Ma1958118 2

Migration Act 1958
No. 62, 1958
Compilation No. 160
Compilation date: 29 March 2024
Includes amendments: Act No. 86, 2023
Registered: 9 April 2024
This compilation is in 2 volumes
Volume 1: sections 1–261K

Volume 2: sections 262–507
Schedule
Endnotes
Each volume has its own contents
Prepared by the Office of Parliamentary Counsel, Canberra

About this compilation
This compilation
This is a compilation of the Migration Act 1958 that shows the text of the law as
amended and in force on 29 March 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Register (www.legislation.gov.au). The details of amendments made up
to, but not commenced at, the compilation date are underlined in the endnotes.
For more information on any uncommenced amendments, see the Register for
the compiled law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
Contents
Part 2—Arrival, presence and departure of persons 1
Division 14—Recovery of costs from certain persons 1
262 Liability to the Commonwealth for the cost of
keeping, maintaining and removing certain
persons .............................................................................. 1
263 Secretary or Australian Border Force
Commissioner able to issue notice of debt ........................ 2
264 Garnishee notice ................................................................ 2
265 Debt from failure to comply with garnishee notice ........... 4
266 Future debts ....................................................................... 5
Commissioner may freeze amounts to secure
future debts ........................................................................ 5
268 Application of Division to the Crown ............................... 6
Division 14A—Monitoring compliance with student visa
conditions 7
Subdivision A—Preliminary 7
268AA Definitions ......................................................................... 7
268AB Division binds the Crown .................................................. 8
268AD Powers conferred on magistrates in their personal
capacity ............................................................................. 8
Subdivision B—Notices requiring information and documents 8
268BA Production notices ............................................................. 8
268BB Contents of the production notice ...................................... 9
268BC Serving production notices .............................................. 10
268BD Attendance notices .......................................................... 10
268BE Contents of attendance notice .......................................... 11
268BF Scales of expenses ........................................................... 11
268BG Reasonable compensation for giving copies .................... 11
268BH Offence: failing to comply with a notice ......................... 12
268BI Offence: giving false or misleading information ............. 12
268BJ Offence: giving false or misleading document ................ 12
268BK Information and documents that incriminate a
person .............................................................................. 13
268BL Copies of documents ....................................................... 13
268BM Officer may retain documents ......................................... 13
268BN Owner of document must be given copy ......................... 14
Migration Act 1958 i
Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

268BO Retaining documents ....................................................... 14
268BP Officer may apply to magistrate or tribunal
member for a further period ............................................ 15
268BQ Magistrate or tribunal member may order retention
for further period ............................................................. 15
Subdivision C—Searching education providers’ premises 16
268CA Authorised officer may enter premises for a visa
monitoring purpose ......................................................... 16
268CB Being on premises with consent ...................................... 17
268CC Consent............................................................................ 17
268CD Authorised officer may apply for monitoring
warrant ............................................................................ 17
268CE Magistrate or tribunal member may issue
monitoring warrant .......................................................... 17
268CF Magistrate or tribunal member may require more
information ...................................................................... 18
268CG Contents of monitoring warrant....................................... 18
268CH Use of reasonable force and assistance ............................ 18
268CI Monitoring powers of authorised officers ....................... 19
268CJ Authorised officer on premises with consent may
ask questions ................................................................... 20
268CK Authorised officer on premises under warrant may
ask questions ................................................................... 21
268CL Offence: failure to answer question ................................. 21
268CM Offence: giving false or misleading information ............. 22
268CN Offence: giving or showing documents that are
false or misleading in material particulars ....................... 22
268CO Use of electronic equipment in exercising
monitoring powers........................................................... 23
268CP Use of electronic equipment by experts........................... 23
268CQ Extension of period ......................................................... 24
268CR Powers without warrant in emergency situations ............ 24
268CS Retaining seized things .................................................... 25
268CT Authorised officer may apply for a thing to be
retained for a further period ............................................. 25
268CU Magistrate or tribunal member may order that
thing be retained .............................................................. 26
268CV Occupier to provide authorised officer with all
facilities and assistance ................................................... 26
268CW Announcement before entry ............................................ 27
ii Migration Act 1958

268CX Copy of monitoring warrant to be given to
occupier before entry ....................................................... 27
268CY Compensation for damage to electronic equipment
or data.............................................................................. 27
268CZ Occupier entitled to be present during execution of
monitoring warrant .......................................................... 28
268CZA Identity cards ................................................................... 28
268CZB Authorised officer must produce identity card on
request ............................................................................. 29
268CZC Officer may apply for warrants by telephone etc............. 29
268CZD Magistrate or tribunal member may grant warrant
by telephone etc. .............................................................. 30
268CZE Procedure for issuing warrant by telephone etc. .............. 30
268CZF Procedure after telephone warrant ceases or is
executed .......................................................................... 31
268CZG Form of warrant authorises exercise of power ................. 31
268CZH Court to assume that exercise of power not
authorised by telephone etc. warrant ............................... 32
Division 15—General 33
269 Securities ......................................................................... 33
270 Reports of absences of crews of vessels .......................... 34
271 Proof of certain matters ................................................... 35
272 Migrant centres................................................................ 38
273 Detention centres ............................................................. 39
Commissioner may issue documents containing
information concerning certain persons........................... 40
Part 3—Migration agents and immigration assistance 41

Division 1—Preliminary 41
275 Interpretation ................................................................... 41
276 Immigration assistance .................................................... 43
278 Relation by employment ................................................. 45
278A Eligibility for restricted legal practitioners ...................... 46
279 Part VIIC of the Crimes Act 1914 to apply to this
Part .................................................................................. 48
Division 2—Restrictions on giving of immigration assistance and
making of immigration representations 49
280 Restrictions on giving of immigration assistance ............ 49
Migration Act 1958 iii

281 Restriction on charging fees for immigration
assistance ......................................................................... 51
282 Restriction on charging fees for immigration
representations................................................................. 51
283 False representation that a person is a registered
migration agent................................................................ 53
284 Restriction on self-advertising of the giving of
immigration assistance .................................................... 53
285 Restriction on other advertising of immigration
assistance ......................................................................... 54
Division 3—Registration of migration agents 56
287 Register of Migration Agents .......................................... 56
288 Application for registration ............................................. 57
288A Publishing requirement.................................................... 59
288B Requirement to provide further information etc. ............. 59
289 Registration ..................................................................... 61
289A Applicant must not be registered if academic and
vocational requirements are not satisfied ........................ 62
289B Applications by Australian legal practitioners................. 62
290 Applicant must not be registered if not a person of
integrity or not fit and proper .......................................... 63
290A Applicant must not be registered if continuing
professional development requirements are not
satisfied ........................................................................... 64
290B Applicant must not be registered if any unpaid
registration status charge ................................................. 65
291 Applicant must not be registered if registration
refused in past year .......................................................... 65
291A Applicant must not be registered if suspension
would be in effect ............................................................ 65
292 Applicant must not be registered if registration
cancelled in past 5 years .................................................. 66
292A Applicant must not be registered if any barring
period has not ended ........................................................ 66
292B Applicant must not be registered unless he or she
holds appropriate professional indemnity
insurance ......................................................................... 66
293 Applicant under 18 must not be registered ...................... 67
294 Applicant must not be registered if not an
Australian citizen, permanent resident or New
Zealander with special visa ............................................. 67
295 Notice of refusal of application ....................................... 67
iv Migration Act 1958

299 Period of registration ....................................................... 67
300 Automatic continuation of registration ............................ 68
301 Migration Agents Registration Authority must
warn of expiry ................................................................. 70
302 Automatic deregistration ................................................. 70
302A Cancellation of registration—Australian legal
practitioners ..................................................................... 70
303 Disciplining registered migration agents ......................... 71
304 Period of suspension........................................................ 72
304A Conditions for lifting cautions ......................................... 72
305 Notice of disciplinary decision ........................................ 72
305A Making disciplinary details publicly available ................ 73
305B Providing disciplinary details to clients ........................... 73
305C Requiring registered migration agents to give
information or documents................................................ 74
306 Review by the Administrative Appeals Tribunal............. 75
306AA Stay orders....................................................................... 75
Division 3A—Documents relating to clients of inactive migration
agents and deceased migration agents 76
306A Objects of this Division ................................................... 76
306B Inactive migration agents ................................................ 76
306C Definition of client .......................................................... 78
306D Power to obtain documents from inactive
migration agent................................................................ 78
306E Power to obtain documents from representative of
deceased inactive migration agent ................................... 79
306F Power to obtain documents from representative of
deceased registered migration agent ................................ 80
306G Reasonable compensation ............................................... 81
306H Failure to comply with notice .......................................... 81
306J Self-incrimination............................................................ 82
306K Migration Agents Registration Authority to give
client documents to clients .............................................. 82
306L Compensation—constitutional safety-net ........................ 83
Division 4—Investigations and decision-making by the
Migration Agents Registration Authority 85
308 Requiring registered migration agents to give
information ...................................................................... 85
309 Persons may make submissions....................................... 86
Migration Act 1958 v

310 Persons may appear before Migration Agents
Registration Authority ..................................................... 86
311 Migration Agents Registration Authority not
bound by legal forms etc. ................................................ 87
Division 4A—Disciplining former registered migration agents 88
311A Barring former registered migration agents from
being registered for up to 5 years .................................... 88
311B Notice of disciplinary decision ........................................ 88
311C Making disciplinary details publicly available ................ 89
311D Former registered migration agent may make a
submission etc. ................................................................ 89
311E Authority not bound by legal forms etc. .......................... 90
311EA Requiring former registered migration agents to
give information or documents ........................................ 91
311F Review by the Administrative Appeals Tribunal............. 92
Division 5—Obligations of registered migration agents 93
312 Notification obligations ................................................... 93
312A Notification of giving of immigration assistance to
visa applicants ................................................................. 94
312B Notification of giving of immigration assistance to
review applicants ............................................................. 95
313 Persons charged for services to be given detailed
statement of services ....................................................... 95
314 Code of Conduct for migration agents............................. 96
Division 6—Migration Agents Registration Authority 97
315 Migration Agents Registration Authority—nature,
powers and functions ....................................................... 97
316 Functions of Migration Agents Registration
Authority ......................................................................... 97
317 General powers of the Migration Agents
Registration Authority ..................................................... 98
318 Power to refer people to mediation.................................. 98
319 Referral of conduct of certain migration agents to
legal disciplinary authorities............................................ 98
320 Minister may delegate powers and functions .................. 99
321A Disclosure of personal information by the
Migration Agents Registration Authority ........................ 99
Division 6A—Registration application fees and registration
status charges 101
332A Collection of registration status charge ......................... 101
vi Migration Act 1958

Division 7—Other things 102
332C Removing disciplinary details—registered
migration agents ............................................................ 102
332D Removing disciplinary details—former registered
migration agents ............................................................ 102
332E Protection from civil proceedings.................................. 102
332F Disclosure of personal information by the
Secretary ........................................................................ 104
332G Disclosure of personal information by a review
authority ........................................................................ 104
332H Giving of notices under this Part ................................... 105
Division 8—Transitional arrangements for Australian legal
practitioners 107
333 Definitions ..................................................................... 107
333A Restrictions on giving immigration assistance and
making immigration representations ............................. 107
333B Registered migration agents who were unrestricted
legal practitioners immediately before the
Division 8 commencement day ..................................... 107
333C Persons who were restricted legal practitioners
immediately before the Division 8 commencement
day ................................................................................. 108
333D Registration applications made before the
Division 8 commencement day ..................................... 108
333E Events required to be notified under s 312(4)................ 109
Part 4—Offences relating to decisions under Act 110

334 Offences in relation to false or misleading
statements regarding the making of decisions ............... 110
335 Offence of undertaking, for reward, to cause
decisions to be made etc. ............................................... 110
336 Court may order reparation for loss suffered ................. 111
Part 4A—Obligations relating to identifying information 112

336A Definitions ..................................................................... 112
336B Application .................................................................... 113
Division 2—Accessing identifying information 114
336C Accessing identifying information ................................ 114
336D Authorising access to identifying information ............... 114
Migration Act 1958 vii

Division 3—Disclosing identifying information 116
336E Disclosing identifying information ................................ 116
336F Authorising disclosure of identifying information
to foreign countries etc. ................................................. 119
336FA Disclosure of certain personal identifiers to
selected individuals ....................................................... 122
336FB Disclosure of other relevant information to
selected individuals ....................................................... 123
336FC Disclosure of certain personal identifiers to the
general public ................................................................ 123
336FD Disclosure of other relevant information to the
general public ................................................................ 125
Division 4—Modifying and impairing identifying information 126
336G Unauthorised modification of identifying
information .................................................................... 126
336H Unauthorised impairment of identifying
information .................................................................... 126
336J Meanings of unauthorised modification and
unauthorised impairment etc. ........................................ 126
Division 5—Destroying identifying information 128
336K Destroying identifying information ............................... 128
336L Identifying information that may be indefinitely
retained .......................................................................... 129
Part 5—Review of Part 5-reviewable decisions 131

Division 1—Interpretation 131
336M Simplified outline of this Part........................................ 131
336N Scope of this Part........................................................... 132
337 Interpretation ................................................................. 132
Division 2—Part 5-reviewable decisions 134
338 Definition of Part 5-reviewable decision ...................... 134
339 Conclusive certificates .................................................. 137
Division 3—Part 5-reviewable decisions: Tribunal review 138
347 Application for review of Part 5-reviewable
decisions ........................................................................ 138
348 Tribunal to review Part 5-reviewable decisions............. 139
349 Tribunal powers on review of Part 5-reviewable
decisions ........................................................................ 140
350 Review of assessments made under section 93.............. 140
viii Migration Act 1958

351 Minister may substitute more favourable decision ........ 141
352 Tribunal to notify Secretary of application for
review of Part 5-reviewable decisions ........................... 142
Division 4—Part 5-reviewable decisions: Tribunal powers 144
353 Tribunal’s way of operating .......................................... 144
353B Guidance decisions ........................................................ 144
Division 5—Part 5-reviewable decisions: conduct of review 145
357A Exhaustive statement of natural justice hearing
rule ................................................................................ 145
358 Documents to be given to the Tribunal.......................... 145
359 Tribunal may seek information...................................... 145
359AA Information and invitation given orally by
Tribunal while applicant appearing ............................... 146
359A Information and invitation given in writing by
Tribunal ......................................................................... 147
359B Requirements for written invitation etc. ........................ 148
359C Failure to give information, comments or response
in response to written invitation .................................... 149
360 Tribunal must invite applicant to appear ....................... 149
360A Notice of invitation to appear ........................................ 150
361 Applicant may request Tribunal to call witness and
obtain written material................................................... 150
362 Certain bridging visa decisions—request to call
witnesses ....................................................................... 151
362A Applicant entitled to have access to written
material before Tribunal ................................................ 152
362B Failure of applicant to appear before Tribunal .............. 152
362C Failure to appear—Tribunal’s decisions, written
statements and notifying the applicant .......................... 154
363 Powers of the Tribunal etc. ............................................ 156
363A Tribunal does not have power to permit a person to
do something he or she is not entitled to do .................. 156
364 Tribunal’s power to take evidence ................................. 157
365 Review to be in public ................................................... 157
366 Oral evidence by telephone etc. ..................................... 158
366A Applicant may be assisted by another person while
appearing before Tribunal ............................................. 158
366B Other persons not to be assisted or represented
while appearing before Tribunal.................................... 159
366C Interpreters .................................................................... 159
Migration Act 1958 ix

366D Examination and cross-examination not permitted........ 160
367 Certain bridging visa decisions—to be made
within prescribed period ................................................ 160
Division 6—Part 5-reviewable decisions: Tribunal decisions 161
368 Tribunal’s decision and written statement ..................... 161
368A Notifying parties of Tribunal’s decision (decision
not given orally) ............................................................ 162
368D Tribunal’s decisions given orally .................................. 163
Division 7—Part 5-reviewable decisions: offences 166
370 Failure to comply with summons .................................. 166
371 Refusal to be sworn or to answer questions ................... 166
Division 8—Part 5-reviewable decisions: miscellaneous 168
375 Restrictions on disclosure of certain information
etc. ................................................................................. 168
375A Certain information only to be disclosed to
Tribunal ......................................................................... 168
376 Tribunal’s discretion in relation to disclosure of
certain information etc................................................... 169
378 Tribunal may restrict publication of certain matters ...... 170
Division 8A—Part 5-reviewable decisions: giving and receiving
documents 171
379AA Giving documents by Tribunal where no
requirement to do so by section 379A or 379B
method ........................................................................... 171
379A Methods by which Tribunal gives documents to a
person other than the Secretary ..................................... 172
379B Methods by which Tribunal gives documents to
the Secretary .................................................................. 174
379C When a person other than the Secretary is taken to
have received a document from the Tribunal ................ 175
379D When the Secretary is taken to have received a
document from the Tribunal .......................................... 177
379EA Giving documents by Tribunal—combined
applications ................................................................... 177
379F Giving documents etc. to the Tribunal .......................... 178
379G Authorised recipient ...................................................... 178
Part 7—Review of Part 7-reviewable decisions 180

Division 1—Interpretation 180
408 Simplified outline of this Part........................................ 180
x Migration Act 1958

409 Scope of this Part........................................................... 181
410 Interpretation ................................................................. 181
Division 2—Part 7-reviewable decisions 182
411 Definition of Part 7-reviewable decision ...................... 182
412 Application for review of Part 7-reviewable
decisions ........................................................................ 183
414 Tribunal to review Part 7-reviewable decisions............. 184
415 Tribunal powers on review of Part 7-reviewable
decisions ........................................................................ 184
416 Multiple review applications—consideration of
information .................................................................... 185
417 Minister may substitute more favourable decision ........ 186
418 Tribunal to notify Secretary of application for
review of Part 7-reviewable decisions ........................... 187
419 Certain decisions on review to be made within
prescribed period etc. .................................................... 187
Division 3—Part 7-reviewable decisions: Tribunal powers 189
420 Tribunal’s way of operating .......................................... 189
420B Guidance decisions ........................................................ 189
Division 4—Part 7-reviewable decisions: conduct of review 190
422B Exhaustive statement of natural justice hearing
rule ................................................................................ 190
423 Documents to be given to the Tribunal.......................... 190
423A How Tribunal is to deal with new claims or
evidence ........................................................................ 190
424 Tribunal may seek information...................................... 191
424AA Information and invitation given orally by
Tribunal while applicant appearing ............................... 191
424A Information and invitation given in writing by
Tribunal ......................................................................... 192
424B Requirements for written invitation etc. ........................ 193
424C Failure to give information, comments or response
in response to written invitation .................................... 194
425 Tribunal must invite applicant to appear ....................... 195
425A Notice of invitation to appear ........................................ 195
426 Applicant may request Tribunal to call witnesses ......... 195
426A Failure of applicant to appear before Tribunal .............. 196
426B Failure to appear—Tribunal’s decisions, written
statements and notifying the applicant .......................... 198
427 Powers of the Tribunal etc. ............................................ 200
Migration Act 1958 xi

428 Tribunal’s power to take evidence ................................. 201
429 Review to be in private .................................................. 201
429A Oral evidence by telephone etc. ..................................... 202
Division 5—Part 7-reviewable decisions: Tribunal decisions 203
430 Tribunal’s decision and written statement ..................... 203
430A Notifying parties of Tribunal’s decision (decision
not given orally) ............................................................ 204
430D Tribunal’s decision given orally .................................... 205
431 Identifying information not to be published .................. 207
Division 6—Part 7-reviewable decisions: offences 208
432 Failure to comply with summons .................................. 208
433 Refusal to be sworn or to answer questions ................... 208
Division 7—Part 7-reviewable decisions: miscellaneous 210
437 Restrictions on disclosure of certain information
etc. ................................................................................. 210
438 Tribunal’s discretion in relation to disclosure of
certain information etc................................................... 210
440 Tribunal may restrict publication or disclosure of
certain matters ............................................................... 211
Division 7A—Review of Part 7-reviewable decisions: giving and
receiving documents 213
441AA Giving documents by Tribunal where no
requirement to do so by section 441A or 441B
method ........................................................................... 213
441A Methods by which Tribunal gives documents to a
person other than the Secretary ..................................... 214
441B Methods by which Tribunal gives documents to
the Secretary .................................................................. 216
441C When a person other than the Secretary is taken to
have received a document from the Tribunal ................ 217
441D When the Secretary is taken to have received a
document from the Tribunal .......................................... 219
441EA Giving documents by Tribunal—combined
applications ................................................................... 219
441F Giving documents etc. to the Tribunal .......................... 220
441G Authorised recipient ...................................................... 220
xii Migration Act 1958

Part 7AA—Fast track review process in relation to certain
protection visa decisions 222
Division 1—Introduction 222
473BA Simplified outline of this Part........................................ 222
473BB Definitions ..................................................................... 223
473BC Minister may determine that certain decisions are
to be reviewed under this Part ....................................... 224
473BD Minister may issue conclusive certificate in
relation to certain decisions ........................................... 225
Division 2—Referral of fast track reviewable decisions to
Immigration Assessment Authority 226
473CA Referral of fast track reviewable decisions .................... 226
473CB Material to be provided to Immigration
Assessment Authority.................................................... 226
473CC Review of decision ........................................................ 227
Division 3—Conduct of review 228
Subdivision A—Natural justice requirements 228
473DA Exhaustive statement of natural justice hearing
rule ................................................................................ 228
Subdivision B—Review on the papers 228
473DB Immigration Assessment Authority to review
decisions on the papers .................................................. 228
Subdivision C—Additional information 229
473DC Getting new information ............................................... 229
473DD Considering new information in exceptional
circumstances ................................................................ 229
473DE Certain new information must be given to referred
applicant ........................................................................ 230
473DF Invitation to give new information or comments in
writing or at interview ................................................... 231
Division 4—Decisions of Immigration Assessment Authority 232
473EA Immigration Assessment Authority’s decision and
written statement ........................................................... 232
473EB Notification of Immigration Assessment
Authority’s decision ...................................................... 233
473EC Certain decisions of the Immigration Assessment
Authority to be published .............................................. 233
Migration Act 1958 xiii

Division 5—Exercise of powers and functions by Immigration
Assessment Authority 235
473FA How Immigration Assessment Authority is to
exercise its functions ..................................................... 235
473FB Practice directions ......................................................... 235
473FC Guidance decisions ........................................................ 236
Division 6—Disclosure of information 237
473GA Restrictions on disclosure of certain information
etc. ................................................................................. 237
473GB Immigration Assessment Authority’s discretion in
relation to disclosure of certain information etc. ........... 237
473GC Disclosure of confidential information .......................... 238
473GD Immigration Assessment Authority may restrict
publication or disclosure of certain matters ................... 240
Division 7—Giving and receiving review documents etc. 242
473HA Giving documents by Immigration Assessment
Authority where no requirement to do so by
section 473HB or 473HC method ................................. 242
473HB Methods by which Immigration Assessment
Authority gives documents to a person other than
the Secretary .................................................................. 243
473HC Methods by which Immigration Assessment
Authority gives documents to the Secretary .................. 245
473HD When a person other than the Secretary is taken to
have received a document from the Immigration
473HE When the Secretary is taken to have received a
document from the Immigration Assessment
Authority ....................................................................... 248
473HF Giving documents etc. to the Immigration
473HG Authorised recipient ...................................................... 249
Division 8—The Immigration Assessment Authority 251
473JA The Immigration Assessment Authority ........................ 251
473JB Administrative arrangements......................................... 251
473JC Appointment of Senior Reviewer .................................. 252
473JD Acting Senior Reviewer ................................................ 252
473JE Staff ............................................................................... 252
473JF Delegation ..................................................................... 252
xiv Migration Act 1958

