(f) if the decision was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA and the person has a right to have the decision reviewed by the ART:
(i) states that the decision can be reviewed by the ART; and
(ii) states the time in which the application for review may be made; and
(iii) states who can apply to have the decision reviewed; and
(iv) states where the application for review can be made; and
(v) in a case where the decision relates to a person in the migration zone—sets out the effect of subsections 500(6A) to (6L) (inclusive); and
(vi) sets out such additional information (if any) as is prescribed.
(2) If the decision referred to in subsection (1):
(a) was made by a delegate of the Minister under subsection 501(1) or (2), or section 501CA; and
(b) is reviewable by the ART; and
(c) relates to a person in the migration zone;
the notice under subsection (1) that relates to the decision must be accompanied by 2 copies of every document, or part of a document, that:
(d) is in the delegate’s possession or under the delegate’s control; and
(e) was relevant to the making of the decision; and
(f) does not contain non‑disclosable information.
(3) A notice under subsection (1) must be given in the prescribed way.
(4) A failure to comply with this section in relation to a decision does not affect the validity of the decision.
(5) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notices given under subsection (1) of this section.
501H Refusal or cancellation of visa—miscellaneous provisions
Additional powers
(1) A power under section 501, 501A, 501B or 501BA to refuse to grant a visa to a person, or to cancel a visa that has been granted to a person, is in addition to any other power under this Act, as in force from time to time, to refuse to grant a visa to a person, or to cancel a visa that has been granted to a person.
Cross‑references to decisions under section 501
(2) A reference in Part 5 to a decision made under section 501 includes a reference to a decision made under section 501A, 501B, 501BA, 501C or 501F.
501HA Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas
If, under the Migration Reform (Transitional Provisions) Regulations, a person:
(a) held a permanent return visa, permanent entry permit or permanent visa that continues in effect as a transitional (permanent) visa; or
(b) held a temporary entry permit or temporary visa that continues in effect as a transitional (temporary) visa; or
(c) is taken to hold a transitional (permanent) visa;
the person is also taken, for the purposes of sections 501 to 501H, to have been granted a visa.
501J Refusal or cancellation of protection visa—Minister may substitute more favourable decision
(1) If the Minister thinks that it is in the public interest to do so, the Minister may set aside an ART protection visa decision and substitute another decision that is more favourable to the applicant in the review, whether or not the ART had the power to make that other decision.
(2) For the purposes of this section, an ART protection visa decision is a decision of the ART in relation to an application for, or the cancellation of, a protection visa.
(3) In exercising the power under subsection (1), the Minister is not bound by Subdivision AA or AC of Division 3 of Part 2 or by the regulations, but is bound by all other provisions of this Act.
(4) The power under subsection (1) may only be exercised by the Minister personally.
(5) If the Minister substitutes a decision under subsection (1), the Minister must cause to be laid before each House of the Parliament a statement that:
(a) sets out the decision of the ART; and
(b) sets out the decision substituted by the Minister; and
(c) sets out the reasons for the Minister’s decision, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest.
(6) A statement made under subsection (5) is not to include:
(a) the name of the applicant; or
(b) any information that may identify the applicant; 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.
(7) A statement under subsection (5) is to be laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
(b) if a decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.
(8) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.
501K Identity of applicants for protection visas not to be published by the ART
(1) This section applies to a review by the ART if the review relates to a person in the person’s capacity as:
(a) a person who applied for a protection visa; or
(b) a person who applied for a protection‑related bridging visa; or
(c) a person whose protection visa has been cancelled; or
(d) a person whose protection‑related bridging visa has been cancelled.
(2) The ART must not publish (in electronic form or otherwise), in relation to the review, any information which may identify:
(a) the person; or
(b) any relative or other dependant of the person.
Note: Section 5G may be relevant for determining relationships for the purposes of this subsection.
