(i) failed to produce to an officer, upon demand by that officer, a passport; or
(ii) produced to an officer a passport that was not an Australian passport;
is prima facie evidence that the person was, when entering, a non‑citizen; and
(k) evidence that a non‑citizen who entered Australia on board a vessel failed, when entering, to produce to an officer, upon demand by that officer, evidence of a visa:
(i) that is in effect; and
(ii) that permits the non‑citizen to travel to and enter Australia;
is prima facie evidence that the non‑citizen did not, when entering, hold such a visa; and
(l) a certificate signed by an officer stating whether or not a specified computer program was functioning correctly:
(i) at a specified time or during a specified period; and
(ii) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 495A(1);
is prima facie evidence of the matters stated in the certificate; and
(m) a certificate signed by an officer stating:
(i) whether or not a specified person used a specified computer system at a specified time, or during a specified period, to obtain information about another specified person; and
(ii) if the specified computer system was so used—the information about the other specified person that was provided by the system to the user at that time or during that period;
is prima facie evidence of the matters stated in the certificate.
Note: Functioning correctly is defined in subsection (5).
(2) In subsection (1), the reference to official documents of a Territory shall be read, in the case of the Territory of Christmas Island, as including official documents of that Territory that were in existence at the commencement of this subsection.
(3) In subsection (1), the reference to official documents of a Territory shall be read, in the case of the Coral Sea Islands Territory or the Territory of Cocos (Keeling) Islands, as including official documents of that Territory that were in existence at the commencement of this subsection.
(4) In this section:
migration proceedings means:
(a) proceedings in a court (including criminal proceedings):
(i) under this Act, or in relation to an offence against this Act or a contravention of a civil penalty provision; or
(ii) in relation to a deportation order; or
(b) proceedings in the ART for the review of a decision under this Act, including a decision to make a deportation order.
Note: For offence against this Act, see subsection 5(1).
(5) For the purposes of paragraph 271(1)(l), a computer program is functioning correctly if:
(a) outcomes from its operation comply with this Act and the regulations; and
(b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.
272 Migrant centres
(1) The Minister may, on behalf of the Commonwealth, cause to be established and maintained premises and places (in this section referred to as migrant centres) for the reception, accommodation or training of non‑citizens.
(2) Non‑citizens may be admitted to migrant centres in such circumstances, on such terms and conditions, and subject to the payment of such charges, as the Minister approves.
(3) The regulations may make provision for and in relation to the regulation of migrant centres, including provision with respect to the establishment and operation of canteen services in migrant centres, the conduct or control of persons in migrant centres and the removal of persons from migrant centres.
(4) Nothing in this section shall be deemed to affect any arrangements made or to be made in relation to, or the carrying on of the business of, the company known as Commonwealth Hostels Limited.
273 Detention centres
(1) The Minister may, on behalf of the Commonwealth, cause detention centres to be established and maintained.
(2) The regulations may make provision in relation to the operation and regulation of detention centres.
(3) Without limiting the generality of subsection (2), regulations under that subsection may deal with the following matters:
(a) the conduct and supervision of detainees;
(b) the powers of persons performing functions in connection with the supervision of detainees.
(4) In this section:
detention centre means a centre for the detention of persons whose detention is authorised under this Act.
274 Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons
(1) This section applies to a person who:
(a) is a deportee who has not yet been deported; or
(b) is a removee who has not yet been removed; or
(c) has been refused immigration clearance and has not subsequently been immigration cleared.
(2) Where the Secretary or Australian Border Force Commissioner thinks that the issue to a person of a document under subsection (3) relating to another person, being a person to whom this section applies, would facilitate the making of arrangements for the transportation, by aircraft, of the other person from Australia, the Secretary or Australian Border Force Commissioner may give the first‑mentioned person a document under subsection (3) relating to the other person.
(3) A document for the purposes of subsection (2):
(a) must be in the approved form; and
(b) must contain a photograph of the person concerned (if available); and
(c) must state, to the best of the Secretary’s or Australian Border Force Commissioner’s knowledge, the name and nationality of the person concerned; and
(d) may include such other information as the Secretary or Australian Border Force Commissioner thinks appropriate.
Part 3—Migration agents and immigration assistance
Division 1—Preliminary
275 Interpretation
In this Part, unless the contrary intention appears:
Australian legal practitioner means a lawyer who holds a practising certificate (whether restricted or unrestricted) granted under a law of a State or Territory.