Part 8—Judicial review 253
Division 1—Privative clause 253
474 Decisions under Act are final ........................................ 253
Division 2—Jurisdiction and procedure of courts 256
474A Definition of AAT Act migration decision ..................... 256
475 This Division not to limit section 474 ........................... 257
476 Jurisdiction of the Federal Circuit and Family
Court of Australia (Division 2)...................................... 257
476A Limited jurisdiction of the Federal Court ...................... 258
476B Remittal by the High Court ........................................... 260
477 Time limits on applications to the Federal Circuit
and Family Court of Australia (Division 2) ................... 261
477A Time limits on applications to the Federal Court........... 262
478 Persons who may make application ............................... 263
479 Parties to review ............................................................ 263
480 Intervention by Attorney-General ................................. 264
481 Operation etc. of decision .............................................. 264
482 Changing person holding, or performing the duties
of, an office ................................................................... 264
484 Exclusive jurisdiction of High Court, Federal
Court and Federal Circuit and Family Court of
Australia (Division 2) .................................................... 265
Part 8A—Restrictions on court proceedings 266

486A Time limit on applications to the High Court for
judicial review ............................................................... 266
486AA Intervention by Attorney-General ................................. 267
486AB Operation etc. of decision .............................................. 267
486B Multiple parties in migration litigation .......................... 267
486C Persons who may commence or continue
proceedings in the Federal Circuit and Family
Court of Australia (Division 2) or the Federal
Court.............................................................................. 269
486D Disclosing other judicial review proceedings ................ 270
Part 8B—Costs orders where proceedings have no reasonable

prospect of success 272
486E Obligation where there is no reasonable prospect
of success ...................................................................... 272
486F Cost orders .................................................................... 272
Migration Act 1958 xv

486G Person must be given reasonable opportunity to
argue against costs order ............................................... 273
486H Limited waiver of legal professional privilege .............. 274
486I Lawyer’s certification.................................................... 274
486J Part does not limit other powers to order costs
against third parties ....................................................... 275
486K Definitions ..................................................................... 275
Part 8C—Reports on persons in detention for more than 2

years 276
486L What is the detention reporting start time for a
person? .......................................................................... 276
486M What is a detention reporting time for a person?........... 276
486N Secretary’s obligation to report to Commonwealth
Ombudsman .................................................................. 276
486O Commonwealth Ombudsman to give Minister
assessment of detention arrangements ........................... 277
486P Minister to table statement from Commonwealth
Ombudsman .................................................................. 278
486Q Application of Ombudsman Act 1976............................ 278
Part 8D—Civil penalties 279

Division 1—Obtaining a civil penalty order 279
486R Civil penalty orders ....................................................... 279
486S Additional rules relating to the sponsorship civil
penalty provisions ......................................................... 280
486T Civil enforcement of penalty ......................................... 281
486U Conduct contravening more than one civil penalty
provision........................................................................ 281
486V Multiple contraventions ................................................. 282
486W Proceedings may be heard together ............................... 282
486X Civil evidence and procedure rules for civil
penalty orders ................................................................ 282
486Y Requirement for persons to assist in applications
for civil penalty orders .................................................. 282
Division 2—Civil proceedings and criminal proceedings 284
486Z Civil proceedings after criminal proceedings ................ 284
486ZA Criminal proceedings during civil proceedings ............. 284
486ZB Criminal proceedings after civil proceedings ................ 284
486ZC Evidence given in civil proceedings not admissible
in criminal proceedings ................................................. 285
xvi Migration Act 1958

Division 3—Miscellaneous 286
486ZD Ancillary contravention of civil penalty provisions ....... 286
486ZE Mistake of fact............................................................... 286
486ZF State of mind ................................................................. 287
486ZG Civil double jeopardy .................................................... 287
Part 8E—Investigation powers relating to certain offences and

provisions 288
487A Definitions ..................................................................... 288
Division 2—Requiring persons to give information or produce
documents 291
487B Secretary or Australian Border Force
Commissioner may require a person to give
information or produce a document............................... 291
487C Self-incrimination.......................................................... 292
Division 3—Search warrants 293
Subdivision A—Search powers 293
487D Authorised officer may enter premises by consent
or under a search warrant .............................................. 293
487E Search powers of authorised officers ............................. 293
487F Powers relating to electronic equipment........................ 294
487G Seizing evidence of the contravention of related
provisions etc................................................................. 295
487H Persons assisting authorised officers ............................. 296
487J Use of force in executing a search warrant .................... 297
Subdivision B—Powers of authorised officers to ask questions and
seek production of documents 297
487K Authorised officer may ask questions and seek
production of documents ............................................... 297
Subdivision C—Obligations and incidental powers of authorised
officers 298
487L Consent.......................................................................... 298
487M Announcement before entry under search warrant ........ 298
487N Authorised officer to be in possession of search
warrant .......................................................................... 299
487P Details of search warrant etc. to be given to
occupier ......................................................................... 299
Migration Act 1958 xvii

487Q Completing execution of search warrant after
temporary cessation ....................................................... 300
487R Completing execution of search warrant stopped
by court order ................................................................ 301
487S Expert assistance to operate electronic equipment ........ 302
487T Compensation for damage to electronic equipment ....... 303
Subdivision D—Occupier’s rights and responsibilities 304
487U Occupier entitled to observe execution of search
warrant .......................................................................... 304
487V Occupier to provide authorised officer with
facilities and assistance ................................................. 304
Subdivision E—General provisions relating to seizure 305
487W Copies of seized things to be provided .......................... 305
487X Receipts for seized things .............................................. 306
487Y Return of seized things .................................................. 306
487Z Issuing officer may permit a seized thing to be
retained .......................................................................... 307
487ZA Disposal of seized things ............................................... 308
487ZB Compensation for acquisition of property ..................... 308
Subdivision F—Issue of search warrants 309
487ZC Issue of search warrants ................................................ 309
487ZD Search warrants by telephone, fax etc. .......................... 310
487ZE Authority of search warrant ........................................... 312
487ZF Offence relating to search warrants by telephone,
fax etc. ........................................................................... 312
Subdivision G—Identity cards 313
487ZG Identity cards ................................................................. 313
Subdivision H—Powers of issuing officers 314
487ZH Powers of issuing officers ............................................. 314
Part 9—Miscellaneous 315

Division 1—Bogus documents 315
487ZI Prohibition on, and forfeiture of, bogus documents ...... 315
487ZJ Seizure of bogus documents .......................................... 315
487ZK Document condemned as forfeited ................................ 316
487ZL Dealing with a document after it is condemned as
forfeited ......................................................................... 317
Division 2—Other 318
487 Liability for identification tests ..................................... 318
xviii Migration Act 1958

488 Tampering with movements records ............................. 318
488A Giving information to other relevant agencies .............. 320
488AA Things seized under Crimes Act search warrant
and information about such things................................. 320
488B Authorisation to disclose information to an officer ....... 321
489 Notified data bases ........................................................ 322
490 Identification card to be deemed to continue to be
in a form approved by the Minister ............................... 323
492 Commencement of prosecutions ................................... 323
493 Conduct of directors, employees and agents ................. 323
494 Jurisdiction of courts ..................................................... 325
494AA Bar on certain legal proceedings relating to
unauthorised maritime arrivals ...................................... 326
494AB Bar on certain legal proceedings relating to
transitory persons .......................................................... 327
494A Giving documents by Minister where no
requirement to do so by section 494B method .............. 328
494B Methods by which Minister gives documents to a
person ............................................................................ 329
494C When a person is taken to have received a
document from the Minister .......................................... 332
494D Authorised recipient ...................................................... 334
494E When documents are taken to comply with content
requirements .................................................................. 335
495 Minister may approve forms ......................................... 337
495A Minister may arrange for use of computer
programs to make decisions etc. .................................... 337
495B Minister may substitute more favourable decisions
for certain computer-based decisions ............................ 338
496 Delegation ..................................................................... 338
497 Delegate not required to perform certain
administrative tasks ....................................................... 339
498 Exercise of powers under Act........................................ 340
499 Minister may give directions ......................................... 340
500 Review of decision ........................................................ 340
500A Refusal or cancellation of temporary safe haven
visas............................................................................... 346
501 Refusal or cancellation of visa on character
grounds .......................................................................... 350
501A Refusal or cancellation of visa—setting aside and
substitution of non-adverse decision under
subsection 501(1) or (2) ................................................ 356
Migration Act 1958 xix

501B Refusal or cancellation of visa—setting aside and
substitution of adverse decision under
subsection 501(1) or (2) ................................................ 358
501BA Cancellation of visa—setting aside and
substitution of non-adverse decision under
section 501CA ............................................................... 359
501C Refusal or cancellation of visa—revocation of
decision under subsection 501(3) or 501A(3)................ 360
501CA Cancellation of visa—revocation of decision under
subsection 501(3A) (person serving sentence of
imprisonment) ............................................................... 362
501D Refusal or cancellation of visa—method of
satisfying Minister that person passes the character
test ................................................................................. 363
501E Refusal or cancellation of visa—prohibition on
applying for other visas ................................................. 364
501F Refusal or cancellation of visa—refusal of other
visa applications and cancellation of other visas ........... 365
501G Refusal or cancellation of visa—notification of
decision ......................................................................... 366
501H Refusal or cancellation of visa—miscellaneous
provisions ...................................................................... 367
501HA Application of sections 501 to 501H to transitional
(permanent) visas and transitional (temporary)
visas............................................................................... 368
501J Refusal or cancellation of protection visa—
Minister may substitute more favourable decision ........ 368
501K Identity of applicants for protection visas not to be
published by the Administrative Appeals Tribunal ....... 369
501L Disclosure of information to the Minister...................... 370
502 Minister may decide in the national interest that
certain persons are to be excluded persons .................... 372
503 Exclusion of certain persons from Australia.................. 373
503A Protection of information supplied by law
enforcement agencies or intelligence agencies .............. 373
503B Protection of confidential information disclosed to
Federal Court or Federal Circuit and Family Court
of Australia (Division 2)—permanent
non-disclosure orders .................................................... 378
503C Protection of confidential information disclosed to
Federal Court or Federal Circuit and Family Court
of Australia (Division 2)—interim non-disclosure
orders............................................................................. 383
xx Migration Act 1958

503D Details of gazetted agency to be treated as
protected information .................................................... 386
503E Validation of decisions .................................................. 386
504 Regulations.................................................................... 387
505 Regulations about visa criteria ...................................... 391
506 Regulations about passenger cards ................................ 391
506A Regulations may provide for infringement notices ........ 392
506B Tax file numbers............................................................ 392
507 Marital or relationship status ......................................... 394
The Schedule—Acts relating to immigration and

deportation repealed 396
Endnotes 397
Endnote 1—About the endnotes 397
Endnote 2—Abbreviation key 399
Endnote 3—Legislation history 400
Endnote 4—Amendment history 436
Endnote 5—Miscellaneous 522
Migration Act 1958 xxi

Arrival, presence and departure of persons Part 2
Recovery of costs from certain persons Division 14
Section 262
Part 2—Arrival, presence and departure of persons

Division 14—Recovery of costs from certain persons
262 Liability to the Commonwealth for the cost of keeping,

maintaining and removing certain persons
(1) A person who:
(a) is, or has been, detained under section 189; and
(b) was on board a vessel (not being an aircraft) when it was
used in connection with the commission of an offence against
this Act or against a prescribed law in force in the
Commonwealth or in a State or Territory, being a law
relating to the control of fishing; and
(ba) is convicted of the offence;
and the master, owner, agent and charterer of the vessel on which
the person travelled to Australia, are, jointly and severally, liable to
pay the Commonwealth:
(c) the amount applicable to the person under subsection (2) for
the cost of keeping and maintaining the person while the
person is in immigration detention; and
(d) the cost of transporting the person, and a person holding the
person, from the vessel to the place of immigration detention;
and
(e) the cost of transporting the person, and a person holding the
person, between places of immigration detention; and
(f) if the person is returned to the vessel or another vessel—the
cost of transporting the person, and a person holding the
person, from the place of immigration detention to the vessel
or that other vessel; and
(g) if the person is, or is to be, removed from Australia at the
expense of the Commonwealth—the cost of that removal
(including the cost of transporting a person holding the
person).
Migration Act 1958 1

Part 2 Arrival, presence and departure of persons
Division 14 Recovery of costs from certain persons
Section 263
(2) The Minister may, by legislative instrument, determine a daily

amount for the keeping and maintaining of a person in immigration
detention at a specified place in a specified period.
(3) An amount determined under subsection (2) is to be no more than
the cost to the Commonwealth of detaining a person at that place in
that period.
(4) To avoid doubt, the liability to pay the Commonwealth an amount
under subsection (1) may be enforced:
(a) at the time the person is convicted of an offence mentioned in
paragraph (1)(b); or
(b) after the person has served the whole or a part of any
sentence imposed upon the person because of his or her
conviction of an offence mentioned in paragraph (1)(b).
263 Secretary or Australian Border Force Commissioner able to

issue notice of debt
If:
(a) a person is liable to pay to the Commonwealth an amount
under section 262; and
(b) the Secretary or Australian Border Force Commissioner
gives written notice to the person giving particulars of the
liability and stating that the Secretary or Australian Border
Force Commissioner requires payment of a specified amount
not exceeding that amount;
the specified amount is a debt recoverable by the Commonwealth
from the person:
(c) in a court of competent jurisdiction; or
(d) by garnishee notice under section 264.
264 Garnishee notice

(1) If an amount (debt) is a debt recoverable from a person (debtor) by
the Commonwealth under section 263 or 265, the Secretary or
Australian Border Force Commissioner may by written notice
given to another person:
2 Migration Act 1958

Section 264
(a) from whom any money is due or accruing, or may become

due, to the debtor; or
(b) who holds, or may later hold, money for or on account of the
debtor; or
(c) who holds, or may later hold, money on account of some
other person for payment to the debtor; or
(d) who has authority from some other person to pay money to
the debtor;
require the person to whom the notice is given to pay to the
Commonwealth:
(e) an amount specified in the notice, not exceeding the debt or
the amount of the relevant money; or
(f) such amount as is specified in the notice out of each payment
that the person becomes liable from time to time to make to
the debtor until that debt is paid.
(2) The time for making a payment in compliance with a notice under
subsection (1) is such time as is specified in it, not being a time
before:
(a) the relevant money becomes due or is held; or
(b) the end of the period of 14 days after the notice is given.
(3) If the debtor is in Australia when the Secretary or Australian
Border Force Commissioner gives the notice, the Secretary or
Australian Border Force Commissioner must give a copy of the
notice to the debtor.
(4) A person who makes a payment to the Commonwealth in
compliance with the notice is taken to have made the payment
under the authority of the person who owes the debt to the
Commonwealth and of any other person concerned.
(5) If, after the notice is given to a person, an amount is paid by
another person in reduction or satisfaction of the debt, the
Secretary or Australian Border Force Commissioner must notify
the person given the notice accordingly, and the amount specified
in the notice is taken to be reduced by the amount paid.

Section 265
(6) If money is not due, or repayable, to a person on demand unless a

condition is fulfilled, the money is taken, for the purposes of this
section, to be due or repayable on demand, even though the
condition has not been fulfilled.
265 Debt from failure to comply with garnishee notice

(1) If a person (garnishee debtor):
(a) is given a notice under section 264 in respect of a debt; and
(b) fails to comply with the notice to the extent that the garnishee
debtor is capable of complying with it;
then the amount of the debt outstanding is recoverable from the
garnishee debtor by the Commonwealth by:
(c) legal proceedings in a court of competent jurisdiction; or
(d) a garnishee notice under section 264.
(2) The reference in subsection (1) to the amount of the debt
outstanding is a reference to whichever is the lesser of:
(a) as much of the amount required by the notice under
section 264 to be paid by the garnishee debtor as the
garnishee debtor was able to pay; or
(b) as much of the debt due at the time when the notice was
given as remains due from time to time.
(3) If the Commonwealth recovers:
(a) the whole or a part of the debt due by the garnishee debtor; or
(b) the whole or a part of the debt due by the debtor (within the
meaning of section 264);
then:
(c) both debts are reduced by the amount that the
Commonwealth has so recovered; and
(d) the amount specified in the notice under section 264 is taken
to be reduced by the amount so recovered.

Section 266
266 Future debts

For the purposes of this Division, an amount is a future debt in
relation to a person if the Secretary or Australian Border Force
Commissioner believes on reasonable grounds that the person will,
under section 262, become liable to pay the amount to the
Commonwealth.
267 Secretary or Australian Border Force Commissioner may freeze

amounts to secure future debts
(1) If there is a future debt in relation to a person (future debtor), the
Secretary or Australian Border Force Commissioner may by
written notice given to another person:
(a) from whom any money is due or accruing, or may become
due, to the future debtor; or
(b) who holds, or may later hold, money for or on account of the
future debtor; or
(c) who holds, or may later hold, money on account of some
other person for payment to the future debtor; or
(d) who has authority from some other person to pay money to
the future debtor;
require the other person to retain for the period, not exceeding 28
days, specified in that notice:
(e) an amount specified in the notice, not exceeding the future
debt or the amount of the relevant money; or
(f) such amount as is specified in the notice out of each payment
that the person becomes liable from time to time to make to
the future debtor until that debt is paid.
(2) If the future debtor is in Australia when the Secretary or Australian
Border Force Commissioner gives the notice, the Secretary or
Australian Border Force Commissioner must give a copy of the
notice to the future debtor.
(3) If, after the notice is given to a person, an amount is paid by
another person in respect of the future debt, the Secretary or
Australian Border Force Commissioner must notify the person

Section 268
given the notice accordingly, and the amount specified in the

notice is taken to be reduced by the amount paid.
(4) If money is not due, or repayable, to a person on demand unless a
condition is fulfilled, the money is taken, for the purposes of this
section, to be due or repayable on demand even though the
condition has not been fulfilled.
268 Application of Division to the Crown

(1) This Division binds the Crown in right of the Commonwealth, of
each of the States, of the Australian Capital Territory and of the
Northern Territory.
(2) For the purposes of this Division, a notice may be given to the
Commonwealth, a State or Territory by giving it to a person
employed by the Commonwealth, State or Territory, respectively,
being a person who, under a law of the Commonwealth, State or
Territory, respectively, has a duty of disbursing public money, and
a notice so given is taken, for the purposes of this section, to have
been given to the Commonwealth, the State or the Territory, as the
case may be.

Monitoring compliance with student visa conditions Division 14A
Section 268AA
Division 14A—Monitoring compliance with student visa

conditions
Subdivision A—Preliminary
268AA Definitions
In this Division:
attendance notice means a notice given under section 268BD.
document includes copy of a document.
education provider means an institution or other body or person in
Australia that provides, has provided or seeks to provide courses of
education or of training to persons who hold student visas.
monitoring warrant means a warrant issued under section 268CE
or 268CZD.
occupier:
(a) in relation to premises comprising a vehicle or vessel—
means the person apparently in charge of the vehicle or
vessel; and
(b) in any case—includes a person who apparently represents the
occupier.
premises means:
(a) an area of land or any other place, whether or not it is
enclosed or built on; or
(b) a building or other structure; or
(c) a vehicle or vessel;
and includes a part of any such premises.
production notice means a notice given under section 268BA.
tribunal member means a member of the Administrative Appeals
Tribunal.

Division 14A Monitoring compliance with student visa conditions
Section 268AB
visa monitoring purpose means a purpose of determining whether

the conditions of a particular student visa or visas, or of student
visas generally, are being or have been complied with.
268AB Division binds the Crown

(1) This Division binds the Crown in each of its capacities.
(2) However, nothing in this Division makes the Crown in any
capacity liable to be prosecuted for an offence.
268AD Powers conferred on magistrates in their personal capacity

(1) A power conferred on a magistrate by section 268BQ, 268CE,
268CU or 268CZD is conferred on the magistrate in a personal
capacity and not as a court or a member of a court.
(2) The magistrate need not accept the power conferred.
(3) A magistrate exercising a power mentioned in subsection (1) has
the same protection and immunity as if he or she were exercising
that power as, or as a member of, the court of which the magistrate
is a member.
Subdivision B—Notices requiring information and documents
268BA Production notices

(1) This section applies if the Secretary or Australian Border Force
Commissioner reasonably believes that an individual specified in
subsection (4) has, or has access to, information or documents that
are relevant to a visa monitoring purpose.
(2) The Secretary or Australian Border Force Commissioner may give
the individual a written notice requiring him or her to:
(a) give any information or documents relevant to the visa
monitoring purpose to an authorised officer; or
(b) show any such documents to an authorised officer; or

Section 268BB
(c) make copies of any such documents and give the copies to an
authorised officer.
Note: The Secretary or Australian Border Force Commissioner may also
give the individual an attendance notice: see section 268BD.
(3) If the information or documents are in a particular form then the

production notice may require the information or documents to be
given in that form.
(4) The individuals who may be given a production notice are:
(a) an officer or employee of an education provider; or
(b) a consultant to an education provider; or
(c) a partner in an education provider; or
(d) an individual trading as an education provider.
(5) A production notice under this section may be given even if any
relevant student visa is no longer in effect or the holder of any such
visa is no longer enrolled in a course provided by the education
provider.
268BB Contents of the production notice

(1) A production notice must:
(a) state that it is given under section 268BA; and
(b) set out the effects of sections 268BH, 268BI and 268BJ; and
(c) state how and by when the information or documents must be
given or shown.
(2) In so far as the notice covers information or documents:
(a) that relate to any extent to the calendar year in which the
notice is given; and
(b) that are required to be given or shown on the premises where
they are currently located;
the time mentioned in paragraph (1)(c) must be at least 24 hours
after the notice is given.

