Section 126 — Migration Act 1958 (Cth)

(1) If a non‑citizen in questioning detention who is not released before the end of the 4 hours for which he or she may be detained is given an invitation under paragraph 119(1)(b) or 120(2)(c), the period within which he or she may respond to the invitation is to end when, or before, those 4 hours end.

(2) If a non‑citizen who has been given an invitation under paragraph 119(1)(b) or 120(2)(c) (whether in immigration clearance or otherwise) is taken into questioning detention and not released before the end of the 4 hours for which he or she may be detained, the period within which he or she is to respond to the invitation is to end when, or before, those 4 hours end.

Related sections

• 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 127 — Notification of decision
• s 127A — Exhaustive statement of natural justice hearing rule
• s 128 — Cancellation of visas of people outside Australia

Research how courts apply s 126

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