Note: For the meaning of lawyer, see subsection 5(1).
cancellation review applicant means an applicant for:
(a) review of a decision to cancel a visa held by the applicant; or
(b) revocation under section 137L of the cancellation of a visa held by the applicant; or
(c) review of a decision under that section not to revoke such a cancellation.
cancellation review application, in relation to a cancellation review applicant, means the application by the applicant.
client: see section 306C.
eligible: see section 278A.
eligible period: see section 278A.
immigration assistance: see section 276.
inactive migration agent: see section 306B.
legal practice means the provision of legal services regulated by a law of a State or Territory.
Migration Agents Registration Authority means the body mentioned in section 315.
Note: If a power or function is expressed to be given to the Migration Agents Registration Authority, it may only be exercised by the Minister, or by a delegate of the Minister under section 320 (see subsection 315(2)).
migration procedure means the law, and administrative practice, relating to immigration.
official means:
(a) a person appointed or engaged under the Public Service Act 1999; or
(c) a member of the public service of a State or Territory; or
(d) a member of the staff of a Parliamentarian.
parliamentarian means:
(a) a Senator; or
(b) a Member of the House of Representatives; or
(c) a member of the Parliament of a State; or
(d) a member of the Legislative Assembly of a Territory.
Register means the Register of Migration Agents kept under section 287.
registered migration agent means an individual registered as a migration agent under Division 3.
registration application means an application to be registered as a migration agent.
registration application fee means charge imposed by section 4 of the Migration Agents Registration Application Charge Act 1997 on a registration application.
registration status charge means charge imposed by section 10 of the Migration Agents Registration Application Charge Act 1997.
related by employment: see section 278.
restricted: a practising certificate held by an Australian legal practitioner is restricted if:
(a) it is subject to a condition requiring the practitioner to undertake supervised legal practice for a specified period; and
(b) such a condition was not imposed as a disciplinary measure by an authority responsible for disciplining Australian legal practitioners in a State or Territory.
Note: A practising certificate subject to a supervision condition of the kind mentioned in paragraph (a) is, however, taken to be unrestricted if the condition was imposed as a disciplinary measure as mentioned in paragraph (b) (see the definition of unrestricted in this section).
restricted legal practitioner means an Australian legal practitioner whose practising certificate is restricted (within the meaning of this Part).
unrestricted: a practising certificate held by an Australian legal practitioner is unrestricted if it is not restricted (within the meaning of this Part).
unrestricted legal practitioner means an Australian legal practitioner whose practising certificate is unrestricted (within the meaning of this Part).
276 Immigration assistance
(1) For the purposes of this Part, a person gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist a visa applicant or cancellation review applicant by:
(a) preparing, or helping to prepare, the visa application or cancellation review application; or
(b) advising the visa applicant or cancellation review applicant about the visa application or cancellation review application; or
(c) preparing for proceedings before a court or the ART in relation to the visa application or cancellation review application; or
(d) representing the visa applicant or cancellation review applicant in proceedings before a court or the ART in relation to the visa application or cancellation review application.
(2) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a document indicating that the other person nominates or sponsors a visa applicant for the purposes of the regulations; or
(b) advising the other person about nominating or sponsoring a visa applicant for the purposes of the regulations; or
(c) representing the other person in proceedings before a court or the ART that relate to the visa for which the other person was nominating or sponsoring a visa applicant (or seeking to nominate or sponsor a visa applicant) for the purposes of the regulations.
(2A) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a request to the Minister to exercise his or her power under section 351 or 501J in respect of a decision (whether or not the decision relates to the other person); or
(aa) preparing, or helping to prepare, a request to the Minister to exercise a power under section 195A, 197AB or 197AD (whether or not the exercise of the power would relate to the other person); or
(b) advising the other person about making a request referred to in paragraph (a) or (aa).
(2B) For the purposes of this Part, a person also gives immigration assistance if the person uses, or purports to use, knowledge of, or experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a representation to the Minister to exercise the Minister’s power:
(i) under subsection 501C(4) to revoke a decision to refuse to grant, or to cancel, a visa (whether or not the decision relates to the other person); or
(ii) under subsection 501CA(4) to revoke a decision to cancel a visa (whether or not the decision relates to the other person); or
(b) advising the other person about making a representation mentioned in paragraph (a).