Section 268BC
(3) In so far as the notice covers any other information or documents,

the time mentioned in paragraph (1)(c) must be at least 72 hours
after the notice is given.
268BC Serving production notices

(1) The Secretary or Australian Border Force Commissioner must give
a production notice to an individual:
(a) by delivering it to the individual personally; or
(b) by:
(i) leaving it at the address of the individual’s place of
residence or business last known to the Secretary or
Australian Border Force Commissioner; and
(ii) taking reasonably practicable action to draw the
individual’s attention to the notice; or
(c) by sending it by ordinary or any other class of pre-paid post
to the individual’s place of residence or business last known
to the Secretary or Australian Border Force Commissioner.
(2) However, if the Secretary or Australian Border Force
Commissioner uses the method in paragraph (1)(c), the time
mentioned in paragraph 268BB(1)(c) must be at least 14 days after
the notice is given (instead of at least 24 hours or 72 hours).
Note: Section 29 of the Acts Interpretation Act 1901 sets out when the notice
is taken to have been given if the notice is posted to the individual.
268BD Attendance notices

(1) This section applies if the Secretary or Australian Border Force
Commissioner reasonably believes that an individual specified in
subsection (3) has, or has access to, information or documents that
are relevant to a visa monitoring purpose.
(2) The Secretary or Australian Border Force Commissioner may give
the individual written notice requiring the individual to attend
before an authorised officer and answer questions about the matter.
Note: The Secretary or Australian Border Force Commissioner may also
give the individual a production notice: see section 268BA.

Section 268BE
(3) The individuals who may be given an attendance notice are:

(a) an officer or employee of an education provider; or
(b) a consultant to an education provider; or
(c) a partner in an education provider; or
(d) an individual trading as an education provider.
(4) An attendance notice under this section may be given even if any
provider.
268BE Contents of attendance notice

(1) An attendance notice must:
(a) state that it is given under section 268BD; and
(b) set out the effects of sections 268BH, 268BI and 268BJ; and
(c) state where and when the individual is to attend.
The time mentioned in paragraph (c) must be at least 14 days after
the notice is given.
(2) An attendance notice may be included in the same document as a
production notice, if the notices are being given to the same
individual.
268BF Scales of expenses

The regulations may prescribe scales of expenses to be allowed to
persons required to give information or documents under this
Subdivision.
268BG Reasonable compensation for giving copies

A person is entitled to be paid by the Commonwealth reasonable
compensation for complying with a requirement covered by
paragraph 268BA(2)(c) (copies of documents given under
production notices).

Section 268BH
268BH Offence: failing to comply with a notice

(1) A person who refuses or fails to comply with a production or
attendance notice commits an offence.
Penalty: Imprisonment for 6 months.
(2) However, a person does not commit an offence in relation to a
production notice if the person complied with the notice to the
extent that it was practicable to do so within the period allowed by
the notice.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) An offence against subsection (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.
268BI Offence: giving false or misleading information

A person who gives false or misleading information in the course
of complying or purporting to comply with a production or
attendance notice commits an offence.
268BJ Offence: giving false or misleading document

(1) A person who gives or shows a document that is false or
misleading in a material particular, in the course of complying or
purporting to comply with a production or attendance notice,
commits an offence.
(2) However, the person does not commit the offence if the document
is accompanied by a written statement signed by the person:
(a) stating that the document is, to the person’s knowledge, false
or misleading in the material particular concerned; and
(b) setting out or referring to the material particular.

Section 268BK

268BK Information and documents that incriminate a person

(1) A person is not excused from the requirement to comply with a
production or attendance notice on the ground that doing so might
tend to incriminate the person or expose the person to a penalty.
(2) However, if the person is an individual:
(a) the information, document or answer to the question; or
(b) any other information, document or thing obtained as a direct
or indirect result of complying with a notice;
is not admissible in evidence against the individual in any criminal
proceedings other than proceedings under, or arising out of,
section 268BI or 268BJ.
268BL Copies of documents

An authorised officer, or another officer with an authorised
officer’s permission, may:
(a) inspect a document given or shown to the authorised officer
under this Subdivision; and
(b) make and retain copies of, or take and retain extracts from,
such a document; and
(c) retain a copy of a document given to the authorised officer in
accordance with a requirement covered by
paragraph 268BA(2)(c) (copies of documents given under
production notices).
268BM Officer may retain documents

(1) An authorised officer, or another officer with an authorised
officer’s permission, may retain a document given to the authorised
officer under this Subdivision:
(a) for the purposes of this Act; or
(b) for the purposes of an investigation as to whether an offence
has been committed; or

Section 268BN
(c) to enable evidence of an offence to be secured for the

purposes of a prosecution.
(2) However, the document must not be retained for longer than 60
days after the authorised officer was given the document.
Note: The authorised officer may apply to retain the document for a further
period: see section 268BP.
268BN Owner of document must be given copy

(1) If an officer retains a document under section 268BM, then the
Secretary or Australian Border Force Commissioner must as soon
as practicable:
(a) certify a copy of the document to be a true copy; and
(b) give the copy to the person (the owner) otherwise entitled to
possession of the document.
(2) The certified copy must be received in all courts and tribunals as
evidence as if it had been the original.
(3) Until the certified copy is given, the owner, or a person authorised
by the owner, may inspect and make copies of, or take and retain
extracts from, the original document at the times and places that
the Secretary or Australian Border Force Commissioner thinks
appropriate.
268BO Retaining documents

(1) This section applies 60 days after a document is given to an
authorised officer under this Subdivision.
(2) The authorised officer must take reasonable steps to return the
document to the person who gave the officer the document or to
the owner if that person is not entitled to possess it.
(3) However, the authorised officer does not have to take those steps
if:
(a) the authorised officer may retain the document because of an
order under section 268BQ; or

Section 268BP
(b) the authorised officer is otherwise authorised (by a law, or an

order of a court, of the Commonwealth or a State) to retain,
destroy or dispose of the document.
268BP Officer may apply to magistrate or tribunal member for a

further period
(1) An authorised officer given a document under this Subdivision, or
another officer who is currently retaining such a document, may
apply to a magistrate or tribunal member for an order that the
officer may retain the document for a further period.
(2) The application must be made before the end of:
(a) 60 days after the document was given to the authorised
officer; or
(b) a period previously specified in an order of a magistrate or
tribunal member under section 268BQ.
(3) Before making the application, the officer must:
(a) take reasonable steps to discover which persons’ interests
would be affected by the retention of the document; and
(b) if it is practicable to do so, notify each person who the officer
believes to be such a person of the proposed application.
268BQ Magistrate or tribunal member may order retention for

further period
(1) The magistrate or tribunal member may order that the officer who
made the application under section 268BP may retain the
document if the magistrate or tribunal member is satisfied that it is
necessary for the officer to retain it:
(a) for the purposes of this Act; or
(b) for the purposes of an investigation as to whether an offence
(c) to enable evidence of an offence to be secured for the

Section 268CA
(2) The order must specify the period for which the officer may retain
the document.
Subdivision C—Searching education providers’ premises
268CA Authorised officer may enter premises for a visa monitoring

purpose
(1) An authorised officer may for a visa monitoring purpose:
(a) enter any premises:
(i) occupied by an education provider for the purposes of
providing courses of education or of training; or
(ii) at which it is reasonable to believe there might be a
thing belonging to or possessed by an education
provider, or an activity conducted by or with the consent
of the provider, that is relevant to a visa monitoring
purpose (whether or not those premises are occupied by
the provider); and
(b) exercise the monitoring powers set out in section 268CI.
(2) An authorised officer is not authorised to enter premises under
subsection (1) unless:
(a) the occupier of the premises has consented to the entry and
the officer has shown his or her identity card if requested by
the occupier; or
Note: Section 268CC sets out the requirements for obtaining the
occupier’s consent.
(b) the entry is made under a monitoring warrant.
Note: Monitoring warrants are issued under section 268CE or 268CZD.
(3) The powers in this Subdivision may be exercised even if any

provider.

Section 268CB
268CB Being on premises with consent

(1) An authorised officer may enter premises under section 268CA
with the consent of the occupier of the premises at any reasonable
time of the day or night.
(2) However, the authorised officer must leave the premises if the
occupier asks the officer to do so.
268CC Consent
(1) Before obtaining the consent of a person for the purposes of
paragraph 268CA(2)(a), the authorised officer must inform the
person that he or she may refuse consent.
(2) An entry of an authorised officer with the consent of a person is
not lawful unless the person voluntarily consents to the entry.
268CD Authorised officer may apply for monitoring warrant

(1) An authorised officer may apply to a magistrate or tribunal
member for a monitoring warrant in relation to premises mentioned
in subsection 268CA(1).
Note: Monitoring warrants may also be obtained by telephone, fax or other
electronic means in urgent circumstances: see section 268CZD.
(2) The officer must give the magistrate or tribunal member an

information on oath or affirmation that sets out the grounds for
seeking the warrant.
268CE Magistrate or tribunal member may issue monitoring

warrant
The magistrate or tribunal member may issue a monitoring warrant
if he or she is satisfied that it is reasonably necessary that one or
more authorised officers have access to the premises mentioned in
subsection 268CA(1) for a visa monitoring purpose.

Section 268CF
268CF Magistrate or tribunal member may require more

information
(1) The magistrate or tribunal member may require an authorised
officer or other person to give the magistrate or tribunal member
further information on oath or affirmation concerning the grounds
on which the monitoring warrant is being sought before issuing it.
(2) The information may be given either orally or by affidavit.
(3) The magistrate or tribunal member must not issue the warrant until
the officer or other person has given the required information.
268CG Contents of monitoring warrant

(1) A monitoring warrant must:
(a) authorise one or more authorised officers:
(i) to enter the premises; and
(ii) to exercise the powers under section 268CI in relation to
the premises; and
(b) state whether the entry is authorised at any time of the day or
night or during specified hours of the day or night; and
(c) state the day and time at which it ceases to have effect (which
must be no later than 7 days after it is issued); and
(d) state the purpose for which the warrant is issued; and
(e) state that the warrant is issued under section 268CE.
(2) The authorised officers do not have to be named in the warrant.
268CH Use of reasonable force and assistance

An authorised officer may use such assistance and force as is
necessary and reasonable in entering the premises under a
monitoring warrant and exercising the powers under section 268CI.

Section 268CI
268CI Monitoring powers of authorised officers

(1) For the purposes of this Subdivision, the following are the
monitoring powers that an authorised officer may exercise in
relation to premises under section 268CA:
(a) to search the premises, and any receptacle on the premises,
for any thing on the premises belonging to or possessed by
the education provider that might be relevant to a visa
monitoring purpose;
(b) to examine any such thing;
(c) to examine any activity that is conducted on the premises by,
or with the consent of, the education provider that might be
relevant to a visa monitoring purpose;
(d) to take photographs or make video or audio recordings or
sketches on the premises of any such activity or thing;
(e) to inspect any document on the premises belonging to or
possessed by the education provider that might be relevant to
a visa monitoring purpose;
(f) to take extracts from or make copies of any such document;
(g) to take onto the premises any equipment and materials that
the authorised officer requires for the purpose of exercising
powers in relation to the premises;
(h) the powers in subsections (2), (3) and (5).
(2) For the purposes of this Subdivision, the monitoring powers
include the power to operate equipment that is on the premises to
see whether:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it;
contains information belonging to the education provider that is
relevant to a visa monitoring purpose.
(3) For the purposes of this Division, the monitoring powers include
the following powers in relation to information described in

Section 268CJ
subsection (2) that is found in the exercise of the power under that
subsection:
(a) to operate facilities that are on the premises to put the
information in documentary form and remove the documents
so produced;
(b) to operate such facilities to transfer the information to a disk,
tape or other storage device that:
(i) is brought to the premises for the exercise of the power;
or
(ii) is on the premises and the use of which for that purpose
has been agreed to in writing by the education provider
or occupier (as appropriate);
(c) to remove from the premises a disk, tape or other storage
device to which the information has been transferred in
exercise of the power under paragraph (b).
(4) The powers mentioned in subsections (2) and (3) must be exercised
in accordance with sections 268CO, 268CP and 268CQ.
(5) If an authorised officer, during a search of premises, reasonably
believes that there is on the premises a thing that might afford
evidence of the commission of an offence against this Act or the
regulations, the Crimes Act 1914 or the Criminal Code, the
monitoring powers include securing the thing pending the
obtaining of a warrant to seize it.
268CJ Authorised officer on premises with consent may ask

questions
An authorised officer who is only authorised to enter premises
because the occupier of the premises consented to the entry may:
(a) ask the occupier to:
(i) answer any questions that are relevant to a visa
monitoring purpose; and
(ii) give or show the officer any document requested by the
officer that is relevant to the matter; or

Section 268CK
(b) ask any person on the premises to answer any questions that
may facilitate the exercise of monitoring powers in relation
to the premises.
Note: A person could commit an offence if, under this section, the person
gives false or misleading information or shows a document that is
false or misleading in a material particular: see sections 268CM and
268CN.
268CK Authorised officer on premises under warrant may ask

questions
An authorised officer who is authorised to enter premises by a
monitoring warrant may:
(a) require the occupier of the premises to:
(i) answer any questions that are relevant to a visa
monitoring purpose; and
(ii) give or show the officer any document requested by the
officer that is relevant to a visa monitoring purpose; or
(b) require any person on the premises to answer any questions
that may facilitate the exercise of monitoring powers in
relation to the premises.
Note 1: A person could commit an offence if the person fails to comply with a
requirement under this section: see section 268CL.
Note 2: A person could commit an offence if, under this section, the person
gives false or misleading information or shows a document that is
false or misleading in a material particular: see sections 268CM and
268CN.
268CL Offence: failure to answer question

(1) A person commits an offence if the person refuses or fails to
comply with a requirement under section 268CK (officer on
premises under warrant may ask questions).

Section 268CM
(2) However, a person does not commit an offence if answering the

question or giving or showing the document might tend to
incriminate the person or expose the person to a penalty.

268CM Offence: giving false or misleading information

A person who gives false or misleading information in the course
of complying or purporting to comply with a request under
section 268CJ or a requirement under section 268CK commits an
offence.
268CN Offence: giving or showing documents that are false or

misleading in material particulars
(1) A person who gives or shows a document that is false or
misleading in a material particular, in the course of complying or
purporting to comply with a request under section 268CJ or a
requirement under section 268CK, commits an offence.
(2) However, the person does not commit an offence if the document
is accompanied by a written statement signed by the person:
(a) stating that the document is, to the person’s knowledge, false
or misleading in the material particular concerned; and
(b) setting out or referring to the material particular.

Section 268CO
268CO Use of electronic equipment in exercising monitoring powers

In order to exercise monitoring powers, an authorised officer or a
person assisting may operate electronic equipment on the premises
if he or she reasonably believes that this can be done without
damaging the equipment or data recorded on the equipment.
Note: Compensation may be payable in certain circumstances if the
equipment or data is damaged: see section 268CY.
268CP Use of electronic equipment by experts

(1) This section applies if the authorised officer or a person assisting
reasonably believes that:
(a) there is on the premises information belonging to the
education provider concerned:
(i) that is relevant to a visa monitoring purpose; and
(ii) that might be accessible by operating electronic
equipment that is on the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under subsection (2), the
information might be destroyed, altered or otherwise
interfered with.
(2) The authorised officer or person assisting may do whatever is
necessary to secure the equipment.
(3) Before doing so, the authorised officer or person assisting must
give notice to the occupier of the premises of:
(a) his or her intention to secure equipment; and
(b) the fact that the equipment may be secured for up to 24
hours.
(4) The equipment may only be secured until the earlier of:
(a) 24 hours later; or
(b) the equipment being operated by the expert.

Section 268CQ
268CQ Extension of period

(1) If an authorised officer or a person assisting reasonably believes
that the expert assistance will not be available within 24 hours, he
or she may apply to a magistrate or tribunal member for an
extension of the period.
(2) The authorised officer or a person assisting must give notice to the
occupier of the premises of his or her intention to apply for an
extension. The occupier is entitled to be heard in relation to that
application.
(3) The provisions of this Subdivision relating to the issue of
monitoring warrants apply, with such modifications as are
necessary, to the issue of an extension.
268CR Powers without warrant in emergency situations

(1) This section applies when an authorised officer is on premises
under section 268CA if the officer reasonably suspects that:
(a) a thing relevant to an offence against this Act or the
regulations, the Crimes Act 1914 or the Criminal Code is on
the premises; and
(b) it is necessary to exercise a power under subsection (2) in
order to prevent the thing from being concealed, lost or
destroyed; and
(c) it is necessary to exercise the power without the authority of
a monitoring warrant because the circumstances are so
serious and urgent.
(2) The authorised officer may:
(a) search the premises, and any receptacle on the premises, for
the thing; and
(b) seize the thing if he or she finds it there; and
(c) exercise the powers mentioned in subsections 268CI(2) and
(3) in relation to the thing.

Section 268CS
268CS Retaining seized things

(1) This section applies to an authorised officer when one of the
following happens in respect of a thing seized under
section 268CR:
(a) the reason for the thing’s seizure no longer exists or it is
decided that the thing is not to be used in evidence; or
(b) the period of 60 days after the thing’s seizure ends.
(2) The authorised officer must take reasonable steps to return the
thing to the person from whom it was seized or to the owner if that
person is not entitled to possess it.
(3) However, the authorised officer does not have to take those steps
if:
(a) in a paragraph (1)(b) case:
(i) proceedings in respect of which the thing might afford
evidence have been instituted before the end of the 60
days and have not been completed (including an appeal
to a court in relation to those proceedings); or
(ii) the authorised officer may retain the thing because of an
order under section 268CU; or
(b) in any case—the authorised officer is otherwise authorised
(by a law, or an order of a court or a tribunal, of the
Commonwealth or a State) to retain, destroy or dispose of the
thing; or
(c) the thing is forfeited or forfeitable to the Commonwealth or
is the subject of a dispute as to ownership.
268CT Authorised officer may apply for a thing to be retained for a

further period
(1) This section applies if an authorised officer has seized a thing
under section 268CR and proceedings in respect of which the thing
might afford evidence have not commenced before the end of:
(a) 60 days after the seizure; or

Section 268CU
(b) a period previously specified in an order of a magistrate or

tribunal member under section 268CU.
(2) The authorised officer may apply to a magistrate or tribunal
member for an order that the officer may retain the thing for a
further period.
(3) Before making the application, the authorised officer must:
(a) take reasonable steps to discover which persons’ interests
would be affected by the retention of the thing; and
(b) if it is practicable to do so, notify each person who the officer
believes to be such a person of the proposed application.
268CU Magistrate or tribunal member may order that thing be

retained
(1) The magistrate or tribunal member may order that the authorised
officer who made an application under section 268CT may retain
the thing if the magistrate or tribunal member is satisfied that it is
necessary for the officer to do so:
(a) for the purposes of an investigation as to whether an offence
(b) to enable evidence of an offence to be secured for the
(2) The order must specify the period for which the officer may retain
the thing.
268CV Occupier to provide authorised officer with all facilities and

assistance
(1) The occupier of the premises to which a monitoring warrant relates
must provide the authorised officer executing the warrant and any
person assisting that officer with all reasonable facilities and
assistance for the effective exercise of their powers.
(2) A person commits an offence if the person contravenes
subsection (1).

Section 268CW
Penalty for contravention of this subsection: 10 penalty units.
268CW Announcement before entry

An authorised officer executing a monitoring warrant must, before
entering premises under the warrant:
(a) announce that he or she is authorised to enter the premises;
and
(b) give a person on the premises (if there is one) an opportunity
to allow entry to the premises.
268CX Copy of monitoring warrant to be given to occupier before

entry
(1) If a monitoring warrant is being executed on premises and the
occupier of the premises is present, the authorised officer must
make a copy of the warrant available to the occupier.
(2) The authorised officer must identify himself or herself to that
person.
268CY Compensation for damage to electronic equipment or data

(1) This section applies if:
(a) damage is caused to equipment as a result of it being
operated as mentioned in section 268CO; or
(b) the data recorded on the equipment is damaged or programs
associated with its use are damaged or corrupted;
because:
(c) insufficient care was exercised in selecting the person who
was to operate the equipment; or
(d) insufficient care was exercised by the person operating the
equipment.
(2) The Commonwealth must pay the owner of the equipment, or the
user of the data or programs, such reasonable compensation for the
damage or corruption as they agree on.

Section 268CZ
(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in the Federal
Court for such reasonable amount of compensation as the Court
determines.
(4) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the premises and his or her
employees and agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the
equipment.
(5) Compensation is payable out of money appropriated by the
Parliament.
(6) For the purposes of subsection (1), damage to data includes
damage by erasure of data or addition of other data.
268CZ Occupier entitled to be present during execution of

monitoring warrant
(1) If a monitoring warrant is being executed at premises and the
occupier of the premises is present, the occupier is entitled to
observe the execution of the warrant.
(2) The right to observe the execution of the warrant ceases if the
occupier impedes that execution.
(3) This section does not prevent the execution of the warrant in 2 or
more areas of the premises at the same time.
268CZA Identity cards

(1) For the purposes of this Subdivision, an authorised officer’s
identity card must be in a form approved by the Secretary or
Australian Border Force Commissioner. It must contain a recent
photograph of the authorised officer.
(2) A person commits an offence if:
(a) the person holds or held an identity card for the purposes of
this Subdivision; and

Section 268CZB
(b) the person ceases to be an authorised officer for all purposes

under this Act; and
(c) the person does not, as soon as is practicable after so ceasing,
return the identity card to the Secretary or Australian Border
Force Commissioner.
Penalty: 1 penalty unit.
(3) This offence is one of strict liability.
(4) However, the person does not commit the offence if the identity
card was lost or destroyed.
(5) An authorised officer must carry an identity card at all times when
exercising powers under this Subdivision.
268CZB Authorised officer must produce identity card on request

An authorised officer is not entitled to exercise any powers under
this Subdivision in relation to premises if:
(a) the occupier of the premises requests the authorised officer to
show his or her identity card to the occupier; and
(b) the authorised officer fails to comply with the request.
268CZC Officer may apply for warrants by telephone etc.

(1) An authorised officer may apply to a magistrate or tribunal
member for a warrant under section 268CE by telephone, fax or
other electronic means if the officer thinks it necessary to do so
because of urgent circumstances.
(2) The magistrate or tribunal member may require communication by
voice to the extent that it is practicable in the circumstances.
(3) Before making the application, the authorised officer must prepare
an information that sets out the grounds for seeking the warrant.

Section 268CZD
(4) However, the officer may make the application before the
information has been sworn or affirmed, if necessary.
268CZD Magistrate or tribunal member may grant warrant by

telephone etc.
(1) Before issuing the warrant the magistrate or tribunal member must:
(a) consider the information prepared under
subsection 268CZC(3); and
(b) receive any further information that the magistrate or tribunal
member may require about the grounds on which the warrant
is being sought.
(2) The magistrate or tribunal member may issue the warrant if the
magistrate or tribunal member is satisfied:
(a) that it is reasonably necessary that one or more authorised
officers have access to the premises for a visa monitoring
purpose; and
(b) that there are reasonable grounds for issuing the warrant by
telephone, fax or other electronic means.
268CZE Procedure for issuing warrant by telephone etc.

