Section 164CMigration Act 1958 (Cth)

When enforcement visa ceases to be in effect

Enforcement visa (fisheries matters)—non‑citizen in fisheries detention

(1) The enforcement visa (fisheries matters) of a non‑citizen who is in fisheries detention ceases to be in effect:

(a) at the time the non‑citizen is released, or escapes, from fisheries detention; or

(b) at the time the Minister makes a declaration under subsection 164B(7) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a member; or

(c) on the occurrence of a prescribed event;

whichever occurs first.

Enforcement visa (fisheries matters)—non‑citizen not in fisheries detention

(2) The enforcement visa (fisheries matters) of a non‑citizen who is not in fisheries detention ceases to be in effect:

(a) at the time a decision is made not to charge the non‑citizen with a fisheries detention offence; or

(b) at the time the Minister makes a declaration under subsection 164B(7) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a member; or

(c) on the occurrence of a prescribed event;

whichever occurs first.

Enforcement visa (environment matters)—non‑citizen in environment detention

(3) The enforcement visa (environment matters) of a non‑citizen who is in environment detention ceases to be in effect:

(a) at the time the non‑citizen is released, or escapes, from environment detention; or

(b) at the time the Minister makes a declaration under subsection 164BA(7) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a member; or

(c) on the occurrence of a prescribed event;

whichever occurs first.

Enforcement visa (environment matters)—non‑citizen not in environment detention

(4) The enforcement visa (environment matters) of a non‑citizen who is not in environment detention ceases to be in effect:

(a) at the time a decision is made not to charge the non‑citizen with an environment detention offence; or

(b) at the time the Minister makes a declaration under subsection 164BA(7) in relation to the non‑citizen, or a class of persons of which the non‑citizen is a member; or

(c) on the occurrence of a prescribed event;

whichever occurs first.

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. Verify the current text against the official source before relying on it.

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