Note: Sections 501C and 501CA provide for the revocation of decisions to refuse or cancel visas on character grounds.
(3) Despite subsections (1), (2), (2A) and (2B), a person does not give immigration assistance if he or she merely:
(a) does clerical work to prepare (or help prepare) an application or other document; or
(b) provides translation or interpretation services to help prepare an application or other document; or
(c) advises another person that the other person must apply for a visa; or
(d) passes on to another person information produced by a third person, without giving substantial comment on or explanation of the information.
(4) A person also does not give immigration assistance in the circumstances prescribed by the regulations.
278 Relation by employment
(1) For the purposes of this Part, an individual is related by employment to another individual if:
(a) one individual is an employee of the other; or
(b) they are executive officers of the same corporation; or
(c) they are members of the same partnership; or
(d) one individual is an employee of a corporation and the other is:
(i) an employee of the corporation; or
(ii) an executive officer of the corporation; or
(e) one individual is an employee of a partnership and the other is:
(i) an employee of the partnership; or
(ii) a member of the partnership.
Regulations
(2) For the purposes of this Part, an individual is also related by employment to another individual in any other prescribed circumstance.
Expanded meaning of employee
(3) In this section:
employee includes a person engaged as a consultant or as an independent contractor.
278A Eligibility for restricted legal practitioners
Eligibility—general
(1) A person who is a restricted legal practitioner is eligible, subject to this section.
(2) The person remains eligible until the earliest of the following times:
(a) the end of the eligible period, or of a longer period as extended under this section;
(b) when the person becomes an unrestricted legal practitioner.
Note 1: A person may be eligible whether or not the person is a registered migration agent at the time of becoming a restricted legal practitioner.
Note 2: While a restricted legal practitioner is eligible, the practitioner may become, or continue to be, a registered migration agent (see sections 289B and 302A). However, to be registered as a migration agent, an eligible restricted legal practitioner must also satisfy the requirements of section 289A, including completing a prescribed course and passing a prescribed exam.
(3) The eligible period is the period of 2 years after the person first held a restricted practising certificate.
Note: However, the eligible period for a person who was a restricted legal practitioner immediately before Division 8 commences (which is also when this section commences) is 2 years after that commencement: see section 333C.
Extension of eligible period
(4) An eligible person may apply to the Migration Agents Registration Authority for an extension of the eligible period for a period of up to 2 years:
(a) in a form approved in writing by the Authority, containing such information relevant to the application as is required by the form; and
(b) if the application is made 3 months or more before the end of the eligible period.
Note: An eligible person may apply for an extension under this subsection whether or not the person is a registered migration agent at the time of the extension application.
(5) A person may make no more than one application for extension under subsection (4).
(6) On an application under subsection (4), the Authority must, by written notice given to the applicant no later than 28 days before the end of the eligible period:
(a) extend the eligible period by a stated period of no more than 2 years; or
(b) refuse to extend the eligible period.
(7) The Authority may extend the eligible period by a particular period only if the Authority considers it reasonable to do so in the circumstances, including (but not limited to) any circumstances determined under subsection (9).
(8) The notice of the decision must include any details determined under subsection (9) in relation to the decision.
(9) The Minister may, by legislative instrument, make a determination for the purposes of subsection (7) or (8).
Review by ART
(10) An application may be made to the ART for review of a decision by the Authority:
(a) under paragraph (6)(a), to extend the eligible period by a particular stated period; or
(b) under paragraph (6)(b), to refuse to extend the eligible period.
Note: The ART Act requires that reasonable steps be taken to notify people whose interests are affected by reviewable decisions of the Authority of their rights to seek review of the decision.
279 Part VIIC of the Crimes Act 1914 to apply to this Part
Despite paragraph 85ZZH(d) of the Crimes Act 1914, Part VIIC of that Act applies to this Part.
Division 2—Restrictions on giving of immigration assistance and making of immigration representations
280 Restrictions on giving of immigration assistance
(1) Subject to this section, a person who is not a registered migration agent must not give immigration assistance.
Penalty: 60 penalty units.
Note: See also paragraph 504(1)(ja) (which deals with the payment of penalties as an alternative to prosecution).
(1A) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) This section does not prohibit a parliamentarian from giving immigration assistance.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).