(1) If the magistrate or tribunal member issues a monitoring warrant
under section 268CZD, the magistrate or tribunal member must
complete and sign a warrant that is the same as the monitoring
warrant that the magistrate or tribunal member would have issued
if the application had been made under section 268CD.
(2) The magistrate or tribunal member must also:
(a) inform the authorised officer of:
(i) the terms of the warrant; and
(ii) the day and time when it was signed; and
(iii) the time at which it ceases to have effect (which must be
no later than 48 hours after it is signed); and
(b) record on the warrant the reasons for issuing it.
(3) The authorised officer must:

Section 268CZF
(a) complete a form of warrant in the terms given to the

authorised officer by the magistrate or tribunal member; and
(b) write on it the magistrate’s or tribunal member’s name and
the day and time when the warrant was signed.
268CZF Procedure after telephone warrant ceases or is executed

(1) An authorised officer who completes a form of warrant under
section 268CZE must send the magistrate or tribunal member who
signed the monitoring warrant:
(a) the form of warrant completed by the authorised officer; and
(b) the information duly sworn or affirmed in connection with
the warrant.
(2) The form of warrant and information must be sent by the end of the
day after the earlier of:
(a) the day on which the warrant ceases to have effect; or
(b) the day on which the warrant is executed.
(3) The magistrate or tribunal member must:
(a) attach the monitoring warrant signed by the magistrate or
tribunal member under section 268CZE to the form of
warrant and information; and
(b) deal with the documents in the same way that the magistrate
or tribunal member would have dealt with them if the
application for the warrant had been made under
section 268CD.
268CZG Form of warrant authorises exercise of power

The form of warrant completed under section 268CZE is authority
for any exercise of a power that the monitoring warrant issued
under section 268CZD is authority for, if the form of warrant is in
accordance with the terms of the monitoring warrant.

Section 268CZH
268CZH Court to assume that exercise of power not authorised by

telephone etc. warrant
A court must assume (unless the contrary is proved) that an
exercise of power was not authorised by a monitoring warrant if
the monitoring warrant signed by the magistrate or tribunal
member under section 268CZE is not produced in evidence.

General Division 15
Section 269
Division 15—General
269 Securities
(1) An authorized officer may, subject to subsection (1A), require and
take security for compliance with the provisions of this Act or the
regulations or with any condition imposed in pursuance of, or for
the purposes of, this Act or the regulations:
(a) by a deposit of cash, Treasury Bonds or negotiable
instruments, together with a memorandum of deposit in a
form approved by the Minister; or
(b) in accordance with a form of security approved by the
Minister.
(1A) The power of an authorized officer to require and take security
under subsection (1) in relation to an application for a visa applies
only if:
(a) the security is for compliance with conditions that will be
imposed on the visa in pursuance of, or for the purposes of,
this Act or the regulations, if the visa is granted; and
(b) the officer has indicated those conditions to the applicant.
(2) A security given in accordance with a form approved by the
Minister shall, without sealing, bind its subscribers as if it were
sealed and, unless otherwise provided in the security, jointly and
severally and for the full amount.
(3) Whenever a security under this Act is put in suit, the production of
the security without further proof shall entitle the Commonwealth
to judgment for their stated liabilities against the persons appearing
to have executed the security unless the defendants prove
compliance with the conditions of the security or that the security
was not executed by them or release or satisfaction.
(4) If it appears to the court that a non-compliance with a condition of
a security under this Act has occurred, the security shall not be
deemed to have been discharged or invalidated, and the subscribers

Division 15 General
Section 270
shall not be deemed to have been released or discharged from

liability, by reason of:
(a) an extension of time or other concession;
(b) any consent to, or acquiescence in, a previous
non-compliance with a condition; or
(c) any failure to bring suit against the subscribers upon the
occurrence of a previous non-compliance with the condition.
270 Reports of absences of crews of vessels

(1) Where, at or after the departure from a port in Australia of a vessel
that has entered Australia from overseas, the master, owner,
charterer or agent of the vessel reports in writing to an officer that
a specified person was a member of the crew of the vessel on board
the vessel at the time of its arrival at that port and is or was absent
from the vessel at the time of its departure from that port, and
states in the report whether that member left the vessel at that port
with leave or without leave, that report is, for the purposes of
proceedings under or in relation to this Act, prima facie evidence
of the matters contained in the report and:
(a) if the report states that the member left the vessel with
leave—that the member entered Australia, with leave, from
the vessel during the vessel’s stay at that port and remained
in Australia after the vessel left that port; or
(b) if the report states that the member left the vessel without
leave—that the member entered Australia, without leave,
from the vessel during the vessel’s stay at that port.
(2) Where, during the stay at a port in Australia of a vessel that has
entered Australia from overseas, the master of the vessel reports in
writing to an officer that a specified person was included in the
complement of the vessel, or a member of the crew of the vessel,
on board the vessel at the time of its arrival at that port and:
(a) at any time during the vessel’s stay at that port, left the vessel
without leave; or
(b) at any time during the vessel’s stay at that port, left the vessel
with leave, but has become absent without leave;

General Division 15
Section 271
the report is, for the purposes of proceedings under or in relation to

this Act, prima facie evidence of the matters contained in the
report.
271 Proof of certain matters

(1) In migration proceedings:
(a) official documents of the Commonwealth or of a State or
Territory, and letters and telegrams, or copies of letters and
telegrams, and affidavits produced out of official custody and
purporting to have been sent or made by an officer, are, if
they contain information or statements upon matters relevant
to the proceedings, admissible as evidence of that
information or of the matters stated; and
(b) a certificate signed by an officer stating that:
(i) at a time, or during a period, specified in the certificate
a specified person was, or was not, the holder of, a visa
that was in effect; or
(ii) a specified visa was granted subject to specified
conditions or to a specified limitation as to period;
is prima facie evidence of the matters stated in the certificate;
and
(c) the production out of official custody of a document
purporting to be a report made by the master, owner,
charterer or agent of a vessel to an officer as to a matter
relevant to the operation of this Act is prima facie evidence
that the document is such a report; and
(d) a list of passengers in a vessel, or a passenger card relating to
a passenger in a vessel, furnished in accordance with the
regulations, is prima facie evidence that the person named on
the list or card as the operator of the vessel is the operator of
the vessel; and
(e) a notation in a person’s passport specifying a proclaimed
airport and date (being a notation made by an authorised
officer in a form approved by the Minister) is prima facie
evidence that the person was immigration cleared on that
date; and

Division 15 General
Section 271
(f) a notation in a person’s passport to the effect that the person

departed on a specified pre-cleared flight from a specified
foreign country on a specified date (being a notation made by
an authorised officer in a form approved by the Minister) is
prima facie evidence that the person entered Australia on that
pre-cleared flight; and
(g) for the purpose of proving that a person entered Australia on,
or left Australia in, an aircraft (whether or not the person
travelled to Australia on a pre-cleared flight), a certified
printout of the relevant movement records is prima facie
evidence of the matters contained in the printout; and
(h) for the purpose of proving that a person entered Australia on,
or left Australia on, a vessel, a list of any passengers on that
vessel, or a passenger card relating to a passenger on that
vessel, furnished in accordance with the regulations is
admissible in evidence, and production of such a list or
passenger card bearing a name that is the same as the name
of that person shall be deemed to be proof that that person
entered Australia on, or left Australia on, that vessel on the
voyage in respect of which the list or passenger card was
furnished, unless the contrary is proved; and
(i) for the purpose of proving that a person has, in a place
outside Australia, been convicted of a particular crime
(including an attempt to commit a crime) and has been
sentenced to a particular sentence in respect of the
conviction, fingerprint records, photographs and documents
or copies thereof, and certificates in relation to any
fingerprint records, photographs or documents or copies
thereof, are admissible in the evidence if they:
(i) are produced out of the custody of a police or prison
officer of the Commonwealth or of a State or Territory;
and
(ii) purport to be certified or given under the hand of a
police or prison officer, or like authority, of a place
outside Australia;
and any such certificate is prima facie evidence of the matters
stated in the certificate; and

General Division 15
Section 271
(j) evidence that a person who travelled to and entered Australia

on board a vessel, when entering, either:
(i) failed to produce to an officer, upon demand by that
officer, a passport; or
(ii) produced to an officer a passport that was not an
Australian passport;
is prima facie evidence that the person was, when entering, a
non-citizen; and
(k) evidence that a non-citizen who entered Australia on board a
vessel failed, when entering, to produce to an officer, upon
demand by that officer, evidence of a visa:
(i) that is in effect; and
(ii) that permits the non-citizen to travel to and enter
Australia;
is prima facie evidence that the non-citizen did not, when
entering, hold such a visa; and
(l) a certificate signed by an officer stating whether or not a
specified computer program was functioning correctly:
(i) at a specified time or during a specified period; and
(ii) in relation to specified outcomes from the operation of
that program under an arrangement made under
subsection 495A(1);
is prima facie evidence of the matters stated in the certificate;
and
(m) a certificate signed by an officer stating:
(i) whether or not a specified person used a specified
computer system at a specified time, or during a
specified period, to obtain information about another
specified person; and
(ii) if the specified computer system was so used—the
information about the other specified person that was
provided by the system to the user at that time or during
that period;
is prima facie evidence of the matters stated in the certificate.
Note: Functioning correctly is defined in subsection (5).

Division 15 General
Section 272
(2) In subsection (1), the reference to official documents of a Territory

shall be read, in the case of the Territory of Christmas Island, as
including official documents of that Territory that were in
existence at the commencement of this subsection.
(3) In subsection (1), the reference to official documents of a Territory
shall be read, in the case of the Coral Sea Islands Territory or the
Territory of Cocos (Keeling) Islands, as including official
documents of that Territory that were in existence at the
commencement of this subsection.
(4) In this section:
migration proceedings means:
(a) proceedings in a court (including criminal proceedings):
(i) under this Act, or in relation to an offence against this
Act or a contravention of a civil penalty provision; or
(ii) in relation to a deportation order; or
(b) proceedings in the Tribunal for the review of a decision
under this Act, including a decision to make a deportation
order; or
(c) proceedings in the Immigration Assessment Authority for the
review of a fast-track reviewable decision.
Note: For offence against this Act, see subsection 5(1).
(5) For the purposes of paragraph 271(1)(l), a computer program is

functioning correctly if:
(a) outcomes from its operation comply with this Act and the
regulations; and
(b) those outcomes would be valid if they were made by the
Minister otherwise than by the operation of the computer
program.
272 Migrant centres

(1) The Minister may, on behalf of the Commonwealth, cause to be
established and maintained premises and places (in this section

General Division 15
Section 273
referred to as migrant centres) for the reception, accommodation

or training of non-citizens.
(2) Non-citizens may be admitted to migrant centres in such
circumstances, on such terms and conditions, and subject to the
payment of such charges, as the Minister approves.
(3) The regulations may make provision for and in relation to the
regulation of migrant centres, including provision with respect to
the establishment and operation of canteen services in migrant
centres, the conduct or control of persons in migrant centres and
the removal of persons from migrant centres.
(4) Nothing in this section shall be deemed to affect any arrangements
made or to be made in relation to, or the carrying on of the
business of, the company known as Commonwealth Hostels
Limited.
273 Detention centres

(1) The Minister may, on behalf of the Commonwealth, cause
detention centres to be established and maintained.
(2) The regulations may make provision in relation to the operation
and regulation of detention centres.
(3) Without limiting the generality of subsection (2), regulations under
that subsection may deal with the following matters:
(a) the conduct and supervision of detainees;
(b) the powers of persons performing functions in connection
with the supervision of detainees.
detention centre means a centre for the detention of persons whose
detention is authorised under this Act.

Division 15 General
Section 274
274 Secretary or Australian Border Force Commissioner may issue

documents containing information concerning certain
persons
(1) This section applies to a person who:
(a) is a deportee who has not yet been deported; or
(b) is a removee who has not yet been removed; or
(c) has been refused immigration clearance and has not
subsequently been immigration cleared.
(2) Where the Secretary or Australian Border Force Commissioner
thinks that the issue to a person of a document under subsection (3)
relating to another person, being a person to whom this section
applies, would facilitate the making of arrangements for the
transportation, by aircraft, of the other person from Australia, the
Secretary or Australian Border Force Commissioner may give the
first-mentioned person a document under subsection (3) relating to
the other person.
(3) A document for the purposes of subsection (2):
(a) must be in the approved form; and
(b) must contain a photograph of the person concerned (if
available); and
(c) must state, to the best of the Secretary’s or Australian Border
Force Commissioner’s knowledge, the name and nationality
of the person concerned; and
(d) may include such other information as the Secretary or
Australian Border Force Commissioner thinks appropriate.

Migration agents and immigration assistance Part 3
Preliminary Division 1
Section 275
Part 3—Migration agents and immigration

assistance
Division 1—Preliminary
275 Interpretation
In this Part, unless the contrary intention appears:
Australian legal practitioner means a lawyer who holds a
practising certificate (whether restricted or unrestricted) granted
under a law of a State or Territory.
Note: For the meaning of lawyer, see subsection 5(1).
cancellation review applicant means an applicant for:

(a) review of a decision to cancel a visa held by the applicant; or
(b) revocation under section 137L of the cancellation of a visa
held by the applicant; or
(c) review of a decision under that section not to revoke such a
cancellation.
cancellation review application, in relation to a cancellation
review applicant, means the application by the applicant.
client: see section 306C.
eligible: see section 278A.
eligible period: see section 278A.
immigration assistance: see section 276.
inactive migration agent: see section 306B.
legal practice means the provision of legal services regulated by a
law of a State or Territory.

Part 3 Migration agents and immigration assistance
Division 1 Preliminary
Section 275
Migration Agents Registration Authority means the body

mentioned in section 315.
Note: If a power or function is expressed to be given to the Migration
Agents Registration Authority, it may only be exercised by the
Minister, or by a delegate of the Minister under section 320 (see
subsection 315(2)).
migration procedure means the law, and administrative practice,

relating to immigration.
official means:
(a) a person appointed or engaged under the Public Service Act
1999; or
(c) a member of the public service of a State or Territory; or
(d) a member of the staff of a Parliamentarian.
parliamentarian means:
(a) a Senator; or
(b) a Member of the House of Representatives; or
(c) a member of the Parliament of a State; or
(d) a member of the Legislative Assembly of a Territory.
Register means the Register of Migration Agents kept under
section 287.
registered migration agent means an individual registered as a
migration agent under Division 3.
registration application means an application to be registered as a
migration agent.
registration application fee means charge imposed by section 4 of
the Migration Agents Registration Application Charge Act 1997 on
a registration application.
registration status charge means charge imposed by section 10 of
the Migration Agents Registration Application Charge Act 1997.
related by employment: see section 278.

Section 276
restricted: a practising certificate held by an Australian legal

practitioner is restricted if:
(a) it is subject to a condition requiring the practitioner to
undertake supervised legal practice for a specified period;
and
(b) such a condition was not imposed as a disciplinary measure
by an authority responsible for disciplining Australian legal
practitioners in a State or Territory.
Note: A practising certificate subject to a supervision condition of the kind
mentioned in paragraph (a) is, however, taken to be unrestricted if the
condition was imposed as a disciplinary measure as mentioned in
paragraph (b) (see the definition of unrestricted in this section).
restricted legal practitioner means an Australian legal practitioner

whose practising certificate is restricted (within the meaning of this
Part).
review authority means:
(a) the Tribunal in reviewing a Part 5-reviewable decision; or
(b) the Tribunal in reviewing a Part 7-reviewable decision; or
(c) the Immigration Assessment Authority.
unrestricted: a practising certificate held by an Australian legal
practitioner is unrestricted if it is not restricted (within the
meaning of this Part).
unrestricted legal practitioner means an Australian legal
practitioner whose practising certificate is unrestricted (within the
meaning of this Part).
276 Immigration assistance

(1) For the purposes of this Part, a person gives immigration
assistance if the person uses, or purports to use, knowledge of, or
experience in, migration procedure to assist a visa applicant or
cancellation review applicant by:
(a) preparing, or helping to prepare, the visa application or
cancellation review application; or

Section 276
(b) advising the visa applicant or cancellation review applicant

about the visa application or cancellation review application;
or
(c) preparing for proceedings before a court or review authority
in relation to the visa application or cancellation review
application; or
(d) representing the visa applicant or cancellation review
applicant in proceedings before a court or review authority in
relation to the visa application or cancellation review
application.
(2) For the purposes of this Part, a person also gives immigration
experience in, migration procedure to assist another person by:
(a) preparing, or helping to prepare, a document indicating that
the other person nominates or sponsors a visa applicant for
the purposes of the regulations; or
(b) advising the other person about nominating or sponsoring a
visa applicant for the purposes of the regulations; or
(c) representing the other person in proceedings before a court or
review authority that relate to the visa for which the other
person was nominating or sponsoring a visa applicant (or
seeking to nominate or sponsor a visa applicant) for the
purposes of the regulations.
(2A) For the purposes of this Part, a person also gives immigration
(a) preparing, or helping to prepare, a request to the Minister to
exercise his or her power under section 351, 417 or 501J in
respect of a decision (whether or not the decision relates to
the other person); or
(aa) preparing, or helping to prepare, a request to the Minister to
exercise a power under section 195A, 197AB or 197AD
(whether or not the exercise of the power would relate to the
other person); or

Section 278
(b) advising the other person about making a request referred to

in paragraph (a) or (aa).
(2B) For the purposes of this Part, a person also gives immigration
(a) preparing, or helping to prepare, a representation to the
Minister to exercise the Minister’s power:
(i) under subsection 501C(4) to revoke a decision to refuse
to grant, or to cancel, a visa (whether or not the decision
relates to the other person); or
(ii) under subsection 501CA(4) to revoke a decision to
cancel a visa (whether or not the decision relates to the
other person); or
(b) advising the other person about making a representation
mentioned in paragraph (a).
Note: Sections 501C and 501CA provide for the revocation of decisions to
refuse or cancel visas on character grounds.
(3) Despite subsections (1), (2), (2A) and (2B), a person does not give
immigration assistance if he or she merely:
(a) does clerical work to prepare (or help prepare) an application
or other document; or
(b) provides translation or interpretation services to help prepare
an application or other document; or
(c) advises another person that the other person must apply for a
visa; or
(d) passes on to another person information produced by a third
person, without giving substantial comment on or
explanation of the information.
(4) A person also does not give immigration assistance in the
circumstances prescribed by the regulations.
278 Relation by employment

(1) For the purposes of this Part, an individual is related by
employment to another individual if:

Section 278A
(a) one individual is an employee of the other; or

(b) they are executive officers of the same corporation; or
(c) they are members of the same partnership; or
(d) one individual is an employee of a corporation and the other
is:
(i) an employee of the corporation; or
(ii) an executive officer of the corporation; or
(e) one individual is an employee of a partnership and the other
is:
(i) an employee of the partnership; or
(ii) a member of the partnership.
Regulations
(2) For the purposes of this Part, an individual is also related by
employment to another individual in any other prescribed
circumstance.
Expanded meaning of employee

employee includes a person engaged as a consultant or as an
independent contractor.
278A Eligibility for restricted legal practitioners
Eligibility—general
(1) A person who is a restricted legal practitioner is eligible, subject to
this section.
(2) The person remains eligible until the earliest of the following
times:
(a) the end of the eligible period, or of a longer period as
extended under this section;
(b) when the person becomes an unrestricted legal practitioner.

Section 278A
Note 1: A person may be eligible whether or not the person is a registered

migration agent at the time of becoming a restricted legal practitioner.
Note 2: While a restricted legal practitioner is eligible, the practitioner may
become, or continue to be, a registered migration agent (see
sections 289B and 302A). However, to be registered as a migration
agent, an eligible restricted legal practitioner must also satisfy the
requirements of section 289A, including completing a prescribed
course and passing a prescribed exam.
(3) The eligible period is the period of 2 years after the person first
held a restricted practising certificate.
Note: However, the eligible period for a person who was a restricted legal
practitioner immediately before Division 8 commences (which is also
when this section commences) is 2 years after that commencement:
see section 333C.
Extension of eligible period

(4) An eligible person may apply to the Migration Agents Registration
Authority for an extension of the eligible period for a period of up
to 2 years:
(a) in a form approved in writing by the Authority, containing
such information relevant to the application as is required by
the form; and
(b) if the application is made 3 months or more before the end of
the eligible period.
Note: An eligible person may apply for an extension under this subsection
whether or not the person is a registered migration agent at the time of
the extension application.
(5) A person may make no more than one application for extension
under subsection (4).
(6) On an application under subsection (4), the Authority must, by
written notice given to the applicant no later than 28 days before
the end of the eligible period:
(a) extend the eligible period by a stated period of no more than
2 years; or
(b) refuse to extend the eligible period.

Section 279
(7) The Authority may extend the eligible period by a particular period
only if the Authority considers it reasonable to do so in the
circumstances, including (but not limited to) any circumstances
determined under subsection (9).
(8) The notice of the decision must include any details determined
under subsection (9) in relation to the decision.
(9) The Minister may, by legislative instrument, make a determination
for the purposes of subsection (7) or (8).
Review by Administrative Appeals Tribunal

(10) Applications may be made to the Administrative Appeals Tribunal
for review of a decision by the Authority:
(a) under paragraph (6)(a), to extend the eligible period by a
particular stated period; or
(b) under paragraph (6)(b), to refuse to extend the eligible
period.
Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires
that people whose interests are affected by reviewable decisions of the
Authority be given notice of their rights to seek review of the
decisions.
279 Part VIIC of the Crimes Act 1914 to apply to this Part
Despite paragraph 85ZZH(d) of the Crimes Act 1914, Part VIIC of
that Act applies to this Part.

Restrictions on giving of immigration assistance and making of immigration
representations Division 2
Section 280
Division 2—Restrictions on giving of immigration

assistance and making of immigration
representations
280 Restrictions on giving of immigration assistance

(1) Subject to this section, a person who is not a registered migration
agent must not give immigration assistance.
Penalty: 60 penalty units.
Note: See also paragraph 504(1)(ja) (which deals with the payment of
penalties as an alternative to prosecution).
(1A) An offence against subsection (1) is an offence of strict liability.

(2) This section does not prohibit a parliamentarian from giving

immigration assistance.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection (see subsection 13.3(3) of the Criminal Code).
(3) This section does not prohibit an Australian legal practitioner from
giving immigration assistance in connection with legal practice.
(4) This section does not prohibit an official from giving immigration
assistance in the course of his or her duties as an official.
(5) This section does not prevent an individual from giving

immigration assistance of a kind covered by subsection 276(2A) if
the assistance is not given for a fee or other reward.

