to do so, the Minister may, in writing, determine that section 198AD does not apply to an unauthorised maritime arrival. Note: For specification by class, see the Acts Interpretation Act 1901.  (1A) The Minister may, in writing, vary or revoke a determination made under subsection (1) if the Minister thinks that it is in the public interest to do so.  (2) The power under subsection (1) or (1A) may only be exercised by the Minister personally.  (3) The rules of natural justice do not apply to an exercise of the power under subsection (1) or (1A).  (4) If the Minister makes a determination under subsection (1) or varies or revokes a determination under subsection (1A), the Minister must cause to be laid before each House of the Parliament a statement that:  (b) sets out the reasons for the determination, variation or revocation, referring in particular to the Minister’s reasons for thinking that the Minister’s actions are in the public interest.  (a) the name of the unauthorised maritime arrival; or  (b) any information that may identify the unauthorised maritime arrival; or  (c) 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 matter concerned—the name of that other person or any information that may identify that other person.  (6) A statement under subsection (4) must be laid before each House of the Parliament within 15 sitting days of that House after:  (a) if the determination is made, varied or revoked between 1 January and 30 June (inclusive) in a year—1 July in that year; or  (b) if the determination is made, varied or revoked between 1 July and 31 December (inclusive) in a year—1 January in the following year.  (7) The Minister does not have a duty to consider whether to exercise the power under subsection (1) or (1A) in respect of any unauthorised maritime arrival, whether the Minister is requested to do so by the unauthorised maritime arrival or by any other person, or in any other circumstances.  (8) An instrument under subsection (1) or (1A) is not a legislative instrument. 198AF  No regional processing country   Section 198AD does not apply to an unauthorised maritime arrival if there is no regional processing country. 198AG  Non‑acceptance by regional processing country   Section 198AD does not apply to an unauthorised maritime arrival if the regional processing country, or each regional processing country (if there is more than one such country), has advised an officer, in writing, that the country will not accept the unauthorised maritime arrival. Note: For specification by class, see the Acts Interpretation Act 1901. 198AH  Application of section 198AD to certain transitory persons  (1) Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if, the person is covered by subsection (1A) or (1B).  (1A) A transitory person is covered by this subsection if:  (a) the person is an unauthorised maritime arrival who is brought to Australia from a regional processing country under section 198B or repealed section 198C for a temporary purpose; and  (b) the person is detained under section 189; and  (c) the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved). Note: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019. It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment).  (1B) A transitory person (a transitory child) is covered by this subsection if:  (a) a transitory person covered by subsection (1A) gives birth to the transitory child while in Australia; and  (b) the transitory child is detained under section 189; and  (c) the transitory child is a transitory person because of paragraph (e) of the definition of transitory person in subsection 5(1).  (2) Subsection (1) of this section applies whether or not the transitory person has been assessed to be covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol. 198AHA  Power to take action etc. in relation to arrangement or regional processing functions of a country  (1) This section applies if the Commonwealth enters into an arrangement with a person or body in relation to the regional processing functions of a country.  (2) The Commonwealth may do all or any of the following:  (a) take, or cause to be taken, any action in relation to the arrangement or the regional processing functions of the country;  (b) make payments, or cause payments to be made, in relation to the arrangement or the regional processing functions of the country;  (c) do anything else that is incidental or conducive to the taking of such action or the making of such payments.  (3) To avoid doubt, subsection (2) is intended to ensure that the Commonwealth has capacity and authority to take action, without otherwise affecting the lawfulness of that action.  (4) Nothing in this section limits the executive power of the Commonwealth. action includes:  (a) exercising restraint over the liberty of a person; and  (b) action in a regional processing country or another country. arrangement includes an arrangement, agreement, understanding, promise or undertaking, whether or not it is legally binding. regional processing functions includes the implementation of any law or policy, or the taking of any action, by a country in connection with the role of the country as a regional processing country, whether the implementation or the taking of action occurs in that country or another country. 