Section full-source-retrieval-0002 - Migration Act 1958 - Document excerpt 2 | ZoeCTHIn ForceAct
Migration Act 1958
full-source-retrieval-0002Document excerpt 2
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
140ZL Division binds the Crown
Division 3B—Nominations
140ZM Nomination training contribution charge
140ZN Regulations about nomination training contribution charge
140ZO Recovery of nomination training contribution charge and late payment penalty
140ZP Notional application of nomination training contribution charge in relation to nominations by the Commonwealth
140ZQ Division binds the Crown
Division 4—Criminal justice visitors
Subdivision A—Preliminary
141 Object of Division
142 Interpretation
143 Delegation by Minister
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. staying removal or deportation
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. of criminal justice certificates and criminal justice visas
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
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
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
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
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.
197C Relevance of Australia’s non‑refoulement obligations to removal of unlawful non‑citizens under section 198
197D Decision that protection finding would no longer be made
197E Relevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198
198 Removal from Australia of unlawful non‑citizens
198AAA Collection, use and disclosure of information to foreign countries
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
198AHAA Rules of natural justice do not apply in relation to third country reception arrangements
198AHB Power to take action etc. in relation to third country reception arrangement
198AHC Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals
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
Subdivision D—Duty to cooperate in relation to removal and removal concern countries
199A Reason for Subdivision
199B Removal pathway non‑citizens—protection findings etc.
199C Minister may give removal pathway directions
199D Circumstances in which Minister must not give a removal pathway direction
199E Offence for non‑compliance with removal pathway direction
199F Designation of removal concern country
199G Visa applications by certain nationals of a removal concern country
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
206A Relevance of Ministerial intervention powers to deportation
Division 10—Costs etc. of removal and deportation
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. in relation to entry into, and remaining in, Australia
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)
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. of Australian citizens or of permanent residents to become permanent residents
237 Reason for Subdivision
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
245AAA Coercing etc. a lawful non‑citizen to work in breach of work‑related conditions
245AAB Coercing etc. an unlawful non‑citizen to work—adverse effect on presence in Australia
245AAC Coercing etc. a lawful non‑citizen to work—adverse effect on status etc.
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
245AGA Meaning of arrangement in relation 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
245ALA Enforceable undertakings
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
245APA Effect of this Subdivision on the validity of certain contracts is to be disregarded
Subdivision D—Offences and civil penalties in relation to sponsored visas
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
Subdivision E—Prohibited employers
245AYAA Objects of this Subdivision
245AYC Meaning of allows a non‑citizen to begin work
245AYD Meaning of prohibited employer
245AYE When a person is subject to a migrant worker sanction—bar placed on approved work sponsor etc.
245AYF When a person is subject to a migrant worker sanction—conviction of work‑related offence etc.
245AYG When a person is subject to a migrant worker sanction—contravention of certain civil penalty provisions etc.
245AYH When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009
245AYI When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc.
245AYJ When a person is subject to a migrant worker sanction—failure to comply with certain compliance notices
245AYK Declaration of person as prohibited employer
245AYL Prohibition on allowing additional non‑citizens to begin work
245AYM Publishing information about prohibited employers
245AYN Former prohibited employers to give certain information
245AYO Contravening civil penalty provisions
Subdivision F—Compliance notices for work‑related breaches
245AYP Compliance notices
Division 12A—Chasing, boarding etc. aircraft
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
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
249 Certain persons may be prevented from entering or landing
250 Detention of suspected offenders
251 Powers of entry and search
251A Searches of detainees etc.—prohibited things
251AA Searches of detainees etc.—exercise of powers relating to prohibited things determined under paragraph 251A(2)(b)
251AB Searches of detainees etc.—access to alternative means of communication
251AC Further limits on certain powers—implied freedom of political communication
251B Searches of detainees etc.—exercise of powers generally
252 Searches of detainees etc.—general powers of personal search and seizure
252AA Searches of detainees—screening procedures
252A Searches of detainees—strip searches
252B Searches of detainees—rules for conducting a strip search
252BA Searches of certain immigration detention facilities—general
252BB Searches of certain immigration detention facilities—authorised officers’ assistants
252C Screening and strip searches of detainees and searches of facilities—seizure (general)
252CA Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things
252CB Screening and strip searches of detainees and searches of facilities—return of seized things
252D Retention of certain seized things for extended period—application for order by magistrate
252E Retention of certain seized things for extended period—order by magistrate
252F Detainees held in State or Territory prisons or remand centres
252G Persons entering immigration detention facilities—screening powers
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