Division 2 Restrictions on giving of immigration assistance and making of immigration
representations
Section 280
(5A) This section does not prevent a close family member of a person
from giving immigration assistance to the person.
(5B) This section does not prevent a person nominating a visa applicant
for the purposes of the regulations from giving immigration
assistance to the applicant.
(5C) This section does not prevent a person sponsoring a visa applicant
for the purposes of the regulations from giving immigration
assistance to the applicant.
(6) This section does not prohibit an individual from giving

immigration assistance in his or her capacity as:
(a) a member of a diplomatic mission; or
(b) a member of a consular post; or
(c) a member of an office of an international organisation.

close family member has the meaning given by the regulations.
member of a consular post means a person who is a member of a
consular post for the purposes of the Consular Privileges and
Immunities Act 1972.
member of a diplomatic mission means a person who is a member
of a mission for the purposes of the Diplomatic Privileges and
Immunities Act 1967.
member of an office of an international organisation means the
holder of an office in, an employee of, or a voluntary worker for, a

Section 281
body that, under section 3 of the International Organisations
(Privileges and Immunities) Act 1963, is an international
organisation within the meaning of that Act.
281 Restriction on charging fees for immigration assistance

(1) Subject to subsection (3), a person who is not a registered
migration agent must not ask for or receive any fee or other reward
for giving immigration assistance.
Penalty: Imprisonment for 10 years.
(2) Subject to subsection (3), a person must not ask for or receive any
fee or other reward for the giving of immigration assistance by
another person who is not a registered migration agent.
(3) This section does not prohibit:
(a) an Australian legal practitioner from asking for or receiving a
fee or other reward for giving immigration assistance in
connection with legal practice; or
(b) a person from asking for or receiving a fee or other reward
for the giving of immigration assistance by an Australian
legal practitioner in connection with legal practice.
(4) A person is not entitled to sue for, recover or set off any fee or
other reward that the person must not ask for or receive because of
subsection (1).
282 Restriction on charging fees for immigration representations

(1) Subject to subsection (2A), a person who is not a registered
migration agent must not ask for or receive any fee or other reward
for making immigration representations.

representations
Section 282
(2) Subject to subsection (2A), a person must not ask for or receive
any fee or other reward for the making of immigration
representations by another person who is not a registered migration
agent.
(2A) This section does not prohibit:
(a) an Australian legal practitioner from asking for or receiving a
fee or other reward for making immigration representations
in connection with legal practice; or
(b) a person from asking for or receiving a fee or other reward
for the making of immigration representations by an
Australian legal practitioner in connection with legal
practice.
(3) A person is not entitled to sue for, recover or set off any fee or
other reward that the person must not ask for or receive because of
subsection (1).
(4) For the purposes of this section, a person makes immigration
representations if he or she makes representations to, or otherwise
communicates with, the Minister, a member of the Minister’s staff
or the Department:
(a) on behalf of a visa applicant about the application for the
visa; or
(b) on behalf of a cancellation review applicant about the
cancellation review application; or
(c) on behalf of a person nominating (or seeking to nominate) a
visa applicant for the purposes of the regulations, about the
nomination; or
(d) on behalf of a person sponsoring (or seeking to sponsor) a
visa applicant for the purposes of the regulations, about the
sponsorship; or
(e) on behalf of a person who has made (or is proposing to
make) a request to the Minister to exercise his or her power
under section 351, 417 or 501J in respect of a decision

Section 283
(whether or not the decision relates to that person), about the
request; or
(f) on behalf of a person who has made (or is proposing to
make) a request to the Minister to exercise a power under
section 195A, 197AB or 197AD (whether or not the exercise
of the power would relate to the other person), about the
request; or
(g) on behalf of a person who has made (or is proposing to
make) a representation to the Minister to exercise a power
under subsection 501C(4) to revoke a decision to refuse to
grant, or to cancel, a visa (whether or not the decision relates
to that person); or
(h) on behalf of a person who has made (or is proposing to
make) a representation to the Minister to exercise a power
under subsection 501CA(4) to revoke a decision to cancel a
visa (whether or not the decision relates to that person).
(5) A person does not make immigration representations in the
circumstances prescribed by the regulations.
283 False representation that a person is a registered migration

agent
(1) A person who is not a registered migration agent must not directly
or indirectly represent that he or she is such an agent.
(2) A person must not directly or indirectly represent that another
person who is not a registered migration agent is such an agent.
284 Restriction on self-advertising of the giving of immigration

assistance
(1) Subject to this section, a person who is not a registered migration
agent must not advertise that he or she gives immigration
assistance.

representations
Section 285
(2) This section does not prohibit a parliamentarian from advertising
that he or she gives immigration assistance.
(3) This section does not prohibit an Australian legal practitioner from
advertising that the practitioner gives immigration assistance in
connection with legal practice.
(4) This section does not prohibit an official from advertising that he
or she gives immigration assistance in the course of acting as an
official.
285 Restriction on other advertising of immigration assistance

(1) Subject to this section, a person must not directly or indirectly
advertise that another person who is not a registered migration
agent gives immigration assistance.
(2) This section does not prohibit a person from advertising that
another person who is a parliamentarian gives immigration
assistance.
another person who is an Australian legal practitioner gives
immigration assistance in connection with legal practice.

Section 285
another person who is an official gives immigration assistance in
the course of the official acting as an official.

Division 3 Registration of migration agents
Section 287
Division 3—Registration of migration agents
287 Register of Migration Agents

(1) The Migration Agents Registration Authority must keep a register,
to be known as the Register of Migration Agents, listing
individuals who are registered as migration agents.
(2) The Register is to show in respect of each registered migration
agent:
(a) the agent’s full name; and
(b) any business names of the agent or the agent’s employer; and
(c) a business address for the agent; and
(d) a telephone number for contacting the agent; and
(e) the date on which the agent was registered most recently; and
(g) particulars of any suspension of the agent’s registration; and
(h) particulars of any caution given to the agent; and
(i) particulars of any other prescribed matter.
(3) The Migration Agents Registration Authority must keep records to
show:
(a) what was in the Register from time to time; and
(b) particulars of any cancellation or suspension of a registered
migration agent’s registration or of any caution given to such
an agent.
(3A) The Authority may publish, in the prescribed way, a list of the
names of former registered migration agents, their former
migration agent registration numbers and the date they ceased to be
registered. The Authority must remove a person’s details from the
list at the end of the prescribed period.
(4) The Migration Agents Registration Authority must make the
Register available, in a suitable form and at reasonable times, for
inspection by any person.

Registration of migration agents Division 3
Section 288
Removal of disciplinary details

(5) The Authority must remove from the Register the following
details:
(a) particulars of any suspension of a registered migration
agent’s registration (if the suspension is no longer in effect);
(b) particulars of any caution given to such an agent (if the
caution is no longer in effect).
Time for removal

(6) The Authority must remove the details within the period worked
out in accordance with the regulations.
(7) The regulations may prescribe different periods in relation to
details about suspensions or cautions.
288 Application for registration

(1) An individual may apply to the Migration Agents Registration
Authority to be registered as a registered migration agent.
Publishing requirement
(2) The individual must satisfy 1 of 2 publishing options set out in
section 288A, unless the individual has been registered at some
time within the period, immediately before making the application,
that is prescribed for the purposes of this subsection.
Form of application
(3) A registration application is to be in a form approved in writing by
the Authority and contain such information relevant to the
application as is required by the form.
Note: The applicant may be required to make a statutory declaration, or to
answer questions, in relation to the application: see section 288B.

Section 288
Time of application
(4) The day on which a registration application is taken to have been
made is the day worked out in accordance with the regulations.
Registration application fee

(5) The Authority must not consider a registration application unless
the applicant has paid the registration application fee (if any) on
the application.
Evidence of publication
(6) If the applicant is required under this section to satisfy 1 of 2
publishing options, the Authority must not consider the application
unless the applicant has:
(a) satisfied one of those options; and
(b) given the Authority evidence of the publication concerned.
Proceedings finalised about previous registration

(6A) If:
(a) the applicant has been registered at some time before making
the application; and
(b) the Authority made a decision to suspend or cancel the
applicant’s registration; and
(c) the applicant made an application (the review application)
for review of the decision under the Administrative Appeals
Tribunal Act 1975 or for judicial review of the decision;
then the Authority must not consider the registration application
unless it is satisfied that all proceedings (including any appeals)
resulting from the review application have been finalised.
Withdrawal of application
(7) The applicant may withdraw an application by giving notice in
writing to the Authority. However, the applicant is not entitled to a
refund of the registration application fee paid in relation to the
application.

Section 288A
288A Publishing requirement

(1) For the purposes of subsection 288(2), this section sets out an
individual’s 2 publishing options.
Individual publication
(2) The first option is for the individual to publish in the prescribed
way a notice:
(a) stating his or her intention to apply for registration; and
(b) stating that anyone may give the Migration Agents
Registration Authority a written objection to his or her
registration within the period of 30 days after publication of
the notice (or 30 days after the day on which the notice is last
published, if it must be published more than once).
Joint publication
(3) The second option is for the individual and one or more other
individuals, who are all employees of the same employer and who
all intend to apply for registration, to publish in the prescribed way
a single notice:
(a) stating their intention to apply for registration; and
(b) stating that anyone may give the Migration Agents
Registration Authority a written objection to registration of
any one or more of them within the period of 30 days after
publication of the notice (or 30 days after the day on which
the notice is last published, if it must be published more than
once).
288B Requirement to provide further information etc.
Scope
(1) This section applies in relation to an applicant who, on the day the
registration application is taken to have been made, is not a
registered migration agent.

Section 288B
Notice to provide further information etc.

(2) The Migration Agents Registration Authority may, by written
notice given to the applicant, require the applicant to provide
information in relation to the application, that is stated in the
notice, by doing either of the following:
(a) providing to the Authority, within a period prescribed for the
purposes of this paragraph (or that period as extended under
subsection (5)) and stated in the notice:
(i) a statutory declaration; and
(ii) any other specified documents;
(b) appearing before the Authority, at a time and place stated in
the notice (or at another time or place fixed under
subsection (5)), and providing such information, with any
specified documents, at such an appearance.
Refusal of application if applicant does not comply with notice

(3) The Authority may consider refusing the application if the
applicant fails to comply with a requirement in the notice under
subsection (2).
Note: If the Authority is considering refusing a registration application, it
must invite the applicant to make a further submission in support of
the application (see subsection 309(1)).
(4) An applicant must not be registered if:

(a) the applicant has failed to comply with a requirement of a
notice under subsection (2):
(i) within the period to which paragraph (2)(a) applies; or
(ii) at the time to which paragraph (2)(b) applies; and
(b) the Authority has invited the applicant to make a further
submission under subsection 309(1) in relation to the
information required by the notice under subsection (2); and
(c) any of the following applies:
(i) the applicant fails to make such a further submission
within a reasonable time after the invitation is given;

Section 289
(ii) if the applicant is given an opportunity to appear before

the Authority under paragraph 310(3)(b)—the applicant
fails to appear before the Authority;
(iii) the Authority is not satisfied that the applicant has
provided the information required by the notice under
subsection (2) of this section after consideration of such
a further submission, and (if the applicant is given an
opportunity to appear before the Authority under
paragraph 310(3)(b)) any information given by the
applicant at such an appearance.
Other matters
(5) The Authority may, by written notice given to the applicant:
(a) upon a request of the applicant made within the period to
which paragraph (2)(a) applies, extend the period; or
(b) upon a request of the applicant made before the time to
which paragraph (2)(b) applies, fix a new time or place for
the applicant to appear before the Authority.
(6) A notice under subsection (2) must include a statement explaining
the consequences under this section of failing to comply with the
requirements of the notice.
289 Registration
(1) The Migration Agents Registration Authority must register an
applicant by entering his or her name in the Register, unless this
Part prohibits registration of the applicant.
Note: If the Migration Agents Registration Authority is considering refusing
a registration application, it must give the applicant a chance to make
a further submission supporting the application. See sections 309 and
310.
(2) The Migration Agents Registration Authority must do so as soon as

possible.
(3) However, if the applicant was required under section 288 to satisfy
1 of 2 publishing options:

Section 289A
(a) the Authority must not register the applicant before the end
of the time for objections that was specified in the notice
concerned; and
(b) the Authority must consider any objection received within
that time when deciding whether to register the applicant.
289A Applicant must not be registered if academic and vocational

requirements are not satisfied
(1) This section applies to an applicant:
(a) who has never been registered; or
(b) whose registration application is made after the end of a
period, prescribed for the purposes of this paragraph,
immediately after the end of the applicant’s most recent
period of registration.
(2) The applicant must not be registered unless the Migration Agents
Registration Authority is satisfied that the applicant has:
(a) completed a course prescribed for the purposes of this
paragraph; and
(b) passed an examination, prescribed for the purposes of this
paragraph, within a prescribed period before the date of the
registration application.
289B Applications by Australian legal practitioners

(1) An applicant who is an unrestricted legal practitioner must not be
registered.
(2) An applicant who is a restricted legal practitioner must not be
registered unless the applicant is eligible.
Note 1: For when a person is eligible, see sections 278A and 333C.
Note 2: A registered migration agent must notify the Migration Agents
Registration Authority within 28 days after becoming a restricted legal
practitioner or an unrestricted legal practitioner (see section 312).
Note 3: The Authority must cancel the registration of an agent who is an
unrestricted legal practitioner, or who is a restricted legal practitioner
who is not eligible (see section 302A).

Section 290
290 Applicant must not be registered if not a person of integrity or

not fit and proper
(1) An applicant must not be registered if the Migration Agents
Registration Authority is satisfied that:
(a) the applicant is not a fit and proper person to give
immigration assistance; or
(b) the applicant is not a person of integrity; or
(c) the applicant is related by employment to an individual who
is not a person of integrity and the applicant should not be
registered because of that relationship.
(2) In considering whether it is satisfied that the applicant is not fit and
proper or not a person of integrity, the Migration Agents
Registration Authority must take into account:
(a) the extent of the applicant’s knowledge of migration
procedure; and
(c) any conviction of the applicant of a criminal offence relevant
to the question whether the applicant is not:
(i) a fit and proper person to give immigration assistance;
or
(ii) a person of integrity;
(except a conviction that is spent under Part VIIC of the
Crimes Act 1914); and
(d) any criminal proceedings that the applicant is the subject of
and that the Authority considers relevant to the application;
and
(e) any inquiry or investigation that the applicant is or has been
the subject of and that the Authority considers relevant to the
application; and
(f) any disciplinary action that is being taken, or has been taken,
against the applicant that the Authority considers relevant to
the application; and
(g) any bankruptcy (present or past) of the applicant; and
(h) any other matter relevant to the applicant’s fitness to give

Section 290A
(3) In considering whether it is satisfied that an individual to whom the

applicant is related by employment is not a person of integrity, the
Migration Agents Registration Authority must take into account
each of the following matters, so far as the Authority considers it
relevant to the question whether the individual is not a person of
integrity:
(a) any conviction of the individual of a criminal offence (except
a conviction that is spent under Part VIIC of the Crimes Act
1914);
(b) any criminal proceedings that the individual is the subject of;
(c) any inquiry or investigation that the individual is or has been
the subject of;
(d) any disciplinary action that is being taken, or has been taken,
against the individual;
(e) any bankruptcy (present or past) of the individual.
(4) To avoid doubt, this section applies to all applicants (not just first
time applicants).
290A Applicant must not be registered if continuing professional

development requirements are not satisfied
(1) This section applies in relation to an applicant who has been
registered at some time within the period, immediately before
making the registration application, that is prescribed for the
purposes of this subsection.
(2) The applicant must not be registered if the Migration Agents
Registration Authority is satisfied that the applicant has not met,
within the period prescribed for the purposes of this subsection, the
prescribed requirements for continuing professional development
of registered migration agents.

Section 290B
290B Applicant must not be registered if any unpaid registration

status charge
An applicant must not be registered if any registration status charge
payable by him or her remains unpaid after the time when it
becomes due for payment.
291 Applicant must not be registered if registration refused in past

year
(1) An applicant must not be registered if he or she has been refused
registration as a migration agent within 12 months before his or her
application.
time applicants).
291A Applicant must not be registered if suspension would be in

effect
If:
(a) an applicant has been registered (the previous registration) at
some time before making the application; and
(b) the Migration Agents Registration Authority decided to
suspend the previous registration (whether or not that
decision was stayed); and
(c) the previous registration ended on or after the suspension
decision;
then the applicant must not be registered during a period in which
the previous registration would have been suspended had the
previous registration not already ended.
Example 1: A registered migration agent’s registration is suspended for a period.
The agent is deregistered under section 302 so the suspension of the
registration ends. The agent cannot be re-registered until the
suspension period ends.
Example 2: The Migration Agents Registration Authority suspends a registered
migration agent’s registration. The agent applies for review of the
decision and a stay order is made in relation to the decision. The agent

Section 292
continues to practise, while the stay order is in force, until the agent’s
registration ends. Subsection 288(6A) prevents the agent from being
re-registered until the review proceedings are finalised. The agent
cannot be re-registered if the suspension decision is affirmed on
review and the suspension would not have ended (had the registration
continued).
Example 3: Under section 300, a registered migration agent’s registration is
continued after the expiry day of the agent’s registration. The
Migration Agents Registration Authority makes a decision to suspend
the agent’s registration until the agent complies with a condition, and
so the registration ends because of subsection 300(4). The agent
cannot be re-registered until the agent complies with the condition.
292 Applicant must not be registered if registration cancelled in past

5 years
An applicant whose registration has been cancelled under
section 303 must not be registered within 5 years of the
cancellation.
292A Applicant must not be registered if any barring period has not
ended
An applicant must not be registered if:
(a) the Migration Agents Registration Authority has made a
decision under subsection 311A(1) to bar him or her from
being a registered migration agent for a particular period; and
(b) the period has not ended.
292B Applicant must not be registered unless he or she holds

appropriate professional indemnity insurance
(1) An applicant must not be registered unless the Migration Agents
Registration Authority is satisfied that he or she has professional
indemnity insurance of a kind prescribed by the regulations.
time applicants).

Section 293
293 Applicant under 18 must not be registered

An applicant must not be registered if he or she is under 18.
294 Applicant must not be registered if not an Australian citizen,

permanent resident or New Zealander with special visa
(1) An applicant must not be registered unless he or she is:
(a) an Australian citizen; or
(b) an Australian permanent resident (within the meaning of the
regulations); or
(c) a New Zealand citizen who holds a special category visa.
time applicants).
295 Notice of refusal of application

If the Migration Agents Registration Authority decides not to
register an applicant, the Authority must give the applicant written
notice of the decision and of the reasons for it.
Note: The applicant may apply to the Administrative Appeals Tribunal for
review of the decision. See section 306 of this Act. (Section 27A of
the Administrative Appeals Tribunal Act 1975 requires that people
whose interests are affected by the Authority’s decision be given
notice of their rights to seek review of the decision.)
299 Period of registration

(1) Subject to any other provision of this Part (including subsection (2)
of this section), the registration of a registered migration agent
ends 12 months after the day of registration.
(2) If the registration is suspended for a period, the period of the
registration is extended by a period equal to the period of
suspension.

Section 300
300 Automatic continuation of registration
When agent’s registration is automatically continued

(1) Subsection (4) applies to continue a registered migration agent’s
registration beyond the last day (the expiry day) of the agent’s
registration if, before the end of the expiry day:
(a) the agent made a registration application; and
(b) the agent paid the registration application fee (if any) in
respect of the application; and
(c) the Migration Agents Registration Authority had not decided
the application.
Exception—suspension
(2) However, subsection (4) does not apply to continue the agent’s
registration if, before the end of the expiry day, the Authority made
a decision to suspend the agent’s registration, unless:
(a) the suspension had been completed before the end of the
expiry day; or
(b) there was a decision (other than a stay order) of the
Administrative Appeals Tribunal or a court in force,
immediately before the end of the expiry day, to the effect
that the agent’s registration is not suspended or cancelled.
Exception—cancellation
(3) Subsection (4) also does not apply to continue the agent’s
registration if, before the end of the expiry day, the Authority made
a decision to cancel the agent’s registration, unless:
(a) there was a decision (other than a stay order) of the
Administrative Appeals Tribunal or a court in force,
immediately before the end of the expiry day, to the effect
that the agent’s registration is not suspended or cancelled; or
(b) there was a decision of the Administrative Appeals Tribunal
or a court in force to the effect that the agent’s registration is
suspended, and the suspension had been completed before
the end of the expiry day.

Section 300
Period of continuation of registration

(4) The agent’s registration is taken to continue after the expiry day
until the earliest of the following:
(a) the Authority decides the application;
(b) the Authority decides to suspend the agent’s registration;
(c) the Authority decides to cancel the agent’s registration;
(d) the end of the period of 10 months beginning on the day after
the expiry day.
Application granted if no decision within a certain period

(5) If, before the end of the period of 10 months beginning on the day
after the expiry day, the Authority has not:
(a) decided the registration application; and
(b) decided to suspend the agent’s registration; and
(c) decided to cancel the agent’s registration;
then the application is taken to have been granted at the end of that
period.
When registration takes effect

(6) If the Authority grants the registration application, or the
registration application is taken to have been granted under
subsection (5), the registration is treated as having taken effect at
the end of the expiry day.
Example: An agent’s registration is due to end on 31 October (the expiry day).
On 20 October the agent applies to be registered again. The Authority
has not decided the application by the end of 31 October.
The agent’s registration continues automatically past 31 October until
the Authority decides the application.
On 15 November the Authority grants the application. The new 12
month registration is treated as having taken effect at the end of
31 October.

Section 301
When Authority makes decision

(7) For the purposes of this section, the Authority is taken to have
made a decision even if the decision is later stayed.
301 Migration Agents Registration Authority must warn of expiry

At least 30 days before the period for which a registered migration
agent is registered will end under section 299, the Migration
Agents Registration Authority must give the agent a written notice
stating when the period will end.
302 Automatic deregistration

(1) The Migration Agents Registration Authority must deregister a
registered migration agent by removing his or her name from the
Register if:
(a) he or she requests the Authority, in writing, to do so; or
(d) he or she dies.
302A Cancellation of registration—Australian legal practitioners

(1) The Migration Agents Registration Authority must cancel the
registration of a registered migration agent, by removing the
agent’s name from the Register, if the Authority is satisfied:
(a) that the agent is an unrestricted legal practitioner; or
(b) that the agent is a restricted legal practitioner who is not
eligible.
Note 1: For when a person is eligible, see sections 278A and 333C.
Note 2: A registered migration agent must notify the Authority within 28 days
after becoming a restricted legal practitioner or an unrestricted legal
practitioner (see section 312).
Note 3: An unrestricted legal practitioner, or a restricted legal practitioner
other than an eligible restricted legal practitioner, cannot be registered
as a migration agent (see section 289B).
(2) The Authority may cancel the registration of a registered migration

agent under subsection (1) because of the status of the agent as an

Section 303
Australian legal practitioner only on the basis of a document

authorised by a body authorised to grant practising certificates to
Australian legal practitioners in the relevant State or Territory.
(3) The Authority must give a registered migration agent written
notice of a decision to cancel the agent’s registration under
subsection (1).
(4) The notice must set out the reason for the decision.
(5) The decision takes effect at the time the agent is given written
notice of it.
Note: Section 332H sets out when the agent is taken to have been given the
notice.
303 Disciplining registered migration agents

(1) The Migration Agents Registration Authority may:
(a) cancel the registration of a registered migration agent by
removing his or her name from the register; or
(b) suspend his or her registration; or
(c) caution him or her;
if it becomes satisfied that:
(d) the agent’s application for registration was known by the
agent to be false or misleading in a material particular; or
(e) the agent becomes bankrupt; or
(f) the agent is not a person of integrity or is otherwise not a fit
and proper person to give immigration assistance; or
(g) an individual related by employment to the agent is not a
person of integrity; or
(h) the agent has not complied with the Code of Conduct
prescribed under section 314.
Note: If the Authority is considering making a decision under this section, it
must invite the registered migration agent to make a submission: see
sections 309 and 310.