(3) In this section:
application for a protection‑related bridging visa means an application for a bridging visa, where the applicant for the bridging visa is, or has been, an applicant for a protection visa.
protection‑related bridging visa means a bridging visa granted as a result of an application for a protection‑related bridging visa.
501L Disclosure of information to the Minister
(1) The Minister may, by written notice, require the head of an agency of a State or Territory to disclose to the Minister personal information that:
(a) is of a kind specified in the notice; and
(b) relates to a person, or to a person included in a class of persons, specified in the notice.
(2) The Minister must not give a notice under subsection (1) to the head of an agency of a State or Territory unless the Minister reasonably believes:
(a) that the head of the agency has, or can reasonably acquire, the information; and
(b) the information is relevant for the purposes of considering whether:
(i) a person satisfies the Minister that the person passes the character test (as defined in section 501); or
(ii) the Minister reasonably suspects, or is satisfied, that a person does not pass the character test.
(3) The head of an agency of a State or Territory who is given a notice under subsection (1) must, as soon as practicable after the notice is given, comply with the notice to the extent that he or she has, or can reasonably acquire, the information specified in the notice.
(4) Despite subsection (3), the registrar (however described) of a court of a State or Territory is not required to comply with a notice under subsection (1) to the extent that the information specified in the notice, in relation to a person specified in the notice, is information that relates to proceedings that have not been finally determined by the court.
(5) The head of an agency of a State or Territory is not excused from complying with a notice under subsection (1) on the ground that disclosing the information specified in the notice would contravene a law of the Commonwealth, a State or a Territory that:
(a) primarily relates to the protection of the privacy of individuals; and
(b) prohibits or regulates the use or disclosure of personal information.
Immunity from suit
(6) A person is not liable to:
(a) any proceedings for contravening a provision of a law referred to in subsection (5); or
(b) civil proceedings for loss, damage or injury of any kind suffered by another person;
merely because the person gives information to the Minister for the purposes of ensuring that the head of an agency of a State or Territory complies with a notice under subsection (1).
(7) In this section:
agency of a State or Territory includes the following:
(a) the Crown in right of a State or Territory;
(b) a Minister of a State or Territory;
(c) a State or Territory government department;
(d) an instrumentality of a State or Territory, including a body corporate established for a public purpose by or under a law of a State or Territory;
(e) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
(i) the Crown in right of a State or Territory;
(ii) a person or body covered by paragraph (b) or (d);
(f) a State or Territory court;
(g) a State or Territory tribunal;
(h) a State or Territory parole board.
head of an agency means:
(a) if the agency is a State or Territory court—the registrar (however described) of the court; or
(b) otherwise—the principal officer (however described) of the agency.
501M Collection, use and disclosure of criminal history information
Collection, use and disclosure
(1) The Minister or an officer of the Department may collect, use, or disclose to a person or body, criminal history information for the purpose of informing, directly or indirectly, the performance of a function or the exercise of a power under this Act or the regulations.
Secondary use and disclosure
(2) If a person or body receives criminal history information as a result of a disclosure under subsection (1), the person or body may collect, use, or disclose to a person or body, the information for the purpose of providing advice or recommendations, directly or indirectly, to the Minister or an officer of the Department on matters relating to the performance of a function or the exercise of a power under this Act or the regulations.
Existing prohibitions do not apply
(3) This section has effect despite:
(a) any other provision of this Act or the regulations, Division 3 of Part VIIC of the Crimes Act 1914, or any other law of the Commonwealth; or
(b) any law of a State or Territory.
No limitation on existing powers
(4) 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 the government of a foreign country, for certain purposes, criminal history information about certain non‑citizens (see section 198AAA).
Natural justice does not apply
(5) The rules of natural justice do not apply to an exercise of power under this section.
502 Minister may decide in the national interest that certain persons are to be excluded persons
(1) If:
(a) the Minister, acting personally, intends to make a decision:
(i) under section 200 because of circumstances specified in section 201; or
(ii) to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C);
in relation to a person; and
(b) the Minister decides that, because of the seriousness of the circumstances giving rise to the making of that decision, it is in the national interest that the person be declared to be an excluded person;
the Minister may, as part of the decision, include a certificate declaring the person to be an excluded person.