198AHAA  Rules of natural justice do not apply in relation to third country reception arrangements Entering into third country reception arrangements  (1) The rules of natural justice do not apply to an exercise of the executive power of the Commonwealth to:  (a) enter into a third country reception arrangement with a foreign country; or  (b) do anything preparatory to entering into a third country reception arrangement with a foreign country. Note: The following are examples of things that are preparatory to entering into a third country reception arrangement with a foreign country: (a) drafting the arrangement; (b) negotiating and settling the terms of the arrangement with the foreign country; (c) providing information to the foreign country about non‑citizens who may be transferred to the foreign country under the arrangement (whether or not those non‑citizens are of a kind mentioned in subsection 198AAA(1)); (d) adopting the arrangement. Things done in relation to third country reception arrangements  (2) The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including in relation to the third country reception functions of a foreign country. Note: The following are examples of things done in relation to a third country reception arrangement with a foreign country or the third country reception functions of a foreign country: (a) the things mentioned in subsection 198AHB(2); (b) an officer of the Department applying for a non‑citizen to be granted permission by a foreign country to enter and remain in that country for the purposes of section 76AAA.  (3) For the purposes of subsection (2), it does not matter whether:  (a) the Commonwealth does the thing by exercising its executive power; or  (b) any of the following do the thing by exercising statutory power under a provision of this Act:  (i) the Commonwealth;  (ii) the Minister, or a delegate of the Minister;  (iii) an officer of the Department. third country reception arrangement has the meaning given by section 198AHB. third country reception functions has the meaning given by subsection 198AHB(5). 198AHB  Power to take action etc. in relation to third country reception arrangement  (1) This section applies if the Commonwealth enters into an arrangement (third country reception arrangement) with a foreign country in relation to the removal of non‑citizens from Australia and their acceptance, receipt or ongoing presence in the foreign country. Note: The rules of natural justice do not apply to entering into a third country reception arrangement with a foreign country, including anything done preparatory to entering into an arrangement: see subsection 198AHAA(1).  (2) The Commonwealth may do all or any of the following:  (a) take, or cause to be taken, any action (not including exercising restraint over the liberty of a person) in relation to the third country reception arrangement or the third country reception functions of the foreign country;  (b) make payments, or cause payments to be made, in relation to the third country reception arrangement or the third country reception functions of the foreign country;  (c) do anything else that is incidental or conducive to the taking of such action or the making of such payments. Note: The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including anything done in relation to the third country reception functions of a foreign country: see subsection 198AHAA(2).  (3) To avoid doubt, subsection (2) is intended to ensure that the Commonwealth has capacity and authority to take action, without otherwise affecting the lawfulness of that action.  (4) Nothing in this section limits:  (a) any other power or duty under this Act; or  (b) the executive power of the Commonwealth. action includes action in a foreign country. arrangement includes an arrangement, agreement, understanding, promise or undertaking, whether or not it is legally binding. third country reception functions, of a foreign country, means the implementation of any law or policy, or the taking of any action, by that country (including, if the foreign country so decides, exercising restraint over the liberty of a person) in connection with the role of that country as a country which has agreed to the acceptance, receipt or ongoing presence of persons who are not citizens of that country, whether the implementation or the taking of action occurs in that country or another country. 198AHC  Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals  (1) For the purposes of subsection 198AD(2), it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival.  (a) an officer’s duty to take, as soon as reasonably practicable, an unauthorised maritime arrival from Australia to a regional processing country under subsection 198AD(2) arises irrespective of whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the unauthorised maritime arrival; and  (b) the fact that the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival is irrelevant to whether or not the taking of the unauthorised maritime arrival from Australia to a regional processing country is reasonably practicable for the purposes of subsection 198AD(2).  (3) Subsection (1) applies whether a request is made by:  (a) the unauthorised maritime arrival; or  (4) Subsection (1) applies whether or not a request has been drawn to the Minister’s attention. Temporary suspension of duty to transfer unauthorised maritime arrivals  (5) Despite subsection (1), if the Minister decides to consider whether to exercise a Ministerial intervention power (whether on request or otherwise) in relation to an unauthorised maritime arrival, subsection 198AD(2) does not require or authorise an officer to take the unauthorised maritime arrival from Australia to a regional processing country during the period covered by subsection (6). Note: Despite this subsection, an unauthorised maritime arrival who asks the Minister, in writing, to be taken from Australia to a regional processing country must be taken to that country (see subsection (10)). Period during which duty to transfer is suspended  (6) For the purposes of subsection (5), the period is 6 months starting on the day (the start day) the Minister decides to consider whether to exercise the Ministerial intervention power in relation to the unauthorised maritime arrival, unless:  (a) before the end of that 6 month period, the unauthorised maritime arrival has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or  (b) the period ends earlier under subsection (7).  (7) For the purposes of paragraph (6)(b), the period ends at the earliest of the following times:  (a) the end of the day the Minister decides not to exercise the power in relation to the unauthorised maritime arrival;  (b) the end of the day the Minister decides to stop considering whether to exercise the power in relation to the unauthorised maritime arrival;  (c) if the Minister exercises the power in relation to the unauthorised maritime arrival, and subsection (8) specifies a day—the end of that day;  (d) if the Minister exercises the power in relation to the unauthorised maritime arrival but the exercise does not result in the unauthorised maritime arrival being able to make a visa application—the end of the day that the Minister exercises the power.  (8) For the purposes of paragraph (7)(c), this subsection specifies the following days:  (a) in a case where, as a consequence of the exercise of the Ministerial intervention power, the unauthorised maritime arrival may make a visa application within a specified period—the last day of the period in which the unauthorised maritime arrival could make the visa application;  (b) in any other case where, as a consequence of the exercise of the power, the unauthorised maritime arrival may make a visa application—whichever of the following days occurs first:  (i) the last day of the period determined by the Minister in which the unauthorised maritime arrival could make the visa application; Scope of suspension of duty to transfer unauthorised maritime arrival  (9) To avoid doubt, subsection (5) of this section:  (a) prevents an unauthorised maritime arrival being taken from Australia to a regional processing country during the period covered by subsection (6); but  (b) does not prevent any other action being taken, or thing being done, during that period to facilitate or otherwise prepare for the unauthorised maritime arrival being taken from Australia to a regional processing country after the period ends. Unauthorised maritime arrival may request transfer to regional processing country  (10) Despite subsection (5), if an unauthorised maritime arrival to whom section 198AD applies asks the Minister, in writing, to be taken from Australia to a regional processing country under section 198AD, the unauthorised maritime arrival must be taken, under that section, to that country. 198AI  Ministerial report   The Minister must, as soon as practicable after 30 June in each year, cause to be laid before each House of Parliament a report setting out:  (a) the activities conducted under the Bali Process during the year ending on 30 June; and  (b) the steps taken in relation to people smuggling, trafficking in persons and related transnational crime to support the Regional Cooperation Framework during the year ending on 30 June; and  (c) the progress made in relation to people smuggling, trafficking in persons and related transnational crime under the Regional Cooperation Framework during the year ending on 30 June. 198AJ  Reports about unauthorised maritime arrivals  (1) The Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the end of a financial year, a report on the following:  (a) arrangements made by regional processing countries during the financial year for unauthorised maritime arrivals who make claims for protection under the Refugees Convention as amended by the Refugees Protocol, including arrangements for:  (i) assessing those claims in those countries; and  (ii) the accommodation, health care and education of those unauthorised maritime arrivals in those countries;  (b) the number of those claims assessed in those countries in the financial year;  (c) the number of unauthorised maritime arrivals determined in those countries in the financial year to be covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol.  (2) However, a report under this section need deal with a particular regional processing country in accordance with subsection (1) only so far as information provided by the country makes it reasonably practicable for the report to do so.  (3) A report under this section must not include:  (a) the name of a person who is or was an unauthorised maritime arrival; or  (b) any information that may identify such a person; or  (c) the name of any other person connected in any way with any person covered by paragraph (a); or  (d) any information that may identify that other person. Subdivision C—Transitory persons etc. 198B  Power to bring transitory persons to Australia  (1) An officer may, for a temporary purpose, bring a transitory person to Australia from a country or place outside Australia.  (2) The power under subsection (1) includes the power to do any of the following things within or outside Australia:  (a) place the person on a vehicle or vessel;  (b) restrain the person on a vehicle or vessel;  (c) remove the person from a vehicle or vessel;  (d) use such force as is necessary and reasonable.  (3) In this section, officer means an officer within the meaning of section 5, and includes a member of the Australian Defence Force. 199  Dependants of removed non‑citizens  (a) an officer removes, or is about to remove, an unlawful non‑citizen; and  (b) the spouse or de facto partner of that non‑citizen requests an officer to also be removed from Australia; an officer may remove the spouse or de facto partner as soon as reasonably practicable.  (a) an officer removes, or is about to remove an unlawful non‑citizen; and  (b) the spouse or de facto partner of that non‑citizen requests an officer to also be removed from Australia with a dependent child or children of that non‑citizen; an officer may remove the spouse or de facto partner and dependent child or children as soon as reasonably practicable.  (a) an officer removes, or is about to remove, an unlawful non‑citizen; and  (b) that non‑citizen requests an officer to remove a dependent child or children of the non‑citizen from Australia; an officer may remove the dependent child or children as soon as reasonably practicable.  (4) In paragraphs (1)(a), (2)(a) and (3)(a), a reference to remove includes a reference to take to a regional processing country. Subdivision D—Duty to cooperate in relation to removal and removal concern countries