Section 304
Unpaid registration status charge

(2) The Authority may also suspend the registration of a registered
migration agent if any registration status charge payable by him or
her remains unpaid after the time when it becomes due for
payment.
304 Period of suspension

(1) If the Migration Agents Registration Authority suspends the
registration of a registered migration agent under section 303, the
Migration Agents Registration Authority may:
(a) set a period of suspension of not more than 5 years; or
(b) set a condition or conditions for the lifting of the suspension.
(2) If 2 or more conditions are set under paragraph (1)(b), one of them
may be that at least a set period of suspension has ended.
304A Conditions for lifting cautions

The Migration Agents Registration Authority may set one or more
conditions for the lifting of a caution it gives to a registered
migration agent.
Note: Particulars of cautions are shown on the Register: see section 287.
305 Notice of disciplinary decision
Notice to agent
(1) The Migration Agents Registration Authority must give a
registered migration agent written notice of a decision made under
section 303 in relation to the agent.
(2) The notice must set out the reasons for the decision.
When decision takes effect

(3) The decision takes effect at the time the agent is given written
notice of it.

Section 305A
notice.
305A Making disciplinary details publicly available

(1) If a registered migration agent is given notice of a decision under
section 303, then the Migration Agents Registration Authority:
(a) must as soon as possible make available in the prescribed
way a statement that sets out the decision and specifies the
grounds for the decision; and
(b) may prepare a statement about the decision and make it
available to one or more groups of persons, or to one or more
persons, in any way the Authority thinks fit.
This subsection applies even if a stay order is made in relation to
the decision.
Content of statement
(3) A statement under this section need not set out the findings on
material questions of fact and need not refer to the evidence or
other material on which those findings were based.
Protection from civil proceedings

(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
305B Providing disciplinary details to clients

If the Migration Agents Registration Authority makes a decision
under section 303 in relation to a registered migration agent, the
Authority or the Secretary may inform one or more of the clients of
the agent about any one or more of the following:
(a) the making of the decision;

Section 305C
(b) whether or not the agent has applied for review of the
decision;
(c) the status of any such review.
305C Requiring registered migration agents to give information or

documents
(1) This section applies if the Migration Agents Registration Authority
is considering:
(a) refusing a registration application from a registered migration
agent; or
(b) making a decision under section 303 to cancel or suspend
such an agent’s registration or to caution such an agent.
(2) The Authority may, by written notice given to the agent, require
him or her to provide the Authority with prescribed information or
prescribed documents within the specified period and in the
specified manner.
(3) A period specified in a notice under this section must end at least
14 days after the notice was given.
notice.
Offence
(a) the person is subject to a requirement under this section; and
(b) the person contravenes the requirement.

Section 306
Self-incrimination
(6) A person is not excused from giving information or providing a
document on the ground that the information or provision of the
document may tend to incriminate the person.
(7) However:
(a) any information or document provided in response to a
requirement under subsection (2); and
(b) any information or thing (including any document) obtained
as a direct or indirect result of information or a document
provided in response to a requirement under subsection (2);
is not admissible in evidence against the person in any criminal
proceedings (except proceedings for an offence against
section 137.1 or 137.2 of the Criminal Code that relates to this Act
or the regulations).
306 Review by the Administrative Appeals Tribunal

Subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal
for review of a decision by the Migration Agents Registration
Authority made under this Division.
306AA Stay orders

If the Administrative Appeals Tribunal or a court orders a stay of a
decision under section 303 to cancel or suspend a registered
migration agent’s registration, it is taken to be a condition of the
order that the prescribed supervisory requirements apply in relation
to the agent during the period of the order.

Division 3A Documents relating to clients of inactive migration agents and deceased
migration agents
Section 306A
Division 3A—Documents relating to clients of inactive

migration agents and deceased migration agents
306A Objects of this Division

The objects of this Division are:
(a) to ensure that clients of inactive migration agents are not
unduly disadvantaged by the agent becoming inactive; and
(b) to ensure that clients of deceased migration agents are not
unduly disadvantaged by the death of the agent;
by empowering the Migration Agents Registration Authority to:
(c) obtain originals or copies of client documents from inactive
migration agents or from the legal personal representatives of
deceased migration agents; and
(d) give the originals or copies to the clients concerned.
Note: For when an agent becomes inactive, see section 306B.
306B Inactive migration agents

For the purposes of this Division:
(a) if a person ceases to be a registered migration agent because
the person’s period of registration expires under section 299:
(i) the person becomes an inactive migration agent at the
time of the cessation; and
(ii) the person remains an inactive migration agent until the
end of the period of 2 years after the cessation or until
the person again becomes a registered migration agent,
whichever happens first; and
(b) if, at a person’s request, the Migration Agents Registration
Authority deregisters the person under section 302:
time of the deregistration; and
end of the period of 2 years after the deregistration or

Documents relating to clients of inactive migration agents and deceased migration
agents Division 3A
Section 306B
until the person again becomes a registered migration
agent, whichever happens first; and
(ba) if a person ceases to be a registered migration agent because
the Migration Agents Registration Authority cancels the
person’s registration under section 302A, or because the
person’s registration ends under section 333B:
time of the cessation of the registration; and
end of the period of 2 years after the cessation, or until
the person again becomes a registered migration agent,
whichever happens first; and
Note 1: The Authority must cancel the registration of an agent who is an
unrestricted legal practitioner, or that of an agent who is a restricted
legal practitioner, but is not eligible (see section 302A).
Note 2: Section 333B provides that the registration of an unrestricted legal
practitioner as a migration agent ends when Division 8 commences
(which is also when this paragraph commences).
(c) if the Migration Agents Registration Authority cancels a
person’s registration under section 303:
time of the cancellation; and
(ii) the person remains an inactive migration agent for 2
years; and
(d) if the Migration Agents Registration Authority suspends a
person’s registration under section 303:
time of the suspension; and
(ii) the person remains an inactive migration agent for the
period of the suspension; and
(e) if, while a person is a registered migration agent, the person
becomes physically or mentally incapable, for a continuous
period of not less than 14 days, of giving immigration
assistance:
end of that period of 14 days; and

migration agents
Section 306C
person ceases to be physically or mentally incapable of
giving immigration assistance.
306C Definition of client

(1) A client of a registered migration agent is a person to whom the
agent has given, or has agreed to give (whether or not in writing),
(2) In addition:
(a) if a registered migration agent becomes an inactive migration
agent, a client of the registered migration agent (while the
agent was registered) remains a client of the inactive
migration agent; and
(b) a person remains a client of a registered migration agent, or
an inactive migration agent, even if the agent is deceased.
306D Power to obtain documents from inactive migration agent

(1) This section applies to a person who is an inactive migration agent
if the Migration Agents Registration Authority has reason to
believe that:
(a) before becoming an inactive migration agent and while the
person was a registered migration agent, the person gave, or
anticipated giving, immigration assistance to one or more
clients; and
(b) the inactive migration agent has in his or her possession or
control documents that:
(i) are or were connected with the giving, or anticipated
giving, of that immigration assistance to those clients;
and
(ii) relate to the affairs of those clients.
notice given to the inactive migration agent, require him or her:

agents Division 3A
Section 306E
(a) to make copies of any such documents and to produce those
copies to the Authority within the specified period and in the
specified manner; or
(b) to produce to the Authority, within the specified period and
in the specified manner, any such documents that are owned
by those clients or that were provided to the agent by, or on
behalf of, those clients.
Note: An example of a document provided to a registered migration agent is
a client’s passport.
(3) A notice under subsection (2) must set out the effect of
sections 306G and 306H.
(4) A notice under subsection (2) need not identify any particular
client or clients.
(5) A period specified in a notice under subsection (2) must end at
least 14 days after the notice was given.
Note: Section 332H sets out when the inactive migration agent is taken to
have been given the notice.
306E Power to obtain documents from representative of deceased

inactive migration agent
(1) This section applies to the legal personal representative of a
deceased person if the deceased person was an inactive migration
agent at the time of death and the Migration Agents Registration
Authority has reason to believe that:
(a) before becoming an inactive migration agent and while the
deceased person was a registered migration agent, the
deceased person gave, or anticipated giving, immigration
assistance to one or more clients; and
(b) the legal personal representative has in his or her possession
or control documents that:
and

migration agents
Section 306F
notice given to the legal personal representative, require the legal
personal representative:
by those clients or that were provided to the registered
migration agent by, or on behalf of, those clients.
client or clients.
Note: Section 332H sets out when the legal personal representative is taken
to have been given the notice.
306F Power to obtain documents from representative of deceased

registered migration agent
(1) This section applies to the legal personal representative of a
deceased person if the deceased person was a registered migration
agent at the time of death and the Migration Agents Registration
Authority has reason to believe that:
(a) while the deceased person was a registered migration agent,
the deceased person gave, or anticipated giving, immigration
assistance to one or more clients; and
(b) the legal personal representative has in his or her possession
or control documents that:

agents Division 3A
Section 306G
and
notice given to the legal personal representative, require the legal
personal representative:
by those clients or that were provided to the registered
migration agent by, or on behalf of, those clients.
client or clients.
Note: Section 332H sets out when the legal personal representative is taken
to have been given the notice.
306G Reasonable compensation

A person is entitled to be paid by the Commonwealth reasonable
compensation for complying with a notice under section 306D,
306E or 306F.
306H Failure to comply with notice


migration agents
Section 306J
(a) the person is subject to a requirement under section 306D,
306E or 306F; and
306J Self-incrimination
(1) An individual is not excused from producing a document under
section 306D, 306E or 306F on the ground that the production of
the document may tend to incriminate the individual or expose the
individual to a penalty.
(2) However:
(a) any document so produced; and
as a direct or indirect result of a document so produced;
is not admissible in evidence against the individual in any criminal
306K Migration Agents Registration Authority to give client

documents to clients
(1) If:
(a) a document is given to the Migration Agents Registration
Authority under section 306D by an inactive migration agent;
and
(b) the document relates to the affairs of a particular client of the
inactive migration agent;
then, as soon as practicable, the Migration Agents Registration
Authority must:
(c) give the document to:

agents Division 3A
Section 306L
(i) the client; or
(ii) if the client has, by written notice given to the
Authority, nominated a person to receive such
documents—that person; and
(d) give the client information about how to contact other
registered migration agents.
(2) If:
(a) a document is given to the Migration Agents Registration
Authority under section 306E or 306F by the legal personal
representative of:
(i) a deceased inactive migration agent; or
(ii) a deceased registered migration agent; and
(b) the document relates to the affairs of a particular client of the
deceased migration agent;
then, as soon as practicable, the Migration Agents Registration
Authority must:
(c) give the document to:
(i) the client; or
(ii) if the client has, by written notice given to the
Authority, nominated a person to receive such
documents—that person; and
(d) give the client information about how to contact other
registered migration agents.
306L Compensation—constitutional safety-net

(1) If:
(a) apart from this section, the operation of this Division would
result in the acquisition of property from a person otherwise
than on just terms; and
(b) the acquisition would be invalid because of
paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay compensation of a reasonable
amount to the person in respect of the acquisition.

migration agents
Section 306L
(2) If the Commonwealth and the person do not agree on the amount
of the compensation, the person may institute proceedings in the
Federal Court for the recovery from the Commonwealth of such
reasonable amount of compensation as the court determines.
(3) A provision of this Act (other than this Division) that provides for
compensation for the acquisition of property does not apply to this
Division.
acquisition of property has the same meaning as in
paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.

Investigations and decision-making by the Migration Agents Registration Authority
Division 4
Section 308
Division 4—Investigations and decision-making by the

Migration Agents Registration Authority
308 Requiring registered migration agents to give information

(1) The Migration Agents Registration Authority may require a
registered migration agent:
(a) to make a statutory declaration in answer to questions in
writing by the Authority; or
(b) to appear before an individual or individuals specified by the
Authority and to answer questions; or
(c) to provide the Authority with specified documents or records
relevant to the agent’s continued registration.
(2) If a registered migration agent appears before one individual to
answer questions, that individual must record the questions and
answers and give the record to the Authority.
(2A) If a registered migration agent appears before 2 or more individuals
to answer questions, one of them must record the questions and
answers and give the record to the Authority.
(3) A registered migration agent is not excused from giving
information or providing a document on the ground that the
information or provision of the document may tend to incriminate
the person.
(4) However:
is not admissible in evidence against the registered migration agent
in any criminal proceedings (except proceedings for an offence

Division 4 Investigations and decision-making by the Migration Agents Registration
Authority
Section 309
against section 137.1 or 137.2 of the Criminal Code that relates to
this Act or the regulations).
309 Persons may make submissions

(1) If the Migration Agents Registration Authority is considering
refusing a registration application, it must inform the applicant of
that fact and the reasons for it and invite the applicant to make a
further submission in support of his or her application.
(2) If the Migration Agents Registration Authority is considering
making a decision under section 303 to cancel or suspend a
registered migration agent’s registration, or to caution such an
agent, it must inform the agent of that fact and the reasons for it
and invite the agent to make a submission on the matter.
submission means:
(a) a statutory declaration; or
(b) a written argument.
310 Persons may appear before Migration Agents Registration

Authority
(1) This section applies where the Migration Agents Registration
Authority has invited a submission on a matter under section 309.
(2) If the Migration Agents Registration Authority does not receive a
submission, it may decide the matter on the information before it.
(3) If the Migration Agents Registration Authority receives a
submission, it may:
(a) decide the matter; or
(b) give the person who made the submission the opportunity to
appear before it and then decide the matter.

Investigations and decision-making by the Migration Agents Registration Authority
Division 4
Section 311
311 Migration Agents Registration Authority not bound by legal
forms etc.
The Migration Agents Registration Authority, in considering a
registration application or a possible disciplinary action under
section 303:
(a) is not bound by technicalities, legal forms or rules of
evidence; and
(b) must act according to substantial justice and the merits of the
case.

Division 4A Disciplining former registered migration agents
Section 311A
Division 4A—Disciplining former registered migration

agents
311A Barring former registered migration agents from being

registered for up to 5 years
(1) The Migration Agents Registration Authority may decide to bar a
former registered migration agent from being a registered
migration agent for a period if, after investigating a complaint
about him or her in relation to his or her provision of immigration
assistance while he or she was a registered migration agent, it is
satisfied that the subject matter of the complaint is made out.
Note: Before making such a decision, the Authority must invite the former
registered migration agent to make a submission: see section 311D.
(2) The period must not be more than 5 years starting on the day of the
Authority’s decision.
311B Notice of disciplinary decision
Notice to former agent

(1) The Migration Agents Registration Authority must give a former
registered migration agent written notice of a decision made under
section 311A in relation to the former agent.
(2) The notice must set out the reasons for the decision and the period
that the former agent is barred from being a registered migration
agent.
When decision takes effect

(3) The decision takes effect at the time the former agent is given
written notice of it.
Note: Section 332H sets out when the former agent is taken to have been
given the notice.

Disciplining former registered migration agents Division 4A
Section 311C
311C Making disciplinary details publicly available

(1) If a former registered migration agent is given notice of a decision
under section 311A, then the Migration Agents Registration
Authority:
(a) must as soon as possible make available in the prescribed
way a statement that sets out the decision and specifies the
grounds for the decision; and
(b) may prepare a statement about the decision and make it
available to one or more groups of persons, or to one or more
persons, in any way the Authority thinks fit.
This subsection applies even if a stay order is made in relation to
the decision.
Content of statement
(3) A statement under this section need not set out the findings on
material questions of fact and need not refer to the evidence or
other material on which those findings were based.
Protection from civil proceedings

(4) No action or other proceeding for damages lies against a person for
publishing in good faith:
(a) a copy of; or
(b) an extract from; or
(c) a summary of;
a statement under this section.
311D Former registered migration agent may make a submission

etc.
Invitation to make submission

(1) Before making a decision under subsection 311A(1), the Migration
Agents Registration Authority must give the former registered
migration agent a written notice:

Section 311E
(a) stating that the Authority proposes to make such a decision

and the reasons for it; and
(b) inviting him or her to make a written submission to the
Authority on the matter within 28 days after the notice is
given.
given the notice.
Authority to consider any submission

(2) The Authority must consider any written submission received
within that period.
No submission received
(3) If the Authority does not receive a written submission, it may
decide the matter on the information before it.
Submission received
(4) If the Authority receives a written submission, it may:
(a) decide the matter; or
(b) give the former registered migration agent the opportunity to
appear before it and then decide the matter.
311E Authority not bound by legal forms etc.

In considering making a decision under subsection 311A(1), the
Migration Agents Registration Authority:
evidence; and
case.

Disciplining former registered migration agents Division 4A
Section 311EA
311EA Requiring former registered migration agents to give

information or documents
(1) This section applies if the Migration Agents Registration Authority
is considering making a decision under section 311A to bar a
former registered migration agent from being a registered
migration agent for a period.
(2) The Authority may, by written notice given to the former agent,
require him or her to provide the Authority with prescribed
information or prescribed documents within the specified period
and in the specified manner.
(3) A period specified in a notice under this section must end at least
14 days after the notice was given.
given the notice.
Offence
(a) the person is subject to a requirement under this section; and
Self-incrimination
(6) A person is not excused from giving information or providing a
document on the ground that the information or provision of the
document may tend to incriminate the person.
(7) However:

Section 311F

is not admissible in evidence against the person in any criminal
311F Review by the Administrative Appeals Tribunal

Subject to the Administrative Appeals Tribunal Act 1975, an
application may be made to the Administrative Appeals Tribunal
for review of a decision by the Migration Agents Registration
Authority under subsection 311A(1).

Obligations of registered migration agents Division 5
Section 312
Division 5—Obligations of registered migration agents
312 Notification obligations

(1) A registered migration agent must notify the Migration Agents
Registration Authority in writing within 14 days after any of the
following events occurs:
(a) he or she becomes bankrupt;
(b) he or she applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors;
(c) he or she compounds with his or her creditors;
(d) he or she makes an assignment of remuneration for the
benefit of his or her creditors;
(e) he or she is convicted of an offence under a law of the
Commonwealth or of a State or Territory;
(ea) if the agent paid the non-commercial application charge in
relation to the agent’s current period of registration—the
agent begins to give immigration assistance otherwise than
on a non-commercial basis during that period;
(f) he or she becomes an employee, or becomes the employee of
a new employer, and will give immigration assistance in that
capacity;
(fa) he or she becomes a member of a partnership and will give
immigration assistance in that capacity;
(g) if he or she is a member or an employee of a partnership and
gives immigration assistance in that capacity—a member of
the partnership becomes bankrupt;
(h) if he or she is an executive officer or an employee of a
corporation and gives immigration assistance in that
capacity:
(i) a receiver of its property or part of its property is
appointed; or
(iii) it begins to be wound up.

Division 5 Obligations of registered migration agents
Section 312A

(3) The following terms used in paragraph (1)(ea) have the same
meaning as in the Migration Agents Registration Application
Charge Act 1997:
(a) begins (in relation to immigration assistance given otherwise
than on a non-commercial basis);
(b) non-commercial application charge;
(c) non-commercial basis (in relation to the basis on which
immigration assistance is given).
(4) A registered migration agent must notify the Migration Agents
Registration Authority in writing within 28 days after the agent
becomes:
(a) a restricted legal practitioner; or
(b) an unrestricted legal practitioner.
312A Notification of giving of immigration assistance to visa

applicants
(1) If:
(a) a registered migration agent gives immigration assistance to a
visa applicant in relation to the visa application; and
(b) the agent gives the assistance after having agreed to represent
the applicant;
the agent must notify the Department in accordance with the
regulations and within the period worked out in accordance with
the regulations.

Obligations of registered migration agents Division 5
Section 312B
312B Notification of giving of immigration assistance to review

applicants
(1) If:
(a) a registered migration agent gives immigration assistance to a
person in respect of a review application made by the person;
and
(b) the agent gives the assistance after having agreed to represent
the person;
the agent must notify the review authority concerned in accordance
with the regulations and within the period worked out in
accordance with the regulations.

review application means an application for review by a review
authority of a decision to refuse to grant a person a visa.
313 Persons charged for services to be given detailed statement of

services
(1) A registered migration agent is not entitled to be paid a fee or other
reward for giving immigration assistance to another person (the
assisted person) unless the agent gives the assisted person a
statement of services.
(2) A statement of services must set out:
(a) particulars of each service performed; and
(b) the charge made in respect of each such service.
(3) An assisted person may recover the amount of a payment as a debt
due to him or her if he or she:

Division 5 Obligations of registered migration agents
Section 314
(a) made the payment to a registered migration agent for giving

immigration assistance; and
(b) did not receive a statement of services before making the
payment; and
(c) does not receive a statement of services within the period
worked out in accordance with the regulations.
314 Code of Conduct for migration agents

(1) The regulations may prescribe a Code of Conduct for migration
agents.
(2) A registered migration agent must conduct himself or herself in
accordance with the prescribed Code of Conduct.

Migration Agents Registration Authority Division 6
Section 315
Division 6—Migration Agents Registration Authority
315 Migration Agents Registration Authority—nature, powers and

functions
(1) The Migration Agents Registration Authority is the body
established within the Department to administer this Part.
(2) A power or function expressed under this Part to be given to the
Migration Agents Registration Authority may only be exercised or
performed by the Minister, or by a delegate of the Minister under
section 320.
316 Functions of Migration Agents Registration Authority

(1) The functions of the Migration Agents Registration Authority are:
(a) to deal with registration applications in accordance with this
Part; and
(b) to monitor the conduct of registered migration agents in their
provision of immigration assistance; and
(c) to investigate complaints in relation to the provision of
immigration assistance by registered migration agents; and
(d) to take appropriate disciplinary action against registered
migration agents or former registered migration agents; and
(f) to inform the appropriate prosecuting authorities about
apparent offences against this Part or Part 4; and
(g) to monitor the adequacy of any Code of Conduct; and
(h) such other functions as are conferred on the Authority by this
Part.
(1A) In performing its function under paragraph (1)(c), the Authority
may start, or complete, an investigation of a complaint about a
person at a time when he or she is no longer a registered migration
agent.

Division 6 Migration Agents Registration Authority
Section 317
(1B) However, the Authority can investigate a complaint about a former

registered migration agent only if the complaint is received within
12 months after he or she ceased to be a registered migration agent.
317 General powers of the Migration Agents Registration Authority

The Migration Agents Registration Authority has power to do all
things necessarily or conveniently done for, or in connection with,
the performance of its functions.
318 Power to refer people to mediation

If the Migration Agents Registration Authority is investigating a
complaint about a person who is or was a registered migration
agent, the Authority may refer the complainant and the person to a
mediator to resolve the matter complained of.
319 Referral of conduct of certain migration agents to legal

disciplinary authorities
Referral generally
(1) The Migration Agents Registration Authority may refer the
conduct of a registered migration agent, or a former registered
migration agent, who is an Australian legal practitioner to an
authority responsible for disciplining Australian legal practitioners
in a State or Territory if:
(a) the legal practitioner was granted a practising certificate
under the law of that State or Territory; and
(b) the conduct occurred while the legal practitioner was a
registered migration agent, whether or not the conduct
occurred in connection with legal practice.
Conduct of registered migration agents

(2) If the Migration Agents Registration Authority refers the conduct
of a registered migration agent, it may not take action against the
agent under section 303 on the basis of that conduct.

