(c) making provision for or in relation to the furnishing or obtaining of information with respect to:
(i) persons on board a vessel arriving at a port in Australia in the course of, or at the conclusion of, a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia; and
(ii) persons on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia; and
(iii) persons on board an aircraft arriving at or departing from an airport in Australia, being an aircraft operated by an international air carrier;
(d) making provision for and in relation to the use that may be made by persons or bodies other than officers of the Department of information collected pursuant to regulations made under paragraph (c);
(e) making provision for and in relation to:
(i) the giving of documents to;
(ii) the lodging of documents with; or
(iii) the service of documents on;
the Minister, the Secretary or any other person or body, for the purposes of this Act;
(f) prescribing the practice and procedure in relation to proceedings before a Commissioner or a prescribed authority under this Act, including the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, the administering of oaths or affirmations and the payment of expenses of witnesses;
(g) requiring assurances of support to be given, in such circumstances as are prescribed or as the Minister thinks fit, in relation to persons seeking to enter, or remain in, Australia and providing for the enforcement of assurances of support and the imposition on persons who give assurances of support of liabilities in respect of the maintenance of, and other expenditure in connexion with, the persons in respect of whom the assurances of support are given;
(i) enabling a person who is alleged to have contravened section 137 to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding 10 penalty units;
(j) enabling a person who is alleged to have contravened section 229 or 230 to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding:
(i) in the case of a natural person—30 penalty units; and
(ii) in the case of a body corporate—100 penalty units; and
(jaa) enabling a person who is alleged to have committed an offence against subsection 245N(2) to pay to the Commonwealth, as an alternative to prosecution, a prescribed penalty, not exceeding 10 penalty units; and
(ja) enabling a person who is alleged to have committed an offence against subsection 280(1) to pay to the Commonwealth, as an alternative to prosecution, a penalty of 12 penalty units; and
(k) prescribing penalties, of imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units, in respect of offences against the regulations; and
(l) making provision for matters that, under the Education Services for Overseas Students Act 2000, are required or permitted to be prescribed in regulations made under this Act.
(2) Section 14 of the Legislation Act 2003 does not prevent, and has not prevented, regulations whose operation depends on a country or other matter being specified or certified by the Minister in an instrument in writing made under the regulations after the commencement of the regulations.
(2A) The regulations that may be made under paragraph (1)(e) include, but are not limited to, regulations specifying circumstances in which a document is to be taken to have been given in a specified way.
(3) The regulations that may be made under paragraph (1)(e) include, but are not limited to, regulations providing that a document given to, or served on, a person in a specified way shall be taken for all purposes of this Act and the regulations to have been received by the person at a specified or ascertainable time.
(3A) The Evidence Act 1995 does not affect the operation of regulations made for the purposes of paragraph (1)(e).
(4) Regulations in respect of a matter referred to in paragraph (1)(g) may apply in relation to maintenance guarantees given before the commencement of this Part in accordance with the regulations that were in force under any of the Acts repealed by this Act.
(5) An assurance of support given, after the commencement of this subsection, in accordance with regulations under paragraph (1)(g) continues to have effect, and may be enforced, in accordance with such regulations in spite of any change in circumstances whatsoever.
(5A) The following have effect only in relation to assurances of support that were given before 1 July 2004 and are not assurances of support in relation to which Chapter 2C of the Social Security Act 1991 applies or applied:
(a) subsection (5) of this section;
(b) regulations made under paragraph (1)(g) (whether before, on or after the commencement of this subsection) providing for:
(i) the enforcement of assurances of support; or
(ii) the imposition on persons who give assurances of support of liabilities in respect of the maintenance of, and other expenditure in connection with, the persons in respect of whom the assurances of support are given.
(6) In this section:
international air carrier means an air transport enterprise that operates an air service between Australia and a place outside Australia.
505 Regulations about visa criteria
To avoid doubt, regulations for the purpose of prescribing a criterion for visas of a class may provide that the Minister, when required to decide whether an applicant for a visa of the class satisfies the criterion:
(a) is to get a specified person or organisation, or a person or organisation in a specified class, to:
(i) give an opinion on a specified matter; or
(ii) make an assessment of a specified matter; or
(iii) make a finding about a specified matter; or
(iv) make a decision about a specified matter; and
(b) is:
(i) to have regard to that opinion, assessment, finding or decision in; or
(ii) to take that opinion, assessment, finding or decision to be correct for the purposes of;
deciding whether the applicant satisfies the criterion.
