84BMinister may make arrival control determinations

84B  Minister may make arrival control determinations

 (1) The Minister may, by legislative instrument, make a determination (an arrival control determination) specifying that section 84E (suspension of temporary visas held by non‑citizens) applies, either generally or in specified circumstances, to one or more specified classes of non‑citizens.

Note: Section 84F requires the Minister to cause a copy of an arrival control determination to be tabled in each House of the Parliament within 2 sitting days of that House after making the determination.

 (2) Before making an arrival control determination, the Minister must be reasonably satisfied that:

 (a) an event or circumstance has occurred, or is occurring, outside Australia; and

 (b) one or both of the following apply:

 (i) having regard to the event or circumstance, non‑citizens of a kind to whom the determination is to apply may, if they enter Australia on a temporary visa, remain in Australia after the visa ceases to be in effect;

 (ii) if the event or circumstance had occurred, or had been occurring, at the time non‑citizens of a kind to whom the determination is to apply were to make an application for a temporary visa, the visa may not have been granted; and

 (c) having regard to the object of this Subdivision, it is in the national interest to make the determination.

 (3) Before making an arrival control determination, the Minister must obtain agreement in writing to the making of the determination from:

 (a) the Prime Minister; and

 (b) the Minister administering the Diplomatic Privileges and Immunities Act 1967.

 (4) The Minister may, by legislative instrument, revoke an arrival control determination made under subsection (1).

When arrival control determination is in force

 (5) An arrival control determination must specify the period for which the determination is in force, which must not be longer than the period that the Minister considers appropriate in all the circumstances.

Note: Under subsection (6), an arrival control determination cannot be in force longer than the period of 6 months beginning on the day after the day the determination commences.

 (6) An arrival control determination is repealed at the earlier of the following times (unless revoked earlier under subsection (4)):

 (a) the end of the period specified for the purposes of subsection (5);

 (b) the end of the period of 6 months beginning on the day after the day the determination commences.

Personal power etc.

 (7) The power under subsection (1) or (4) may only be exercised by the Minister personally.