Migration Agents Registration Authority Division 6
Section 320
Note: Section 303 allows the Migration Agents Registration Authority to

caution a registered migration agent or suspend or cancel a registered
migration agent’s registration.
Conduct of former registered migration agents

(3) If the Migration Agents Registration Authority refers the conduct
of a former registered migration agent, it may not take action
against him or her under subsection 311A(1) on the basis of that
conduct.
Note: Subsection 311A(1) allows the Authority to bar a former registered
migration agent from being a registered migration agent for a period
of not more than 5 years starting on the day of its decision.
320 Minister may delegate powers and functions

(1) The Minister may delegate any of the powers or functions given to
the Migration Agents Registration Authority under this Part to an
APS employee in the Department.
Note: See section 315 (Migration Agents Registration Authority—nature,
powers and functions).
(2) A delegation must be in writing signed by the Minister.

(3) If the Minister delegates a power or function of the Migration
Agents Registration Authority, the Minister may disclose to the
delegate personal information to help the delegate exercise the
power or perform the function.
321A Disclosure of personal information by the Migration Agents

Registration Authority
(1) The Migration Agents Registration Authority may disclose
personal information about a registered migration agent, or an
inactive migration agent, to any of the following (the recipient):
(a) the Secretary or an authorised officer;
(b) a review authority.
(2) However, the Authority may do so only in the prescribed
circumstances.

Division 6 Migration Agents Registration Authority
Section 321A
(3) The regulations may prescribe circumstances in which the recipient

may use or disclose personal information disclosed under
subsection (1).

Registration application fees and registration status charges Division 6A
Section 332A
Division 6A—Registration application fees and registration

status charges
332A Collection of registration status charge
When charge due and payable

(1) Registration status charge is due and payable at the time worked
out in accordance with a determination made, by legislative
instrument, by the Migration Agents Registration Authority.
Recovery of charge
(3) Registration status charge that has become due for payment may be
recovered by the Migration Agents Registration Authority, on
behalf of the Commonwealth, as a debt due to the Commonwealth.

Division 7 Other things
Section 332C
Division 7—Other things
332C Removing disciplinary details—registered migration agents

(1) The Migration Agents Registration Authority must remove any of
the following details that are made available by electronic means
under this Part:
(a) any statement relating to the cancellation or suspension of a
registered migration agent’s registration;
(b) any statement about the cautioning of such an agent.
Time for removal

(2) The Authority must remove the details within the period worked
(3) The regulations may prescribe different periods in relation to
details about cancellations, suspensions or cautions.
332D Removing disciplinary details—former registered migration

agents
(1) The Migration Agents Registration Authority must remove any
statement that is made available by electronic means under
section 311C.
(2) The Authority must remove the statement within the period worked
332E Protection from civil proceedings
Complaints about registered migration agents

(1) No action or other proceeding for damages lies against a person in
respect of loss, damage or injury of any kind suffered by another
person because of any of the following acts done in good faith:

Other things Division 7
Section 332E
(a) the making of a complaint to the Migration Agents

Registration Authority in relation to the provision of
immigration assistance by a registered migration agent;
(b) the making of a statement to, or the giving of a document or
information to, the Authority in connection with the
investigation of such a complaint.
Complaints about persons who are not registered migration agents

(2) No action or other proceeding for damages lies against a person in
respect of loss, damage or injury of any kind suffered by another
person because of any of the following acts done in good faith:
(a) the making of a complaint to the Department in relation to
the provision of immigration assistance by a person who is
not a registered migration agent;
(b) the making of a statement to, or the giving of a document or
information to, the Department in connection with the
investigation of such a complaint;
(c) the investigation of such a complaint.
Institute etc.
(3) The Migration Institute of Australia Limited (ACN 003 409 390),
or an officer or employee of that Institute, is not liable to an action
or other proceeding for damages for or in relation to any of the
following acts done in good faith:
(a) the performance or purported performance of any function
conferred on the Migration Agents Registration Authority
under this Part;
(b) the exercise or purported exercise of any power conferred on
the Authority under this Part.
Note: The Institute was appointed as the Migration Agents Registration
Authority by instrument dated 21 March 1998, under section 315 as
then in force. That instrument was revoked on 30 June 2009.
Commonwealth etc.
(4) None of the following:

Section 332F
(a) the Commonwealth;

(b) the Minister;
(c) an officer;
(d) any other person;
is liable to an action or other proceeding for damages for or in
relation to any of the following acts done in good faith:
(e) the performance or purported performance of any function
conferred on the Minister under this Part;
(f) the exercise or purported exercise of any power conferred on
the Minister under this Part.
332F Disclosure of personal information by the Secretary

(1) The Secretary may disclose personal information about a registered
migration agent, or an inactive migration agent, to a review
authority.
(2) However, the Secretary may do so only in the prescribed
circumstances.
(3) The regulations may prescribe circumstances in which the review
authority may use or disclose personal information disclosed under
subsection (1).
332G Disclosure of personal information by a review authority
Discretionary disclosure
(1) A review authority may disclose personal information about a
registered migration agent, or an inactive migration agent, to the
Secretary or an authorised officer.
(2) However, a review authority may do so only in the prescribed
circumstances.
(3) The regulations may prescribe circumstances in which the
Secretary or authorised officer may use or disclose personal
information disclosed under subsection (1).

Other things Division 7
Section 332H
Mandatory disclosure
(4) If a registered migration agent notifies a review authority that the
agent has given immigration assistance to a person in respect of a
review application made by the person, the review authority must
notify the Department, in accordance with the regulations, that the
agent has given immigration assistance to the person in respect of
the review application.
Definitions
inactive migration agent has the meaning given by section 306B.
review application means an application for review by a review
authority of a decision to refuse to grant a person a visa.
332H Giving of notices under this Part

(1) If a provision of this Part requires or permits the Migration Agents
Registration Authority to give a notice to a person (the recipient):
(a) the Authority must give the notice to the recipient by 1 of the
4 methods set out in the following table; and
(b) the time at which the recipient is taken to have been given the
notice is the time set out in the table.
Giving of notices under this Part

Item Methods of giving notices Timing rule
1 Handing the notice to the recipient When it is handed to the recipient
2 Handing the notice to another person When it is handed to the other
who: person
(a) is at the last residential or business
address provided to the Authority
by the recipient for the purposes of
receiving notices; and
(b) appears to live there (in the case of
a residential address) or work

Section 332H
Giving of notices under this Part

Item Methods of giving notices Timing rule
there (in the case of a business
address); and
(c) appears to be at least 16 years of
age
3 Dating the notice, and then (a) if the notice was dispatched
dispatching it: from a place in Australia to an
(a) within 3 working days (in the address in Australia—7 working
place of dispatch) of the date of days (in the place of that
the notice; and address) after the date of the
notice; or
(b) by prepaid post or by other
prepaid means; and (b) in any other case—21 days after
the date of the notice
(c) to:
(i) the last address for service
provided to the Authority
by the recipient for the
purposes of receiving
notices; or
(ii) the last residential or
business address provided
to the Authority by the
recipient for the purposes of
receiving notices
4 Transmitting the notice by: At the end of the day on which the
(a) fax; or notice is transmitted
(b) email; or
(c) other electronic means;
to the last fax number, email address
or other electronic address, as the case
may be, provided to the Authority by
the recipient for the purposes of
receiving notices
(2) This section has effect despite any provision in the Electronic
Transactions Act 1999.

Transitional arrangements for Australian legal practitioners Division 8
Section 333
Division 8—Transitional arrangements for Australian legal

practitioners
333 Definitions
In this Division:
amending Act means the Migration Amendment (Regulation of
Migration Agents) Act 2020.
Division 8 commencement day means the day this Division
commences.
Note: This Division was added by Schedule 1 to the Migration Amendment
(Regulation of Migration Agents) Act 2020.
333A Restrictions on giving immigration assistance and making

immigration representations
(1) Despite the amendments of Division 2 made by Schedule 1 to the
amending Act, that Division, as in force immediately before the
Division 8 commencement day, continues to apply in relation to
any conduct of a person occurring before that day.
(2) Subsection (1) also applies in relation to any conduct of a person
occurring on or after the Division 8 commencement day if the
conduct is a part or continuation of, or is connected to, conduct of
the person occurring before that day.
333B Registered migration agents who were unrestricted legal

practitioners immediately before the Division 8
commencement day
Scope
(1) This section applies in relation to a person who, immediately
before the Division 8 commencement day, was both:

Division 8 Transitional arrangements for Australian legal practitioners
Section 333C
(a) a registered migration agent (even if, at that time, the

person’s registration was under suspension, or had been
taken to continue under subsection 300(4)); and
(b) an unrestricted legal practitioner.
End of registration
(2) The person’s registration as a migration agent ends at the start of
the Division 8 commencement day, by force of this section.
333C Persons who were restricted legal practitioners immediately

before the Division 8 commencement day
Scope
(1) This section applies in relation to a person who was a restricted
legal practitioner immediately before the Division 8
commencement day (whether or not the person was a registered
migration agent at that time).
Eligibility under section 278A

(2) The person’s eligible period for the purposes of section 278A is the
period of 2 years after the Division 8 commencement day, despite
subsection 278A(3).
Note: Subsection 278A(3) provides that generally the eligible period is the
period of 2 years after the person first held a restricted practising
certificate.
333D Registration applications made before the Division 8

commencement day
Scope
(1) This section applies in relation to a person if, immediately before
the Division 8 commencement day:
(a) the person had made a registration application (whether or
not the person had previously been registered as a migration
agent); and

Transitional arrangements for Australian legal practitioners Division 8
Section 333E
(b) the Migration Agents Registration Authority had not made a

decision in relation to the application.
Application of amendments to registration applications

(2) The amendments of Division 3 made by Schedule 1 to the
amending Act apply in relation to the registration application as if
it had been made on or after the Division 8 commencement day.
Note: On and after the Division 8 commencement day, some Australian
legal practitioners cannot be registered as migration agents (see
section 289B).
(3) If the person was an unrestricted legal practitioner immediately

before the Division 8 commencement day, section 300 (automatic
continuation of registration) does not apply on and after that day in
relation to the registration application.
Note: If the registration had been taken to continue under subsection 300(4)
before the Division 8 commencement day, the registration would end
at the start of that day (see section 333B).
(4) Despite section 291 (applicant must not be registered if registration

refused in past year), if the person’s registration application is
refused because of section 289B (inserted by Schedule 1 to the
amending Act), the refusal of the application does not prevent the
person from being registered as a migration agent in accordance
with a later registration application made at any time on or after the
Division 8 commencement day.
333E Events required to be notified under s 312(4)

Subsection 312(4) (added by Schedule 1 to the amending Act)
applies to require a registered migration agent to notify the
Migration Agents Registration Authority that the agent has become
a restricted or unrestricted legal practitioner if the agent becomes
such a practitioner on or after the Division 8 commencement day.

Part 4 Offences relating to decisions under Act
Section 334
Part 4—Offences relating to decisions under Act
334 Offences in relation to false or misleading statements regarding

the making of decisions
(a) the person makes a statement; and
(b) the statement is about:
(i) the person’s ability or power; or
(ii) another person’s ability or power;
to induce or influence the making of decisions, or of a
particular decision, under this Act; and
(c) the statement is false or misleading.
(a) the person makes a statement; and
(b) the statement is about the effect of:
(i) the person’s actions; or
(ii) another person’s actions;
on the making of a decision under this Act; and
(c) the statement is false or misleading.
335 Offence of undertaking, for reward, to cause decisions to be

made etc.
A person must not enter an arrangement under which he or she
undertakes, in return for a payment or other reward, that a decision
under this Act to a particular effect will be made.

Offences relating to decisions under Act Part 4
Section 336
336 Court may order reparation for loss suffered

(1) Where:
(a) a person is convicted by a court of an offence against this
Part; and
(b) because of that offence, another person has suffered loss;
the court may, in addition to any penalty imposed on the offender,
order the offender to make to the other person such reparation
(whether by payment of money or otherwise) as the court thinks fit.
(2) Where:
(a) a court makes an order for the making of reparation by
payment of an amount of money; and
(b) the clerk, or other appropriate officer, of the court signs a
certificate specifying:
(i) the amount ordered to be paid; and
(ii) the person by whom the amount is to be paid; and
(iii) the person to whom the amount is to be paid; and
(c) the certificate is filed in a court having civil jurisdiction to
the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of
the court in which the certificate is filed.
(3) The court may not, under subsection (1), order reparation in respect
of an amount paid by a person if that amount has been recovered
by the person under section 313.
(4) If an amount paid by a person could be recovered by the person
under section 313, the following provisions apply:
(a) if, under subsection (1), a court orders the person to whom
the amount was paid to make reparation to the first person,
the court must state in the order whether the reparation
ordered includes reparation for the amount paid;
(b) if a court states in an order under subsection (1) that the
reparation ordered is or includes reparation for the amount
paid, the amount is not recoverable under section 313.

Part 4A Obligations relating to identifying information
Section 336A
Part 4A—Obligations relating to identifying

information
336A Definitions
In this Part:
data base means a discrete body of information stored by
electronic means, containing:
(a) indexes of persons who have provided personal identifiers in
accordance with a requirement under this Act; and
(b) their identifying information.
destroy, in relation to identifying information, has the meaning
given by subsection 336K(4).
disclose, in relation to identifying information that is a personal
identifier referred to in paragraph (a) of the definition of
identifying information in this section, includes provide
unauthorised access to the personal identifier.
Note: Section 336D deals with authorised access to identifying information.
identifying information means the following:

(a) any personal identifier obtained by the Department for one or
more of the purposes referred to in subsection 5A(3);
(b) any meaningful identifier derived from any such personal
identifier;
(c) any record of a result of analysing any such personal
identifier or any meaningful identifier derived from any such
personal identifier;
(d) any other information, derived from any such personal
identifier, from any meaningful identifier derived from any
such personal identifier or from any record of a kind referred
to in paragraph (c), that could be used to discover a particular

Obligations relating to identifying information Part 4A
Section 336B
person’s identity or to get information about a particular

person.
permitted disclosure has the meaning given by
subsections 336E(2) and (3).
unauthorised impairment has the meaning given by section 336J.
unauthorised modification has the meaning given by section 336J.
336B Application
Section 15.4 of the Criminal Code (extended geographical
jurisdiction—category D) applies to all offences against this Part.

Division 2 Accessing identifying information
Section 336C
Division 2—Accessing identifying information
336C Accessing identifying information

(a) the person accesses identifying information; and
(b) the person is not authorised under section 336D to access the
identifying information for the purpose for which the person
accessed it.
Penalty: Imprisonment for 2 years, or 120 penalty units, or both.
(1A) This section does not apply if the person believes on reasonable
grounds that the access is necessary to prevent or lessen a serious
and imminent threat to the life or health of the person or of any
other person.
subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) This section does not apply if the access is through a disclosure
that is a permitted disclosure.
subsection (2) (see subsection 13.3(3) of the Criminal Code).
336D Authorising access to identifying information

(1) The Secretary or Australian Border Force Commissioner may, in
writing, authorise a specified person, or any person included in a
specified class of persons, to access identifying information of the
kind specified in the authorisation.
(2) The Secretary or Australian Border Force Commissioner must
specify in an authorisation under this section, as the purpose or
purposes for which access is authorised, one or more of the
following purposes:
(a) one or more of the purposes set out in subsection 5A(3);

Accessing identifying information Division 2
Section 336D
(b) disclosing identifying information in accordance with this

Part;
(c) administering or managing the storage of identifying
information;
(d) making identifying information available to the person to
whom it relates;
(e) modifying identifying information to enable it to be matched
with other identifying information;
(f) modifying identifying information in order to correct errors
or ensure compliance with appropriate standards;
(g) the purposes of:
(i) this Act or an instrument made under this Act; or
(ii) the Australian Citizenship Act 2007 or an instrument
made under that Act; or
(iii) the Customs Act 1901 or an instrument made under that
Act; or
(iv) any other law of the Commonwealth prescribed by the
regulations;
(h) complying with laws of the Commonwealth or the States or
Territories.
(3) However, the Secretary or Australian Border Force Commissioner
must not specify as a purpose for which access is authorised a
purpose that will include or involve the purpose of:
(a) investigating an offence against a law of the Commonwealth
or a State or Territory; or
(b) prosecuting a person for such an offence;
if the identifying information in question relates to a personal
identifier of a prescribed type.

Division 3 Disclosing identifying information
Section 336E
Division 3—Disclosing identifying information
336E Disclosing identifying information

(a) the person’s conduct causes disclosure of identifying
information; and
(b) the disclosure is not a permitted disclosure.
(1A) This section does not apply if the person believes on reasonable
grounds that the disclosure is necessary to prevent or lessen a
serious and imminent threat to the life or health of the person or of
any other person.
subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2) A permitted disclosure is a disclosure that:

(a) is for the purpose of data-matching in order to:
(i) identify, or authenticate the identity of, a person; or
(ii) facilitate the processing of persons entering or departing
from Australia; or
(iii) identify non-citizens who have a criminal history or
who are of character concern; or
(iiia) identify persons who may be a security concern to
Australia or a foreign country; or
(iv) combat document and identity fraud in immigration
matters; or
(v) ascertain whether an applicant for a protection visa had
sufficient opportunity to avail himself or herself of
protection before arriving in Australia; or
(vi) inform the governments of foreign countries of the
identity of non-citizens who are, or are to be, removed,
taken or deported from Australia; or

Disclosing identifying information Division 3
Section 336E
(b) is for the purpose of administering or managing the storage

of identifying information; or
(ba) is for the purpose of:
(i) this Act or an instrument made under this Act; or
(ii) the Australian Citizenship Act 2007 or an instrument
made under that Act; or
(iii) the Customs Act 1901 or an instrument made under that
Act; or
(iv) any other law of the Commonwealth prescribed by the
regulations; or
(c) is authorised under section 336F and is for the purpose, or
one or more of the purposes, for which the disclosure is
authorised; or
(d) is for the purpose of making the identifying information in
question available to the person to whom it relates; or
(da) is to an agency of the Commonwealth or of a State or
Territory in order to verify that a person is an Australian
citizen or holds a visa of a particular class; or
(e) takes place under an arrangement entered into with an agency
of the Commonwealth, or with a State or Territory or an
agency of a State or Territory, for the exchange of identifying
information; or
(ea) is reasonably necessary for the enforcement of the criminal
law of the Commonwealth or of a State or Territory; or
(eb) is required by or under a law of the Commonwealth or of a
State or Territory; or
(ec) is for the purpose of identifying non-citizens who have a
criminal history or who are of character concern; or
(ed) is for the purpose of identifying persons who may be a
security concern to Australia or a foreign country; or
(f) is for the purpose of a proceeding, before a court, the
Tribunal or another tribunal, or the Immigration Assessment
Authority, relating to the person to whom the identifying
information in question relates; or

Section 336E
(g) is for the purpose of an investigation by the Information

Commissioner or the Ombudsman relating to action taken by
the Department; or
(ga) is for the purpose of facilitating or expediting the exercise of
powers, or performance of functions, of the Migration Agents
Registration Authority; or
(gb) is for the purposes of the extradition of persons to or from
Australia, including the making of, or the consideration of
whether to make, a request for extradition; or
(gc) is for the purposes of:
(i) the provision, or proposed provision, of international
assistance in criminal matters by the Attorney-General,
or an officer of his or her Department, to a foreign
country; or
(ii) the obtaining, or proposed obtaining, of international
assistance in criminal matters by the Attorney-General,
or an officer of his or her Department, from a foreign
country; or
(h) is made to a prescribed body or agency for the purpose of the
body or agency inquiring into the operation of provisions of
this Act relating to:
(i) carrying out an identification test; or
(ii) requiring the provision of a personal identifier; or
(ha) is a disclosure of an audio or a video recording for the
purposes of:
(i) this Act or the regulations or the Australian Citizenship
Act 2007 or the regulations made under that Act; and
(ii) transcribing or translating the recording, or conducting
language analysis or accent analysis of the recording; or
(i) takes place with the written consent of the person to whom
the identifying information in question relates; or
(j) is authorised by section 336FA; or
(k) is authorised by section 336FC.

Section 336F
(3) However, a disclosure is not a permitted disclosure if:

(a) it is a disclosure of identifying information relating to a
personal identifier of a prescribed type; and
(b) it is for the purpose of:
(i) investigating an offence against a law of the
Commonwealth or a State or Territory; or
(ii) prosecuting a person for such an offence.
336F Authorising disclosure of identifying information to foreign

countries etc.
(1) The Secretary or Australian Border Force Commissioner may, in
writing, authorise a specified officer, or any officer included in a
specified class of officers, to disclose identifying information of
the kind specified in the authorisation to one or more of the
following:
(a) one or more specified foreign countries;
(b) one or more specified bodies each of which is:
(i) a police force or police service of a foreign country; or
(ii) a law enforcement body of a foreign country (including
a war crimes tribunal); or
(iii) a border control body of a foreign country;
(c) one or more specified international organisations, or
specified organisations of foreign countries, that are
responsible for the registration of people as part of refugee or
humanitarian programs;
(d) one or more prescribed bodies of a foreign country, of the
Commonwealth or of a State or Territory;
(e) one or more prescribed international organisations.
specify in the authorisation, as the purpose or purposes for which
disclosure is authorised, one or more of the purposes set out in
subsection 5A(3).
(3) A disclosure is taken not to be authorised under this section if:
(a) the person to whom the identifying information relates is:

Section 336F
(i) an applicant for a protection visa; or

(ii) an unauthorised maritime arrival who makes a claim for
protection as a refugee; or
(iii) an unauthorised maritime arrival who makes a claim for
protection on the basis that the person will suffer
significant harm; and
(b) the disclosure is to a foreign country in respect of which the
application or claim is made, or a body of such a country.
(4) A disclosure is taken not to be authorised under this section if:
(a) the person to whom the identifying information relates is:
(i) an applicant for a protection visa; or
(ii) an unauthorised maritime arrival who makes a claim for
protection as a refugee; or
(iii) an unauthorised maritime arrival who makes a claim for
protection on the basis that the person will suffer
significant harm; and
(b) the officer making the disclosure is not reasonably satisfied
that the country or body to which the disclosure is made will
not disclose the identifying information to a foreign country
in respect of which the application or claim is made, or a
body of such a country.
(5) However, if:
(a) the person to whom the identifying information relates has
requested or agreed to return to the foreign country in respect
of which the application or claim is made; or
(b) the person is an applicant for a protection visa, and the
application has been refused and finally determined; or
(c) the person is an unauthorised maritime arrival:
(i) who makes a claim for protection as a refugee; and
(ii) who, following assessment of his or her claim, is found
not to be a person in respect of whom Australia has
protection obligations; or
(ca) the person is an unauthorised maritime arrival:

Section 336F
(i) who makes a claim for protection on the basis that the
person will suffer significant harm; and
not to be a person for whom there is a real risk of
suffering significant harm; or
(cb) the person is an unauthorised maritime arrival:
to be a person in respect of whom there are serious
reasons for considering that he or she has committed a
crime against peace, a war crime or a crime against
humanity (as defined by international instruments
prescribed by the regulations) or a serious non-political
crime before entering Australia, or that he or she has
been guilty of acts contrary to the purposes and
principles of the United Nations; or
(cc) the person is an unauthorised maritime arrival:
to be a person in respect of whom there are reasonable
grounds for considering that he or she is a danger to
Australia’s security or is a person who, having been
convicted by a final judgment of a particularly serious
crime (including a crime that consists of the commission
of a serious Australian offence or serious foreign
offence), is a danger to the Australian community;
then:
(d) subsection (3) does not apply to a disclosure to that country
or to a body of that country; and
(e) subsection (4) does not apply to a disclosure to a body or
country that may disclose the identifying information to that
foreign country or to a body of that country.
Note: See subsection 5(9) for when an application is finally determined.