(2) A decision under subsection (1) must be taken by the Minister personally.
(3) If the Minister makes a decision under subsection (1), the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the decision was made.
503 Exclusion of certain persons from Australia
(1) A person in relation to whom a decision has been made:
(a) under section 200 because of circumstances specified in section 201; or
(b) under section 501, 501A, 501B or 501BA; or
(c) to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C);
is not entitled to enter Australia or to be in Australia at any time during the period determined under the regulations.
(2) The period referred to in subsection (1) commences, in the case of a person who has been deported or removed from Australia, when the person is so deported or removed.
(3) Different periods may be prescribed under subsection (1) in relation to different situations.
(4) This section does not apply to a holder of a criminal justice visa or to a holder of a permanent visa that was granted by the Minister acting personally.
503A Protection of information supplied by law enforcement agencies or intelligence agencies
(1) If information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA:
(a) the officer must not divulge or communicate the information to another person, except where:
(i) the other person is the Minister or an authorised migration officer; and
(ii) the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; and
(b) an authorised migration officer to whom information has been communicated in accordance with paragraph (a) or this paragraph must not divulge or communicate the information to another person, except where:
(i) the other person is the Minister or an authorised migration officer; and
(ii) the information is divulged or communicated for the purposes of the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA.
Note: Authorised migration officer and gazetted agency are defined by subsection (9).
(2) If:
(a) information is communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information and the information is relevant to the exercise of a power under section 501, 501A, 501B, 501BA, 501C or 501CA; or
(b) information is communicated to the Minister or an authorised migration officer in accordance with paragraph (1)(a) or (b);
then:
(c) the Minister or officer must not be required to divulge or communicate the information to a court, a tribunal, a parliament or parliamentary committee or any other body or person; and
(d) if the information was communicated to an authorised migration officer—the officer must not give the information in evidence before a court, a tribunal, a parliament or parliamentary committee or any other body or person.
(3) The Minister may, by writing, declare that subsection (1) or (2) does not prevent the disclosure of specified information in specified circumstances to a specified Minister, a specified Commonwealth officer, a specified court or a specified tribunal. However, before making the declaration, the Minister must consult the gazetted agency from which the information originated.
Note: Commonwealth officer is defined by subsection (9).
(3A) The Minister does not have a duty to consider whether to exercise the Minister’s power under subsection (3).
(4) If a person divulges or communicates particular information to a Commonwealth officer in accordance with a declaration under subsection (3), the officer must comply with such conditions relating to the disclosure by the officer of the information as are specified in the declaration.
(4A) If a person divulges or communicates particular information to a Commonwealth officer in accordance with a declaration under subsection (3):
(a) the officer must not be required to divulge or communicate the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and
(b) the officer must not give the information in evidence before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
The information may only be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if a fresh disclosure of the information is made in accordance with:
(c) a declaration under subsection (3); or
(d) subsection 503B(6).
(5) If a person divulges or communicates particular information to a tribunal in accordance with a declaration under subsection (3), the member or members of the tribunal must not divulge or communicate the information to any person (other than the Minister or a Commonwealth officer).
(5A) If a person divulges or communicates particular information to a tribunal in accordance with a declaration under subsection (3):
(a) the member or members of the tribunal must not be required to divulge or communicate the information to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2); and
(b) the member or members of the tribunal must not give the information in evidence before the Federal Court or the Federal Circuit and Family Court of Australia (Division 2).
The information may only be considered by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if a fresh disclosure of the information is made in accordance with:
(c) a declaration under subsection (3); or
(d) subsection 503B(6).
(6) This section has effect despite anything in:
(a) any other provision of this Act (other than sections 503B and 503C); and
(b) any law (whether written or unwritten) of a State or a Territory.
(7) To avoid doubt, if information is divulged or communicated: