Legislation › Migration Act 1958 (Cth) Migration Act 1958 (Cth) Sections (945) s 1 — Short title s 2 — Commencement s 3 — Repeal and savings s 3A — Act not to apply so as to exceed Commonwealth power s 3B — Compensation for acquisition of property s 4 — Object of Act s 4AA — Detention of minors a last resort s 4A — Application of the Criminal Code s 5 — Interpretation s 5AAA — Non‑citizen’s responsibility in relation to protection claims s 5AA — Meaning of unauthorised maritime arrival s 5AB — Sentencing for offences s 5A — Meaning of personal identifier s 5B — When personal identifier taken not to have been provided s 5BA — References to photograph or other image of person’s face s 5BB — Providing photographs and other images of faces to authorised systems s 5BC — Providing photographs and other images of faces to Minister and authorised officers s 5C — Meaning of character concern s 5CA — Child of a person s 5CB — De facto partner s 5D — Limiting the types of identification tests that authorised officers may carry out s 5E — Meaning of purported privative clause decision s 5F — Spouse s 5G — Relationships and family members s 5H — Meaning of refugee s 5J — Meaning of well‑founded fear of persecution s 5K — Membership of a particular social group consisting of family s 5L — Membership of a particular social group other than family s 5LA — Effective protection measures s 5M — Particularly serious crime s 6 — Effect of limited meaning of enter Australia etc. s 7 — Act to extend to certain Territories s 7A — Effect on executive power to protect Australia’s borders s 8 — Certain resources installations to be part of Australia s 9 — Certain sea installations to be part of Australia s 9A — Migration zone etc.—offshore resources activities s 10 — Certain children taken to enter Australia at birth s 11 — Visa applicable to 2 or more persons s 11A — When applications under this Act are finally determined s 12 — Application of Part VA of the Marriage Act s 13 — Lawful non‑citizens s 14 — Unlawful non‑citizens s 15 — Effect of cancellation of visa on status s 16 — Removal of immigration rights of inhabitant of Protected Zone s 17 — Pre‑cleared flights s 18 — Power to obtain information and documents about unlawful non‑citizens s 19 — Scales of expenses s 20 — Reasonable compensation s 21 — Failure to comply with section 18 notice s 24 — Information and documents that incriminate a person s 25 — Copies of documents s 26 — Minister may retain documents s 27 — Division binds the Crown s 28 — Interpretation s 29 — Visas s 30 — Kinds of visas s 31 — Classes of visas s 32 — Special category visas s 33 — Special purpose visas s 34 — Absorbed person visas s 35 — Ex‑citizen visas s 35A — Protection visas—classes of visas s 36 — Protection visas—criteria provided for by this Act s 36A — Consideration of protection obligations s 37 — Bridging visas s 37A — Temporary safe haven visas s 38 — Criminal justice visas s 38A — Enforcement visas s 38B — Maritime crew visas s 39 — Criterion limiting number of visas s 39A — Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas s 40 — Circumstances for granting visas s 41 — Conditions on visas s 42 — Visa essential for travel s 43 — Visa holders must usually enter at a port s 44 — Extent of following Subdivisions s 45 — Application for visa s 45AA — Application for one visa taken to be an application for a different visa s 45A — Visa application charge s 45B — Amount of visa application charge s 45C — Regulations about visa application charge s 46 — Valid visa application s 46AA — Visa applications, and the grant of visas, for some Act‑based visas s 46A — Visa applications by unauthorised maritime arrivals s 46B — Visa applications by transitory persons s 46C — Visa pre‑application process s 47 — Consideration of valid visa application s 48 — Non‑citizen refused a visa or whose visa cancelled may only apply for particular visas s 48A — No further applications for protection visa after refusal or cancellation s 48B — Minister may determine that section 48A does not apply to non‑citizen s 49 — Withdrawal of visa application s 50 — Only new information to be considered in later protection visa applications s 51 — Order of consideration s 51A — Exhaustive statement of natural justice hearing rule s 52 — Communication with Minister s 54 — Minister must have regard to all information in application s 55 — Further information may be given s 56 — Further information may be sought s 57 — Certain information must be given to applicant s 58 — Invitation to give further information or comments s 59 — Interviews s 60 — Medical examination s 61 — Prescribed periods s 62 — Failure to receive information does not require action s 63 — When decision about visa may be made s 64 — Notice that visa application charge is payable s 65 — Decision to grant or refuse to grant visa s 66 — Notification of decision s 67 — Grant and refusal of visa—how and when s 68 — When visa is in effect s 69 — Effect of compliance or non‑compliance s 72 — Interpretation s 73 — Bridging visas s 74 — Further applications for bridging visa s 75 — When eligible non‑citizen in immigration detention granted visa s 76 — Bridging visa not affect visa applications s 76AAA — Cessation of certain bridging visas—holder has permission to enter and remain in another country s 76A — Cessation of certain bridging visas, and grant of new visas, for certain non‑citizens s 76AA — Effect of community safety order on visa held by non‑citizen etc. s 76B — Offence relating to monitoring conditions of certain bridging visas s 76C — Offence relating to requirement to remain at notified address s 76D — Offences relating to monitoring device and related monitoring equipment s 76DAA — Offence relating to requirement not to perform certain work etc. s 76DAB — Offence relating to requirement not to go within certain distance of a school etc. s 76DAC — Offence relating to requirement not to contact victim of offence etc. s 76DA — Mandatory 1 year imprisonment for offences s 76E — Rules of natural justice do not apply to decision to grant certain bridging visas s 76F — Powers of officers etc. s 77 — Visas held during visa period s 78 — Children born in Australia s 79 — Effect on visa of leaving Australia s 80 — Certain persons taken not to leave Australia s 81 — Extent of visa authority s 82 — When visas cease to be in effect s 83 — Certain persons taken to be included in spouse, de facto partner or parent’s visa s 84 — Minister may suspend processing of visa applications s 84A — Object of Subdivision s 84B — Minister may make arrival control determinations s 84C — Arrival control determination does not apply in relation to certain kinds of non‑citizens s 84D — Minister may certify that arrival control determination does not apply in relation to a particular non‑citizen s 84E — Temporary visas of non‑citizens in class specified in arrival control determination cease to be in effect etc. s 84F — Statement relating to arrival control determination etc. to be laid before Parliament s 85 — Limit on visas s 86 — Effect of limit s 87 — Limit does not prevent visas for certain persons s 87A — Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control s 88 — Limit does not affect processing of applications s 89 — Determination of limit not to mean failure to decide s 90 — Order of dealing with limited visas s 91 — Order of dealing with visas s 91A — Reason for Subdivision s 91B — Interpretation s 91C — Non‑citizens covered by Subdivision s 91D — Safe third countries s 91E — Non‑citizens to which this Subdivision applies unable to make valid applications for certain visas s 91F — Minister may determine that section 91E does not apply to non‑citizen s 91G — Applications made before regulations take effect s 91H — Reason for this Subdivision s 91J — Non‑citizens to whom this Subdivision applies s 91K — Non‑citizens to whom this Subdivision applies are unable to make valid applications for certain visas s 91L — Minister may determine that section 91K does not apply to a non‑citizen s 91V — Verification of information s 91W — Evidence of identity and bogus documents s 91WA — Providing bogus documents or destroying identity documents s 91WB — Application for protection visa by member of same family unit s 91X — Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2) s 92 — Operation of Subdivision s 93 — Determination of applicant’s score s 94 — Initial application of “points” system s 95 — Applications in pool s 95A — Extension of period in pool s 96 — Minister may set pool mark and pass mark s 97 — Interpretation s 97A — Exhaustive statement of natural justice hearing rule s 98 — Completion of visa application s 99 — Information is answer s 100 — Incorrect answers s 101 — Visa applications to be correct s 102 — Passenger cards to be correct s 103 — Bogus documents not to be given etc. s 104 — Changes in circumstances to be notified s 105 — Particulars of incorrect answers to be given s 106 — Obligations to give etc. information is not affected by other sources of information s 107 — Notice of incorrect applications s 107A — Possible non‑compliances in connection with a previous visa may be grounds for cancellation of current visa s 108 — Decision about non‑compliance s 109 — Cancellation of visa if information incorrect s 110 — Cancellation provisions apply whatever source of knowledge of non‑compliance s 111 — Cancellation provisions apply whether or not non‑compliance deliberate s 112 — Action because of one non‑compliance does not prevent action because of other non‑compliance s 113 — No cancellation if full disclosure s 114 — Effect of setting aside decision to cancel visa s 115 — Application of Subdivision s 116 — Power to cancel s 117 — When visa may be cancelled s 118 — Cancellation powers do not limit or affect each other s 118A — Exhaustive statement of natural justice hearing rule s 119 — Notice of proposed cancellation s 120 — Certain information must be given to visa holder s 121 — Invitation to give comments etc. s 122 — Prescribed periods s 123 — Failure to accept invitation not require action s 124 — When decision about visa cancellation may be made s 125 — Application of Subdivision to non‑citizen in immigration clearance s 126 — Application of Subdivision to non‑citizen in questioning detention s 127 — Notification of decision s 127A — Exhaustive statement of natural justice hearing rule s 128 — Cancellation of visas of people outside Australia s 129 — Notice of cancellation s 130 — Prescribed periods s 131 — Decision about revocation of cancellation s 132 — Notification of decision about revocation of cancellation s 133 — Effect of revocation of cancellation s 133A — Minister’s personal powers to cancel visas on section 109 grounds s 133B — Other provisions relating to the exercise of powers in section 133A s 133C — Minister’s personal powers to cancel visas on section 116 grounds s 133D — Cancellation under subsection 133A(1) or 133C(1)—method of satisfying Minister of matters s 133E — Cancellation under subsection 133A(1) or 133C(1)—notice of cancellation s 133F — Cancellation under subsection 133A(3) or 133C(3)—Minister may revoke cancellation in certain circumstances s 134A — Natural justice s 134B — Emergency cancellation on security grounds s 134C — Decision about revocation of emergency cancellation s 134D — Effect of revocation of cancellation s 134E — Notice of cancellation s 134F — Effect of cancellation on other visas s 134 — Cancellation of business visas s 135 — Representations concerning cancellation of business visa s 136 — Review of decisions s 137 — Provision of information—holders of business visas s 137J — Non‑complying students may have their visas automatically cancelled s 137K — Applying for revocation of cancellation s 137L — Dealing with the application s 137M — Notification of decision s 137N — Minister may revoke cancellation on his or her own initiative s 137P — Effect of revocation s 137Q — Cancellation of regional sponsored employment visas s 137R — Representations concerning cancellation etc. s 137S — Notice of cancellation s 137T — Cancellation of other visas s 138 — Cancellation and revocation of cancellation of visas—how and when s 139 — Visas held by 2 or more s 140 — Cancellation of visa results in other cancellation s 140A — Division applies to prescribed kinds of visa s 140AA — Purposes of this Division s 140AB — Ministerial Advisory Council on Skilled Migration s 140E — Minister to approve work and family sponsors s 140F — Approval process s 140G — Terms of approval s 140GA — Variation of terms of approval s 140GB — Minister to approve nominations s 140GBA — Labour market testing—condition s 140GBB — Labour market testing—major disaster exemption s 140GBC — Labour market testing—skill and occupational exemptions s 140GC — Work agreements s 140H — Sponsorship obligations—general s 140HA — Sponsorship obligations—Minister’s responsibility s 140J — Amounts payable in relation to sponsorship obligations s 140K — Sanctions for failing to satisfy sponsorship obligations s 140L — Regulations may prescribe circumstances in which sponsor may be barred or sponsor’s approval cancelled s 140M — Cancelling approval as a sponsor or barring a sponsor s 140N — Process for cancelling approval or barring approved sponsor s 140O — Waiving a bar s 140P — Process for waiving a bar s 140Q — Civil penalty—failing to satisfy sponsorship obligations s 140RA — Enforceable undertakings s 140RB — Compliance notices s 140S — Liability to pay amounts s 140SA — Interest up to judgment s 140SB — Interest on judgment s 140SC — Certain plaintiffs may choose small claims procedure in magistrates courts s 140T — Notice regarding amount of debt or other amount s 140U — Liability is in addition to any other liability s 140UA — Exercise of inspector powers s 140V — Inspectors s 140W — Identity cards s 140X — Purpose for which powers of inspectors may be exercised s 140XA — When powers of inspectors may be exercised s 140XB — Power of inspectors to enter premises or places s 140XC — Powers of inspectors while on premises or at a place s 140XD — Persons assisting inspectors s 140XE — Power to ask for person’s name and address s 140XF — Power to require persons to produce records or documents s 140XG — Self‑incrimination s 140XH — Certain records and documents are inadmissible s 140XI — Power to keep records or documents s 140XJ — Disclosure of information by the Secretary or Australian Border Force Commissioner s 140ZB — Partnerships—sponsorship rights and obligations s 140ZC — Partnerships—offences and civil penalties s 140ZD — Partnership ceases to exist s 140ZE — Unincorporated associations—sponsorship rights and obligations s 140ZF — Unincorporated associations—offences and civil penalties s 140ZG — Unincorporated association ceases to exist s 140ZH — Disclosure of personal information by Minister s 140ZI — Disclosure of personal information to Minister s 140ZJ — Unclaimed money s 140ZK — Other regulation making powers not limited s 140ZL — Division binds the Crown s 140ZM — Nomination training contribution charge s 140ZN — Regulations about nomination training contribution charge s 140ZO — Recovery of nomination training contribution charge and late payment penalty s 140ZP — Notional application of nomination training contribution charge in relation to nominations by the Commonwealth s 140ZQ — Division binds the Crown s 141 — Object of Division s 142 — Interpretation s 143 — Delegation by Minister s 144 — Authorised officials s 145 — Commonwealth criminal justice entry certificate s 146 — State criminal justice entry certificate s 147 — Commonwealth criminal justice stay certificate s 148 — State criminal justice stay certificate s 149 — Application for visa not to prevent certificate s 150 — Criminal justice stay certificates stay removal or deportation s 151 — Certain warrants stay removal or deportation s 152 — Certain subjects of stay certificates and stay warrants may be detained etc. s 153 — Removal or deportation not contempt etc. if no stay certificate or warrant s 154 — Officer not liable—criminal justice stay certificates or warrants s 155 — Criminal justice visas s 156 — Criterion for criminal justice entry visas s 157 — Criterion for criminal justice stay visas s 158 — Criteria for criminal justice visas s 159 — Procedure for obtaining criminal justice visa s 160 — Conditions of criminal justice visa s 161 — Effect of criminal justice visas s 162 — Criminal justice certificates to be cancelled s 163 — Stay warrant to be cancelled s 164 — Effect of cancellation etc. on criminal justice visa s 164A — Definitions s 164B — Grant of enforcement visas (fisheries matters) s 164BA — Grant of enforcement visas (environment matters) s 164C — When enforcement visa ceases to be in effect s 164D — Applying for other visas s 165 — Interpretation s 166 — Persons entering to present certain evidence of identity etc. s 167 — When and where evidence to be presented s 168 — Section 166 not to apply s 169 — Section 166 not usually to apply s 170 — Certain persons to present evidence of identity s 171 — Assistance with evidence s 172 — Immigration clearance s 173 — Visa ceases if holder enters in way not permitted s 174 — Visa ceases if holder remains without immigration clearance s 175 — Departing person to present certain evidence etc. s 175A — Determinations relating to kinds of passports s 175B — Collection, access and disclosure of information s 176 — Reason for Division s 177 — Interpretation s 178 — Designated persons to be in immigration detention s 179 — Beginning of immigration detention of certain designated persons s 180 — Detention of designated person s 181 — Removal from Australia of designated persons s 182 — No immigration detention or removal after certain period s 183 — Courts must not release designated persons s 185 — Effect of Division on status etc. s 186 — Division applies despite other laws s 187 — Evidence s 188 — Lawful non‑citizen to give evidence of being so s 189 — Detention of unlawful non‑citizens s 190 — Non‑compliance with immigration clearance or requirement to provide personal identifier s 191 — End of certain detention s 192 — Detention of visa holders whose visas liable to cancellation s 193 — Application of law to certain non‑citizens while they remain in immigration detention s 194 — Detainee to be told of consequences of detention s 195 — Detainee may apply for visa s 195A — Minister may grant detainee visa (whether or not on application) s 196 — Duration of detention s 197 — Effect of escape from immigration detention s 197AA — Persons to whom Subdivision applies s 197AB — Minister may determine that person is to reside at a specified place rather than being held in detention centre etc. s 197AC — Effect of residence determination s 197AD — Revocation or variation of residence determination s 197AE — Minister not under duty to consider whether to exercise powers s 197AF — Minister to exercise powers personally s 197AG — Tabling of information relating to the making of residence determinations s 197A — Detainees must not escape from detention s 197B — Manufacture, possession etc. of weapons by detainees s 197C — Relevance of Australia’s non‑refoulement obligations to removal of unlawful non‑citizens under section 198 s 197D — Decision that protection finding would no longer be made s 197E — Relevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198 s 198 — Removal from Australia of unlawful non‑citizens s 198AAA — Collection, use and disclosure of information to foreign countries s 198AA — Reason for Subdivision s 198AB — Regional processing country s 198AC — Documents to be laid before Parliament s 198AD — Taking unauthorised maritime arrivals to a regional processing country s 198AE — Ministerial determination that section 198AD does not apply s 198AF — No regional processing country s 198AG — Non‑acceptance by regional processing country s 198AH — Application of section 198AD to certain transitory persons s 198AHA — Power to take action etc. in relation to arrangement or regional processing functions of a country s 198AHAA — Rules of natural justice do not apply in relation to third country reception arrangements s 198AHB — Power to take action etc. in relation to third country reception arrangement s 198AHC — Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals s 198AI — Ministerial report s 198AJ — Reports about unauthorised maritime arrivals s 198B — Power to bring transitory persons to Australia s 199 — Dependants of removed non‑citizens s 199A — Reason for Subdivision s 199B — Removal pathway non‑citizens—protection findings etc. s 199C — Minister may give removal pathway directions s 199D — Circumstances in which Minister must not give a removal pathway direction s 199E — Offence for non‑compliance with removal pathway direction s 199F — Designation of removal concern country s 199G — Visa applications by certain nationals of a removal concern country s 200 — Deportation of certain non‑citizens s 201 — Deportation of non‑citizens in Australia for less than 10 years who are convicted of crimes s 202 — Deportation of non‑citizens upon security grounds s 203 — Deportation of non‑citizens who are convicted of certain serious offences s 204 — Determination of time for sections 201 and 202 s 205 — Dependants of deportee s 206 — Deportation order to be executed s 206A — Relevance of Ministerial intervention powers to deportation s 207 — Interpretation s 210 — Removed or deported non‑citizen liable for costs of removal or deportation s 212 — Costs of removed or deported spouses, de facto partners and dependants s 213 — Carriers may be liable for costs of removal and deportation s 214 — Non‑citizens and carriers jointly liable s 215 — Costs are debts due to the Commonwealth s 216 — Use of existing ticket for removal or deportation s 217 — Vessels required to convey certain removees s 218 — Vessels required to convey deportees or other removees s 219 — Exemption from complying s 220 — Waiver of requirement s 221 — Cost of removal under notice s 222 — Orders restraining certain non‑citizens from disposing etc. of property s 223 — Secretary or Australian Border Force Commissioner may give direction about valuables of detained non‑citizens s 224 — Dealing with seized valuables s 225 — Production of identity documents and mustering of crew s 226 — Production of identity documents by persons on board resources installation s 227 — Production of identity documents by persons on board sea installation s 228 — Master to report absences s 228A — Application of Subdivision s 228B — Circumstances in which a non‑citizen has no lawful right to come to Australia s 229 — Carriage of non‑citizens to Australia without documentation s 230 — Carriage of concealed persons to Australia s 231 — Master of vessel to comply with certain requests s 232 — Penalty on master, owner, agent and charterer of vessel s 233A — Offence of people smuggling s 233B — Aggravated offence of people smuggling (danger of death or serious harm etc.) s 233C — Aggravated offence of people smuggling (at least 5 people) s 233D — Supporting the offence of people smuggling s 233E — Concealing and harbouring non‑citizens etc. s 234 — False documents and false or misleading information etc. relating to non‑citizens s 234A — Aggravated offence of false documents and false or misleading information etc. relating to non‑citizens (at least 5 people) s 236 — Offences relating to visas s 236A — No discharge without conviction for certain offences s 236B — Mandatory minimum penalties for certain offences s 236C — Time in immigration detention counts for sentencing etc. s 236D — Burden and standard of proof in relation to age s 236E — Evidentiary certificates in proceedings for offences s 236F — Evidentiary certificates—procedural matters s 237 — Reason for Subdivision s 238 — Interpretation s 239 — Application of Subdivision s 240 — Offence to arrange marriage to obtain permanent residence s 241 — Offence to arrange pretended de facto relationship to obtain permanent residence s 243 — Offences relating to application for permanent residence because of marriage or de facto relationship s 245 — Offences of making false or unsupported statements s 245AA — Overview s 245AAA — Coercing etc. a lawful non‑citizen to work in breach of work‑related conditions s 245AAB — Coercing etc. an unlawful non‑citizen to work—adverse effect on presence in Australia s 245AAC — Coercing etc. a lawful non‑citizen to work—adverse effect on status etc. s 245AB — Allowing an unlawful non‑citizen to work s 245AC — Allowing a lawful non‑citizen to work in breach of a work‑related condition s 245AD — Aggravated offences if a person allows, or continues to allow, another person to work s 245AE — Referring an unlawful non‑citizen for work s 245AEA — Referring a lawful non‑citizen for work in breach of a work‑related condition s 245AEB — Aggravated offences if a person refers another person to a third person for work s 245AF — Circumstances in which this Subdivision does not apply s 245AG — Meaning of work and allows to work s 245AGA — Meaning of arrangement in relation to work s 245AH — Meaning of exploited s 245AJ — Criminal liability of executive officers of bodies corporate s 245AK — Civil liability of executive officers of bodies corporate s 245AL — Contravening civil penalty provisions s 245ALA — Enforceable undertakings s 245AM — Geographical scope of offence and civil penalty provisions s 245AN — Charge and trial for an aggravated offence s 245AO — Treatment of partnerships s 245AP — Treatment of unincorporated associations s 245APA — Effect of this Subdivision on the validity of certain contracts is to be disregarded s 245AQ — Definitions s 245AR — Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship‑related event s 245AS — Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship‑related event s 245AT — Criminal liability of executive officers of bodies corporate s 245AU — Civil liability of executive officers of bodies corporate s 245AV — Contravening civil penalty provisions s 245AW — Geographical scope of offence and civil penalty provisions s 245AX — Treatment of partnerships s 245AY — Treatment of unincorporated associations s 245AYAA — Objects of this Subdivision s 245AYA — Overview s 245AYB — Definitions s 245AYC — Meaning of allows a non‑citizen to begin work s 245AYD — Meaning of prohibited employer s 245AYE — When a person is subject to a migrant worker sanction—bar placed on approved work sponsor etc. s 245AYF — When a person is subject to a migrant worker sanction—conviction of work‑related offence etc. s 245AYG — When a person is subject to a migrant worker sanction—contravention of certain civil penalty provisions etc. s 245AYH — When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009 s 245AYI — When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc. s 245AYJ — When a person is subject to a migrant worker sanction—failure to comply with certain compliance notices s 245AYK — Declaration of person as prohibited employer s 245AYL — Prohibition on allowing additional non‑citizens to begin work s 245AYM — Publishing information about prohibited employers s 245AYN — Former prohibited employers to give certain information s 245AYO — Contravening civil penalty provisions s 245AYP — Compliance notices s 245A — Definitions s 245E — Identifying an aircraft and requesting it to land for boarding s 245F — Power to board and search etc. aircraft s 245FA — Searches of people on certain ships or aircraft s 245I — Definitions s 245J — Approval of primary reporting systems s 245K — Approval of fall‑back reporting systems s 245L — Obligation to report on persons arriving in Australia s 245LA — Obligation to report on persons departing from Australia s 245LB — Dealing with information collected under this Division etc. s 245M — Approved fall‑back reporting systems may be used in certain circumstances s 245N — Offence for failure to comply with reporting obligations s 246 — Appointment of boarding stations s 247 — Vessels to enter ports and be brought to boarding stations s 248 — Exemption s 249 — Certain persons may be prevented from entering or landing s 250 — Detention of suspected offenders s 251 — Powers of entry and search s 251A — Searches of detainees etc.—prohibited things s 251AA — Searches of detainees etc.—exercise of powers relating to prohibited things determined under paragraph 251A(2)(b) s 251AB — Searches of detainees etc.—access to alternative means of communication s 251AC — Further limits on certain powers—implied freedom of political communication s 251B — Searches of detainees etc.—exercise of powers generally s 252 — Searches of detainees etc.—general powers of personal search and seizure s 252AA — Searches of detainees—screening procedures s 252A — Searches of detainees—strip searches s 252B — Searches of detainees—rules for conducting a strip search s 252BA — Searches of certain immigration detention facilities—general s 252BB — Searches of certain immigration detention facilities—authorised officers’ assistants s 252C — Screening and strip searches of detainees and searches of facilities—seizure (general) s 252CA — Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things s 252CB — Screening and strip searches of detainees and searches of facilities—return of seized things s 252D — Retention of certain seized things for extended period—application for order by magistrate s 252E — Retention of certain seized things for extended period—order by magistrate s 252F — Detainees held in State or Territory prisons or remand centres s 252G — Persons entering immigration detention facilities—screening powers s 253 — Detention of deportee s 254 — Removees and deportees held in other custody s 255 — Prescribed authorities s 256 — Person in immigration detention may have access to certain advice, facilities etc. s 257 — Persons may be required to answer questions s 257A — Person may be required to provide personal identifiers s 258 — Minister may determine that specified persons are not to be required to provide personal identifiers etc. s 258A — When detainees must not be required to provide personal identifiers under section 257A s 258B — Information to be provided—authorised officers carrying out identification tests s 258D — Regulations may prescribe manner for carrying out identification tests s 258E — General rules for carrying out identification tests s 258F — Person must not be required to provide personal identifiers in a cruel, inhuman or degrading way etc. s 258G — Authorised officer may get help to carry out identification tests s 259 — Detention of vessel for purpose of search s 260 — Detention of vessel pending recovery of penalty s 261 — Disposal of dilapidated vessels etc. s 261AA — Immigration detainees must provide personal identifiers s 261AB — Authorised officers must require and carry out identification tests s 261AC — Information to be provided before carrying out identification tests s 261AD — General rules for carrying out identification tests s 261AE — Use of force in carrying out identification tests s 261AF — Identification tests not to be carried out in cruel, inhuman or degrading manner etc. s 261AG — Authorised officer may get help to carry out identification tests s 261AH — Identification tests to be carried out by authorised officer of same sex as non‑citizen s 261AI — Independent person to be present s 261AJ — Recording of identification tests s 261AK — Retesting s 261AKA — Definitions s 261AKB — Accessing video recordings s 261AKC — Authorising access to video recordings s 261AKD — Providing video recordings s 261AKE — Unauthorised modification of video recordings s 261AKF — Unauthorised impairment of video recordings s 261AKG — Meanings of unauthorised modification and unauthorised impairment etc. s 261AKH — Destroying video recordings s 261AL — Minors s 261AM — Incapable persons s 261A — Forfeiture of things used in certain offences s 261B — Seizure of things used in certain offences s 261C — Application of this Subdivision s 261D — Notice of seizure s 261E — Dealing with thing before it is condemned s 261F — Thing condemned if not claimed in time s 261G — Dealing with claim for thing s 261H — What happens if thing is claimed s 261I — Dealing with thing after it is condemned s 261J — Operation of Division s 261K — Minister’s order that a thing not be condemned s 262 — Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons s 263 — Secretary or Australian Border Force Commissioner able to issue notice of debt s 264 — Garnishee notice s 265 — Debt from failure to comply with garnishee notice s 266 — Future debts s 267 — Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts s 268 — Application of Division to the Crown s 268AA — Definitions s 268AB — Division binds the Crown s 268AD — Powers conferred on magistrates in their personal capacity s 268BA — Production notices s 268BB — Contents of the production notice s 268BC — Serving production notices s 268BD — Attendance notices s 268BE — Contents of attendance notice s 268BF — Scales of expenses s 268BG — Reasonable compensation