506 Regulations about passenger cards
(1) Regulations under paragraph 504(1)(c) may provide for the giving of different information about different classes of people.
(2) The regulations are to provide for the giving of information, in the form of answers to questions on a form, to be known as a passenger card, by non‑citizens travelling to Australia, other than non‑citizens exempted by the regulations.
(3) The questions for a non‑citizen required by subsection (2) may include, but are not limited to, questions about any or all of the following:
(a) the non‑citizen’s health;
(b) any criminal convictions in Australia or a foreign country of the non‑citizen;
(c) the purpose of the new arrival’s going to Australia;
(d) any unpaid debts to the Commonwealth of the non‑citizen;
(e) any removal or deportation from, or refusal of admission into, Australia or a foreign country of the non‑citizen.
506A Regulations may provide for infringement notices
(1) The regulations may provide for a person who is alleged to have contravened a civil penalty provision to pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person.
(2) The penalty must not exceed one‑fifth of the maximum penalty that a court could impose on the person for a contravention of the civil penalty provision.
506B Tax file numbers
Request for tax file numbers
(1) The Secretary may request any of the persons mentioned in subsection (2) to provide the tax file number of a person (the relevant person) who is an applicant for, or holder or former holder of, a visa of a kind (however described) prescribed by the regulations.
(2) For the purposes of subsection (1), the persons are any of the following:
(a) the applicant, holder or former holder;
(b) an approved sponsor of the applicant, holder or former holder;
(c) a former approved sponsor of the applicant, holder or former holder;
(d) a person who has nominated the applicant or holder in an approved nomination that has not ceased under the regulations;
(e) a person who nominated the holder or former holder in an approved nomination that has ceased under the regulations.
(3) A person to whom a request is made under subsection (1) who is lawfully in possession of the tax file number may disclose the tax file number in accordance with the request.
Verification of tax file numbers
(4) The Secretary may provide the tax file number to the Commissioner of Taxation for the purpose of verifying the tax file number.
(5) On receiving the tax file number, the Commissioner of Taxation may give the Secretary a written notice in accordance with the following table.
Notices of the Commissioner of Taxation
Item If … the Commissioner may give the Secretary written notice …
1 the Commissioner is satisfied that the number is correct informing the Secretary accordingly.
2 (a) the Commissioner is satisfied that the tax file number is not correct; and(b) the Commissioner is satisfied that the relevant person has a tax file number; of the correct tax file number.
3 (a) the Commissioner is satisfied that the tax file number is not correct; and(b) the Commissioner is not satisfied that the relevant person has a tax file number; informing the Secretary accordingly.
Commissioner of Taxation may provide tax file number
(6) The Commissioner of Taxation may provide the tax file number of a person to the Secretary if the Secretary advises the Commissioner that the person is a relevant person.
Use, records or disclosures of tax file numbers
(7) A tax file number provided under this section may be used, recorded or disclosed by an officer for any purposes prescribed by the regulations.
507 Marital or relationship status
(1) The Sex Discrimination Act 1984, to the extent that it applies to the status or condition of being the spouse or de facto partner of another person, does not operate in relation to:
(a) regulations, or the making of regulations, that, for the purposes of dealing with an application for a visa, specify:
(i) the nature and incidents of the relationship between a person and another person; or
(ii) the period for which a relationship of a specified kind must have existed between a person and another person;
before the person is taken to be the de facto partner of the other person; or
(b) the performance of any function, the exercise of any power or the fulfilment of any responsibility, in connection with the administration of any such regulation.
(2) To avoid doubt, subsection (1) does not prevent the Sex Discrimination Act 1984 from applying in relation to the marital or relationship status of persons making or administering regulations covered by subsection (1).
The Schedule—Acts relating to immigration and deportation repealed
Section 3
Immigration Restriction Act 1901
Immigration Restriction Amendment Act 1905
Immigration Restriction Act 1908
Immigration Restriction Act 1910
Immigration Act 1912
Immigration Act 1920
Immigration Act 1924
Immigration Act 1925
Immigration Act 1930
Immigration Act 1932
Immigration Act 1933
Immigration Act 1935
Immigration Act 1940
Immigration Act 1948
Immigration Act 1949
Pacific Island Labourers Act 1901
Pacific Island Labourers Act 1906
Aliens Deportation Act 1948
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.