for giving copies s 268BH — Offence: failing to comply with a notice s 268BI — Offence: giving false or misleading information s 268BJ — Offence: giving false or misleading document s 268BK — Information and documents that incriminate a person s 268BL — Copies of documents s 268BM — Officer may retain documents s 268BN — Owner of document must be given copy s 268BO — Retaining documents s 268BP — Officer may apply to magistrate or ART member for a further period s 268BQ — Magistrate or ART member may order retention for further period s 268CA — Authorised officer may enter premises for a visa monitoring purpose s 268CB — Being on premises with consent s 268CC — Consent s 268CD — Authorised officer may apply for monitoring warrant s 268CE — Magistrate or ART member may issue monitoring warrant s 268CF — Magistrate or ART member may require more information s 268CG — Contents of monitoring warrant s 268CH — Use of reasonable force and assistance s 268CI — Monitoring powers of authorised officers s 268CJ — Authorised officer on premises with consent may ask questions s 268CK — Authorised officer on premises under warrant may ask questions s 268CL — Offence: failure to answer question s 268CM — Offence: giving false or misleading information s 268CN — Offence: giving or showing documents that are false or misleading in material particulars s 268CO — Use of electronic equipment in exercising monitoring powers s 268CP — Use of electronic equipment by experts s 268CQ — Extension of period s 268CR — Powers without warrant in emergency situations s 268CS — Retaining seized things s 268CT — Authorised officer may apply for a thing to be retained for a further period s 268CU — Magistrate or ART member may order that thing be retained s 268CV — Occupier to provide authorised officer with all facilities and assistance s 268CW — Announcement before entry s 268CX — Copy of monitoring warrant to be given to occupier before entry s 268CY — Compensation for damage to electronic equipment or data s 268CZ — Occupier entitled to be present during execution of monitoring warrant s 268CZA — Identity cards s 268CZB — Authorised officer must produce identity card on request s 268CZC — Officer may apply for warrants by telephone etc. s 268CZD — Magistrate or ART member may grant warrant by telephone etc. s 268CZE — Procedure for issuing warrant by telephone etc. s 268CZF — Procedure after telephone warrant ceases or is executed s 268CZG — Form of warrant authorises exercise of power s 268CZH — Court to assume that exercise of power not authorised by telephone etc. warrant s 269 — Securities s 270 — Reports of absences of crews of vessels s 271 — Proof of certain matters s 272 — Migrant centres s 273 — Detention centres s 274 — Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons s 275 — Interpretation s 276 — Immigration assistance s 278 — Relation by employment s 278A — Eligibility for restricted legal practitioners s 279 — Part VIIC of the Crimes Act 1914 to apply to this Part s 280 — Restrictions on giving of immigration assistance s 281 — Restriction on charging fees for immigration assistance s 282 — Restriction on charging fees for immigration representations s 283 — False representation that a person is a registered migration agent s 284 — Restriction on self‑advertising of the giving of immigration assistance s 285 — Restriction on other advertising of immigration assistance s 287 — Register of Migration Agents s 288 — Application for registration s 288A — Publishing requirement s 288B — Requirement to provide further information etc. s 289 — Registration s 289A — Applicant must not be registered if academic and vocational requirements are not satisfied s 289B — Applications by Australian legal practitioners s 290 — Applicant must not be registered if not a person of integrity or not fit and proper s 290A — Applicant must not be registered if continuing professional development requirements are not satisfied s 290B — Applicant must not be registered if any unpaid registration status charge s 291 — Applicant must not be registered if registration refused in past year s 291A — Applicant must not be registered if suspension would be in effect s 292 — Applicant must not be registered if registration cancelled in past 5 years s 292A — Applicant must not be registered if any barring period has not ended s 292B — Applicant must not be registered unless he or she holds appropriate professional indemnity insurance s 293 — Applicant under 18 must not be registered s 294 — Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa s 295 — Notice of refusal of application s 299 — Period of registration s 300 — Automatic continuation of registration s 301 — Migration Agents Registration Authority must warn of expiry s 302 — Automatic deregistration s 302A — Cancellation of registration—Australian legal practitioners s 303 — Disciplining registered migration agents s 304 — Period of suspension s 304A — Conditions for lifting cautions s 305 — Notice of disciplinary decision s 305A — Making disciplinary details publicly available s 305B — Providing disciplinary details to clients s 305C — Requiring registered migration agents to give information or documents s 306 — Review by the ART s 306AA — Stay orders s 306A — Objects of this Division s 306B — Inactive migration agents s 306C — Definition of client s 306D — Power to obtain documents from inactive migration agent s 306E — Power to obtain documents from representative of deceased inactive migration agent s 306F — Power to obtain documents from representative of deceased registered migration agent s 306G — Reasonable compensation s 306H — Failure to comply with notice s 306J — Self‑incrimination s 306K — Migration Agents Registration Authority to give client documents to clients s 306L — Compensation—constitutional safety‑net s 308 — Requiring registered migration agents to give information s 309 — Persons may make submissions s 310 — Persons may appear before Migration Agents Registration Authority s 311 — Migration Agents Registration Authority not bound by legal forms etc. s 311A — Barring former registered migration agents from being registered for up to 5 years s 311B — Notice of disciplinary decision s 311C — Making disciplinary details publicly available s 311D — Former registered migration agent may make a submission etc. s 311E — Authority not bound by legal forms etc. s 311EA — Requiring former registered migration agents to give information or documents s 311F — Review by the ART s 312 — Notification obligations s 312A — Notification of giving of immigration assistance to visa applicants s 312B — Notification of giving of immigration assistance to review applicants s 313 — Persons charged for services to be given detailed statement of services s 314 — Code of Conduct for migration agents s 315 — Migration Agents Registration Authority—nature, powers and functions s 316 — Functions of Migration Agents Registration Authority s 317 — General powers of the Migration Agents Registration Authority s 318 — Power to refer people to mediation s 319 — Referral of conduct of certain migration agents to legal disciplinary authorities s 320 — Minister may delegate powers and functions s 321A — Disclosure of personal information by the Migration Agents Registration Authority s 332A — Collection of registration status charge s 332C — Removing disciplinary details—registered migration agents s 332D — Removing disciplinary details—former registered migration agents s 332E — Protection from civil proceedings s 332F — Disclosure of personal information by the Secretary s 332G — Disclosure of personal information by the ART s 332H — Giving of notices under this Part s 333 — Definitions s 333A — Restrictions on giving immigration assistance and making immigration representations s 333B — Registered migration agents who were unrestricted legal practitioners immediately before the Division 8 commencement day s 333C — Persons who were restricted legal practitioners immediately before the Division 8 commencement day s 333D — Registration applications made before the Division 8 commencement day s 333E — Events required to be notified under s 312(4) s 334 — Offences in relation to false or misleading statements regarding the making of decisions s 335 — Offence of undertaking, for reward, to cause decisions to be made etc. s 336 — Court may order reparation for loss suffered s 336A — Definitions s 336B — Application s 336C — Accessing identifying information s 336D — Authorising access to identifying information s 336E — Disclosing identifying information s 336F — Authorising disclosure of identifying information to foreign countries etc. s 336FA — Disclosure of certain personal identifiers to selected individuals s 336FB — Disclosure of other relevant information to selected individuals s 336FC — Disclosure of certain personal identifiers to the general public s 336FD — Disclosure of other relevant information to the general public s 336G — Unauthorised modification of identifying information s 336H — Unauthorised impairment of identifying information s 336J — Meanings of unauthorised modification and unauthorised impairment etc. s 336K — Destroying identifying information s 336L — Identifying information that may be indefinitely retained s 336M — Simplified outline of this Part s 336N — Scope of this Part s 336P — Interaction with the ART Act s 337 — Interpretation s 338 — Meaning of reviewable migration decision s 338A — Meaning of reviewable protection decision s 339 — Conclusive certificates s 347 — Application for ART review s 347A — Who can apply for ART review etc. s 348 — ART to review reviewable migration decisions and reviewable protection decisions s 348A — Parties to a proceeding for review s 349 — Remittal s 350 — Review of assessments made under section 93 s 351 — Minister may substitute more favourable decision s 352 — ART to notify Secretary of application for review s 353 — ART may require Secretary to arrange for investigations etc. s 357A — Exhaustive statement of natural justice hearing rule s 359A — Information and invitation given by ART s 362A — Applicant entitled to have access to written material before Tribunal s 363 — Reviews may be combined s 366D — Examination and cross‑examination not permitted s 367 — Certain bridging visa decisions—to be made within prescribed period s 367A — How ART is to deal with new claims or evidence in review of reviewable protection decisions s 367B — Certain ART proceedings must be in private s 368 — ART’s decision and written statement etc. s 368A — Notification of ART’s decision s 368B — Notice of dismissal and reinstatement decisions and when taken to have been made s 368C — Reinstatement of application or confirmation of dismissal s 369 — Identifying information relating to reviewable protection decisions not to be published s 375 — Restrictions on disclosure of certain information etc. s 375A — Certain information only to be disclosed to ART s 376 — ART’s discretion in relation to disclosure of certain information etc. s 378 — Protected information and documents s 379AA — Giving documents by ART where no requirement to do so by specified method s 379A — Methods by which ART gives documents to a person s 379C — When a person other than the Secretary is taken to have received a document from the ART s 379EA — Giving documents by ART—combined applications s 379G — Authorised recipient s 474 — Decisions under Act are final s 474AA — Interaction with the ART Act s 474A — Definition of ART Act migration decision s 475 — This Division not to limit section 474 s 476 — Jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) s 476A — Limited jurisdiction of the Federal Court s 476B — Remittal by the High Court s 477 — Time limits on applications to the Federal Circuit and Family Court of Australia (Division 2) s 477A — Time limits on applications to the Federal Court s 478 — Persons who may make application s 479 — Parties to review s 480 — Intervention by Attorney‑General s 481 — Operation etc. of decision s 482 — Changing person holding, or performing the duties of, an office s 484 — Exclusive jurisdiction of High Court, Federal Court and Federal Circuit and Family Court of Australia (Division 2) s 486A — Time limit on applications to the High Court for judicial review s 486AA — Intervention by Attorney‑General s 486AB — Operation etc. of decision s 486B — Multiple parties in migration litigation s 486C — Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court s 486D — Disclosing other judicial review proceedings s 486E — Obligation where there is no reasonable prospect of success s 486F — Cost orders s 486G — Person must be given reasonable opportunity to argue against costs order s 486H — Limited waiver of legal professional privilege s 486I — Lawyer’s certification s 486J — Part does not limit other powers to order costs against third parties s 486K — Definitions s 486L — What is the detention reporting start time for a person? s 486M — What is a detention reporting time for a person? s 486N — Secretary’s obligation to report to Commonwealth Ombudsman s 486O — Commonwealth Ombudsman to give Minister assessment of detention arrangements s 486P — Minister to table statement from Commonwealth Ombudsman s 486Q — Application of Ombudsman Act 1976 s 486R — Civil penalty orders s 486S — Additional rules relating to the sponsorship civil penalty provisions s 486T — Civil enforcement of penalty s 486U — Conduct contravening more than one civil penalty provision s 486V — Multiple contraventions s 486W — Proceedings may be heard together s 486X — Civil evidence and procedure rules for civil penalty orders s 486Y — Requirement for persons to assist in applications for civil penalty orders s 486Z — Civil proceedings after criminal proceedings s 486ZA — Criminal proceedings during civil proceedings s 486ZB — Criminal proceedings after civil proceedings s 486ZC — Evidence given in civil proceedings not admissible in criminal proceedings s 486ZD — Ancillary contravention of civil penalty provisions s 486ZE — Mistake of fact s 486ZF — State of mind s 486ZG — Civil double jeopardy s 487A — Definitions s 487B — Secretary or Australian Border Force Commissioner may require a person to give information or produce a document s 487C — Self‑incrimination s 487D — Authorised officer may enter premises by consent or under a search warrant s 487E — Search powers of authorised officers s 487F — Powers relating to electronic equipment s 487G — Seizing evidence of the contravention of related provisions etc. s 487H — Persons assisting authorised officers s 487J — Use of force in executing a search warrant s 487K — Authorised officer may ask questions and seek production of documents s 487L — Consent s 487M — Announcement before entry under search warrant s 487N — Authorised officer to be in possession of search warrant s 487P — Details of search warrant etc. to be given to occupier s 487Q — Completing execution of search warrant after temporary cessation s 487R — Completing execution of search warrant stopped by court order s 487S — Expert assistance to operate electronic equipment s 487T — Compensation for damage to electronic equipment s 487U — Occupier entitled to observe execution of search warrant s 487V — Occupier to provide authorised officer with facilities and assistance s 487W — Copies of seized things to be provided s 487X — Receipts for seized things s 487Y — Return of seized things s 487Z — Issuing officer may permit a seized thing to be retained s 487ZA — Disposal of seized things s 487ZB — Compensation for acquisition of property s 487ZC — Issue of search warrants s 487ZD — Search warrants by telephone, fax etc. s 487ZE — Authority of search warrant s 487ZF — Offence relating to search warrants by telephone, fax etc. s 487ZG — Identity cards s 487ZH — Powers of issuing officers s 487ZI — Prohibition on, and forfeiture of, bogus documents s 487ZJ — Seizure of bogus documents s 487ZK — Document condemned as forfeited s 487ZL — Dealing with a document after it is condemned as forfeited s 487 — Liability for identification tests s 488 — Tampering with movements records s 488A — Giving information to other relevant agencies s 488AA — Things seized under Crimes Act search warrant and information about such things s 488B — Authorisation to disclose information to an officer s 489 — Notified data bases s 490 — Identification card to be deemed to continue to be in a form approved by the Minister s 492 — Commencement of prosecutions s 493 — Conduct of directors, employees and agents s 494 — Jurisdiction of courts s 494AA — Bar on certain legal proceedings relating to unauthorised maritime arrivals s 494AB — Bar on certain legal proceedings relating to transitory persons s 494A — Giving documents by Minister where no requirement to do so by section 494B method s 494B — Methods by which Minister gives documents to a person s 494C — When a person is taken to have received a document from the Minister s 494D — Authorised recipient s 494E — When documents are taken to comply with content requirements s 495 — Minister may approve forms s 495A — Minister may arrange for use of computer programs to make decisions etc. s 495B — Minister may substitute more favourable decisions for certain computer‑based decisions s 496 — Delegation s 497 — Delegate not required to perform certain administrative tasks s 498 — Exercise of powers under Act s 499 — Minister may give directions s 500 — Review of decision s 500AA — Applications generally cannot be made to the ART guidance and appeals panel s 500A — Refusal or cancellation of temporary safe haven visas s 501 — Refusal or cancellation of visa on character grounds s 501A — Refusal or cancellation of visa—setting aside and substitution of non‑adverse decision under subsection 501(1) or (2) s 501B — Refusal or cancellation of visa—setting aside and substitution of adverse decision under subsection 501(1) or (2) s 501BA — Cancellation of visa—setting aside and substitution of non‑adverse decision under section 501CA s 501C — Refusal or cancellation of visa—revocation of decision under subsection 501(3) or 501A(3) s 501CA — Cancellation of visa—revocation of decision under subsection 501(3A) (person serving sentence of imprisonment) s 501D — Refusal or cancellation of visa—method of satisfying Minister that person passes the character test s 501E — Refusal or cancellation of visa—prohibition on applying for other visas s 501F — Refusal or cancellation of visa—refusal of other visa applications and cancellation of other visas s 501G — Refusal or cancellation of visa—notification of decision s 501H — Refusal or cancellation of visa—miscellaneous provisions s 501HA — Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas s 501J — Refusal or cancellation of protection visa—Minister may substitute more favourable decision s 501K — Identity of applicants for protection visas not to be published by the ART s 501L — Disclosure of information to the Minister s 501M — Collection, use and disclosure of criminal history information s 502 — Minister may decide in the national interest that certain persons are to be excluded persons s 503 — Exclusion of certain persons from Australia s 503A — Protection of information supplied by law enforcement agencies or intelligence agencies s 503B — Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—permanent non‑disclosure orders s 503C — Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—interim non‑disclosure orders s 503D — Details of gazetted agency to be treated as protected information s 503E — Validation of decisions s 504 — Regulations s 505 — Regulations about visa criteria s 506 — Regulations about passenger cards s 506A — Regulations may provide for infringement notices s 506B — Tax file numbers s 507 — Marital or relationship status Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.