Section 336FA
336FA Disclosure of certain personal identifiers to selected

individuals
(1) For the purposes of paragraph 336E(2)(j), this section authorises
the disclosure, by an officer, of identifying information that relates
to a person (the subject) if:
(a) the information disclosed is a personal identifier within the
meaning of paragraph (b), (c), (d) or (f) of the definition of
personal identifier in subsection 5A(1); and
(b) the disclosure is made to an individual; and
(c) the disclosure is for the purpose of obtaining the individual’s
help to do one or more of the following in connection with
the administration of this Act:
(i) identify, authenticate the identity of, or locate, the
subject;
(ii) refer the officer to another person who might be able to
help identify, authenticate the identity of, or locate, the
subject; and
(d) the officer has reasonable grounds to believe that the
individual might be able to provide the help that is the
purpose of the officer’s disclosure; and
(e) the officer is satisfied that it is reasonably necessary to make
the disclosure to the individual in order to obtain that help;
and
(f) the information is only disclosed to the extent necessary in
order to obtain that help.
Note: The personal identifiers covered by this section are measurements of a
person’s height and weight, photographs or other images of a person’s
face and shoulders, audio or video recordings of a person (other than
video recordings under section 261AJ) and signatures.
(2) Nothing in subsection (1) prevents an officer from disclosing the

personal identifier to more than one individual at the same time, as
long as the requirements of subsection (1) are met in relation to
each one of those individuals.

Section 336FB
336FB Disclosure of other relevant information to selected

individuals
(1) An officer may disclose, to an individual, personal information
about a person (the subject) if:
(a) the officer is disclosing, to the individual, a personal
identifier of the subject and the disclosure is authorised by
section 336FA; and
(b) the personal information is disclosed together with the
personal identifier; and
(c) paragraphs 336FA(1)(b), (c), (d), (e) and (f) are met in
relation to the personal information as well as the personal
identifier.
(2) This section does not apply to personal information that is
identifying information.
(3) Nothing in subsection (1) prevents an officer from disclosing the
personal information to more than one individual at the same time,
as long as the requirements of paragraphs 336FA(1)(b), (c), (d), (e)
and (f) are met in relation to each one of those individuals.
336FC Disclosure of certain personal identifiers to the general

public
(1) For the purposes of paragraph 336E(2)(k), this section authorises
the disclosure of identifying information that relates to a person
(the subject) who is not a minor, if:
(a) the information disclosed is a personal identifier within the
meaning of paragraph (b), (c), (d) or (f) of the definition of
personal identifier in subsection 5A(1); and
(b) the disclosure is for the purpose of obtaining the public’s
help to identify, authenticate the identity of, or locate, the
subject, in connection with the administration of this Act; and
(c) the Secretary or Australian Border Force Commissioner has
authorised, in writing, disclosure of the personal identifier.
Note: The personal identifiers covered by this section are measurements of a
person’s height and weight, photographs or other images of a person’s

Section 336FC
face and shoulders, audio or video recordings of a person (other than

video recordings under section 261AJ) and signatures.
(2) The Secretary or Australian Border Force Commissioner must not

authorise disclosure of the personal identifier unless:
(a) the Secretary or Australian Border Force Commissioner is
satisfied that other reasonable steps have been taken to
identify, authenticate the identity of, or locate, the subject;
and
(b) either:
(i) the Secretary or Australian Border Force Commissioner
is satisfied that the subject has been informed of the
proposed disclosure (including the personal identifier
that is to be disclosed and the manner in which the
disclosure is to be made) and the Secretary or Australian
Border Force Commissioner has either considered the
subject’s views in relation to the proposed disclosure or
been satisfied that the subject has no views in relation to
it; or
(ii) the Secretary or Australian Border Force Commissioner
is satisfied that the subject cannot be found; and
(c) the Secretary or Australian Border Force Commissioner has
considered the sensitivity of the personal identifier that is to
be disclosed; and
(d) the Secretary or Australian Border Force Commissioner is
satisfied that it is reasonably necessary to authorise
disclosure in order to identify, authenticate the identity of, or
locate, the subject; and
(e) if personal information that is not identifying information is
to be disclosed together with the personal identifier—the
Secretary or Australian Border Force Commissioner is
satisfied that it is reasonably necessary to disclose the
personal information together with the personal identifier in
order to identify, authenticate the identity of, or locate, the
subject.
(3) For the purposes of subparagraph (2)(b)(i), if the subject does not
express a view in relation to the proposed disclosure within a

Section 336FD
reasonable time of being informed of it, the Secretary or Australian

Border Force Commissioner is entitled to be satisfied that the
subject has no views in relation to it.
(4) If the Secretary or Australian Border Force Commissioner
authorises disclosure of a personal identifier under
paragraph (1)(c), the authority covers all disclosures of the
identifier made for the purpose mentioned in paragraph (1)(b).
(5) An authority under paragraph (1)(c) is not a legislative instrument.
336FD Disclosure of other relevant information to the general public

(1) For the purposes of paragraph 6.2(b) of Australian Privacy
Principle 6, the disclosure by a person of personal information
about another person (the subject) is taken to be a disclosure that is
authorised by this Act if:
(a) the person is disclosing a personal identifier of the subject
and the disclosure is authorised by section 336FC; and
(b) the personal information is disclosed together with the
personal identifier; and
(c) the disclosure of the personal information is for the purpose
mentioned in paragraph 336FC(1)(b).
(2) This section does not apply to personal information that is
identifying information.

Division 4 Modifying and impairing identifying information
Section 336G
Division 4—Modifying and impairing identifying

information
336G Unauthorised modification of identifying information

A person commits an offence if:
(a) the person causes any unauthorised modification of
identifying information; and
(b) the person intends to cause the modification; and
(c) the person knows that the modification is unauthorised.
336H Unauthorised impairment of identifying information

A person commits an offence if:
(a) the person causes any unauthorised impairment of:
(i) the reliability of identifying information; or
(ii) the security of the storage of identifying information; or
(iii) the operation of a system by which identifying
information is stored; and
(b) the person intends to cause the impairment; and
(c) the person knows that the impairment is unauthorised.
336J Meanings of unauthorised modification and unauthorised

impairment etc.
(1) In this Part:
(a) modification of identifying information; or
(b) impairment of the reliability of identifying information; or
(c) impairment of the security of the storage of identifying
information; or

Modifying and impairing identifying information Division 4
Section 336J
(d) impairment of the operation of a system by which identifying

information is stored;
by a person is unauthorised if the person is not entitled to cause
that modification or impairment.
(2) Any such modification or impairment caused by the person is not
unauthorised merely because he or she has an ulterior purpose for
causing it.
(3) For the purposes of an offence under this Part, a person causes any
such unauthorised modification or impairment if the person’s
conduct substantially contributes to it.
(4) For the purposes of subsection (1), if:
(a) a person causes any modification or impairment of a kind
mentioned in that subsection; and
(b) the person does so under a warrant issued under the law of
the Commonwealth, a State or a Territory;
the person is entitled to cause that modification or impairment.

Division 5 Destroying identifying information
Section 336K
Division 5—Destroying identifying information
336K Destroying identifying information

(a) the person is the responsible person for identifying
information; and
(b) the identifying information is not of a kind that may, under
section 336L, be indefinitely retained; and
(c) the person fails to destroy the identifying information as soon
as practicable after the person is no longer required under the
Archives Act 1983 to keep the identifying information.
Note: See section 24 of the Archives Act 1983 (particularly paragraphs
24(2)(b) and (c)) on the obligation to keep the identifying information.
(2) This section does not apply if the identifying information is:
(a) a personal identifier that is any of the following:
(i) a measurement of a person’s height and weight;
(ii) a photograph or other image of a person’s face and
shoulders;
(iii) a person’s signature; or
(b) identifying information derived from or relating to such a
personal identifier.
Note: A defendant bears an evidential burden in relation to the matters in
(3) For the purposes of this section, the responsible person for
identifying information is:
(a) if the identifying information is stored on a database—the
person who has day-to-day control of the database; or
(b) otherwise—the person who has day-to-day responsibility for
the system under which the identifying information is stored.
(4) Identifying information is destroyed if:

Destroying identifying information Division 5
Section 336L
(a) in the case of identifying information that is a personal

identifier—it is physically destroyed; and
(b) in any other case—any means of identifying it with the
person to whom it relates is destroyed.
336L Identifying information that may be indefinitely retained

(1) Identifying information may be indefinitely retained if the
non-citizen to whom it relates:
(a) is, or has ever been, in immigration detention; or
(b) has ever had an application for a visa refused, or has ever had
a visa cancelled; or
(c) has ever:
(i) entered Australia on a temporary visa; and
(ii) since its expiry, remained in Australia as an unlawful
non-citizen; or
(d) has ever been convicted of an offence against this Act or the
regulations; or
(e) has ever been subject to action taken under this Act or the
regulations for the purpose of:
(i) deporting the non-citizen; or
(ii) removing the non-citizen from Australia; or
(f) is a person in respect of whom the Minister has issued a
conclusive certificate under subsection (4).
(2) Paragraph (1)(a) does not apply in relation to detention that occurs
only because the non-citizen is, or was, detained for questioning
detention (see section 192). However, this subsection does not
apply if the detention leads to detention under section 189 because
of the application of subsection 190(2).
(3) Paragraph (1)(b) does not apply if the decision to refuse the
application for the visa, or to cancel the visa, was set aside on a
review.
(4) The Minister may issue a conclusive certificate in respect of a
non-citizen if the Minister is satisfied that:

Division 5 Destroying identifying information
Section 336L
(a) the non-citizen is a threat to the security of the

Commonwealth or of a State or Territory; or
(b) it is in the public interest to do so.
(5) The power under subsection (4) may only be exercised by the
Minister personally.

Review of Part 5-reviewable decisions Part 5
Interpretation Division 1
Section 336M
Part 5—Review of Part 5-reviewable decisions

Division 1—Interpretation
336M Simplified outline of this Part
This Part provides for the review of Part 5-reviewable decisions by

the Administrative Appeals Tribunal in its Migration and Refugee
Division.
Part 5-reviewable decisions relate to the grant or cancellation of

visas in some circumstances. They do not include decisions
relating to protection visas or temporary safe haven visas, or
decisions in relation to which the Minister has given a conclusive
certificate.
Part 7-reviewable decisions (which generally relate to protection

visas) are reviewable in accordance with Part 7 by the
Administrative Appeals Tribunal in its Migration and Refugee
Division.
Some other decisions under this Act may be reviewed by the

Administrative Appeals Tribunal in its General Division, including
the following:
(a) some decisions to cancel business visas;
(b) some decisions relating to migration agents;
(c) some decisions relating to deportation, protection visas
and the refusal or cancellation of visas on character
grounds.
Fast track reviewable decisions are reviewable by the Immigration

Assessment Authority under Part 7AA of this Act. These are
decisions to refuse protection visas to some applicants, including
unauthorised maritime arrivals who entered Australia on or after
13 August 2012.

Part 5 Review of Part 5-reviewable decisions
Division 1 Interpretation
Section 336N
336N Scope of this Part

(1) This Part applies in relation to the review by the Tribunal of
Part 5-reviewable decisions (see section 338).
(2) The Tribunal’s powers in relation to Part 5-reviewable decisions
may be exercised by the Tribunal only in its Migration and
Refugee Division.
337 Interpretation
In this Part:
Australian permanent resident means an Australian permanent
resident within the meaning of the regulations.
company includes any body or association (whether or not it is
incorporated), but does not include a partnership.
decision on a review means any of the following decisions of the
Tribunal in relation to an application for review of a
Part 5-reviewable decision:
(a) a decision to affirm the Part 5-reviewable decision;
(b) a decision to vary the Part 5-reviewable decision;
(c) a decision under paragraph 349(2)(c) to remit a matter in
relation to the Part 5-reviewable decision for reconsideration;
(d) a decision to set the Part 5-reviewable decision aside and
substitute a new decision;
(e) a decision under paragraph 362B(1C)(b) or
subsection 362B(1E) to confirm a decision to dismiss the
application.
member means a member of the Tribunal.
nominated has the same meaning as in the regulations.
officer of the Tribunal has the meaning given by the
Administrative Appeals Tribunal Act 1975.
Part 5-reviewable decision: see section 338.

Section 337
Registrar means the Registrar of the Tribunal.

sponsored has the same meaning as in the regulations.
Note: “Tribunal” means the Administrative Appeals Tribunal. See the
definition in subsection 5(1).

Division 2 Part 5-reviewable decisions
Section 338
Division 2—Part 5-reviewable decisions
338 Definition of Part 5-reviewable decision

(1) A decision is a Part 5-reviewable decision if this section so
provides, unless:
(a) the Minister has issued a conclusive certificate under
section 339 in relation to the decision; or
(b) the decision is a Part 7-reviewable decision; or
(c) the decision is to refuse to grant, or to cancel, a temporary
safe haven visa; or
(d) the decision is a fast track decision.
(2) A decision (other than a decision covered by subsection (4) or
made under section 501) to refuse to grant a non-citizen a visa is a
Part 5-reviewable decision if:
(a) the visa could be granted while the non-citizen is in the
migration zone; and
(b) the non-citizen made the application for the visa while in the
migration zone; and
(c) the decision was not made when the non-citizen:
(i) was in immigration clearance; or
(ii) had been refused immigration clearance and had not
subsequently been immigration cleared; and
(d) if the visa is a temporary visa of a kind (however described)
prescribed for the purposes of this paragraph:
(i) the non-citizen is, at the time the decision to refuse to
grant the visa is made, identified in an approved
nomination that has not ceased under the regulations; or
(ii) a review of a decision under section 140E not to
approve the sponsor of the non-citizen is pending at the
time the decision to refuse to grant the visa is made; or
(iii) a review of a decision under section 140GB not to
approve the nomination of the non-citizen is pending at

Part 5-reviewable decisions Division 2
Section 338
the time the decision to refuse to grant the visa is made;

or
(iv) except if it is a criterion for the grant of the visa that the
non-citizen is identified in an approved nomination that
has not ceased under the regulations—the non-citizen is,
at the time the decision to refuse to grant the visa is
made, sponsored by an approved sponsor.
(3) A decision to cancel a visa held by a non-citizen who is in the
migration zone at the time of the cancellation is a
Part 5-reviewable decision unless the decision:
(a) is covered by subsection (4); or
(b) is made at a time when the non-citizen was in immigration
clearance; or
(c) was made under section 133A or 133C, subsection 134(1),
(3A) or (4) or section 501; or
(d) was made personally by the Minister under section 109 or
116 or subsection 140(2).
(3A) A decision under section 137L not to revoke the cancellation of a
non-citizen’s visa is a Part 5-reviewable decision if the non-citizen
was in the migration zone when the decision was made.
(4) The following decisions are Part 5-reviewable decisions:
(a) a decision to refuse to grant a bridging visa to a non-citizen
who is in immigration detention because of that refusal;
(b) a decision of a delegate of the Minister to cancel a bridging
visa held by a non-citizen who is in immigration detention
because of that cancellation;
(c) a decision to not grant a non-citizen a Subclass 070 (Bridging
(Removal Pending)) visa under a provision of the regulations
prescribed for the purposes of subsection 76E(4) that is not
subject to any one or more of the conditions prescribed for
the purposes of paragraph 76E(1)(a).
(5) A decision to refuse to grant a non-citizen a visa is a

Section 338
(a) the visa is a visa that could not be granted while the
non-citizen is in the migration zone; and
(b) the non-citizen, as required by a criterion for the grant of the
visa, was sponsored or nominated by:
(i) an Australian citizen; or
(ii) a company that operates in the migration zone; or
(iii) a partnership that operates in the migration zone; or
(iv) the holder of a permanent visa; or
(v) a New Zealand citizen who holds a special category
visa.
(b) a criterion for the grant of the visa is that the non-citizen has
been an Australian permanent resident; and
(c) a parent, spouse, de facto partner, child, brother or sister of
the non-citizen is an Australian citizen or an Australian
permanent resident.
Note: Section 5G may be relevant for determining family relationships for
the purposes of this subsection.

(b) a criterion for the grant of the visa is that the non-citizen
intends to visit an Australian citizen, or an Australian
permanent resident, who is a parent, spouse, de facto partner,
child, brother or sister of the non-citizen; and
(c) particulars of the relative concerned are included in the
application.
the purposes of this subsection.

Section 339
(7A) A decision to refuse to grant a non-citizen a permanent visa is a

(a) the non-citizen made the application for the visa at a time
when the non-citizen was outside the migration zone; and
(b) the visa is a visa that could be granted while the non-citizen
is either in or outside the migration zone.
(8) A decision, under section 93, as to the assessed score of an
applicant for a visa is a Part 5-reviewable decision if:
(a) the visa is a visa that could not be granted while the applicant
is in the migration zone; and
(b) the applicant, as required by a criterion for the grant of the
visa, was sponsored or nominated by:
(i) an Australian citizen; or
(ii) the holder of a permanent visa; or
(iii) a New Zealand citizen who holds a special category
visa; and
(c) the Minister has not refused to grant the visa.
(9) A decision that is prescribed for the purposes of this subsection is a
Part 5-reviewable decision.
339 Conclusive certificates

The Minister may issue a conclusive certificate in relation to a
decision if the Minister believes that:
(a) it would be contrary to the national interest to change the
decision; or
(b) it would be contrary to the national interest for the decision
to be reviewed.
Note: If the Minister issues a conclusive certificate in relation to a decision,
the decision is not a Part 5-reviewable decision (see
subsections 338(1) and 348(2)).

Division 3 Part 5-reviewable decisions: Tribunal review
Section 347
Division 3—Part 5-reviewable decisions: Tribunal review
347 Application for review of Part 5-reviewable decisions

(1) An application for review of a Part 5-reviewable decision must:
(a) be made in the approved form; and
(b) be given to the Tribunal within the prescribed period, being a
period ending not later than:
(i) if the Part 5-reviewable decision is covered by
subsection 338(2), (3), (3A), (4) or (7A)—28 days after
the notification of the decision; or
(ii) if the Part 5-reviewable decision is covered by
subsection 338(5), (6), (7) or (8)—70 days after the
notification of the decision; or
(iii) if the Part 5-reviewable decision is covered by
subsection 338(9)—the number of days prescribed, in
respect of the kind of decision in question prescribed for
the purposes of that subsection, after the notification of
the decision; and
(c) be accompanied by the prescribed fee (if any).
(2) An application for review may only be made by:
(a) if the Part 5-reviewable decision is covered by
subsection 338(2), (3), (3A), (4) or (7A)—the non-citizen
who is the subject of that decision; or
(b) if the Part 5-reviewable decision is covered by
subsection 338(5) or (8)—the sponsor or nominator referred
to in the subsection concerned; or
(c) if the Part 5-reviewable decision is covered by
subsection 338(6) or (7)—the relative referred to in the
subsection concerned; or
(d) if the Part 5-reviewable decision is covered by
subsection 338(9)—the person prescribed in respect of the
kind of decision in question prescribed for the purposes of
that subsection.

Part 5-reviewable decisions: Tribunal review Division 3
Section 348

the purposes of paragraph (2)(c).
(3) If the Part 5-reviewable decision was covered by

subsection 338(2), (3), (3A) or (4), an application for review may
only be made by a non-citizen who is physically present in the
migration zone when the application for review is made.
(3A) If the Part 5-reviewable decision was covered by
subsection 338(7A), an application for review may only be made
by a non-citizen who:
(a) was physically present in the migration zone at the time when
the decision was made; and
(b) is physically present in the migration zone when the
application for review is made.
(4) If the Part 5-reviewable decision was covered by
subsection 338(4), the approved form for an application for review
must include a statement advising the applicant that the applicant
may:
(a) request the opportunity to appear before the Tribunal; and
(b) request the Tribunal to obtain oral evidence from a specified
person or persons.
A request must be made in the approved form and must accompany
the application for review.
(5) Regulations made for the purposes of paragraph (1)(b) may specify
different periods in relation to different classes of
Part 5-reviewable decisions (which may be decisions that relate to
non-citizens in a specified place).
348 Tribunal to review Part 5-reviewable decisions

(1) Subject to subsection (2), if an application is properly made under
section 347 for review of a Part 5-reviewable decision, the
Tribunal must review the decision.

Section 349
(2) The Tribunal must not review, or continue to review, a decision in

relation to which the Minister has issued a conclusive certificate
under section 339.
349 Tribunal powers on review of Part 5-reviewable decisions

(1) The Tribunal may, for the purposes of the review of a
Part 5-reviewable decision, exercise all the powers and discretions
that are conferred by this Act on the person who made the decision.
(2) The Tribunal may:
(a) affirm the decision; or
(b) vary the decision; or
(c) if the decision relates to a prescribed matter—remit the
matter for reconsideration in accordance with such directions
or recommendations of the Tribunal as are permitted by the
regulations; or
(d) set the decision aside and substitute a new decision; or
(e) if the applicant fails to appear—exercise a power under
section 362B in relation to the dismissal or reinstatement of
an application.
(3) If the Tribunal:
(a) varies the decision; or
(b) sets aside the decision and substitutes a new decision;
the decision as varied or substituted is taken (except for the
purpose of appeals from decisions of the Tribunal) to be a decision
of the Minister.
(4) To avoid doubt, the Tribunal must not, by varying a decision or
setting a decision aside and substituting a new decision, purport to
make a decision that is not authorised by the Act or the regulations.
350 Review of assessments made under section 93

(1) In reviewing an assessment of the Minister under section 93, the
only regulations for the purpose of that section which the Tribunal

Section 351
is to have regard to are whichever of the following are more

favourable to the applicant:
(a) the regulations for that purpose that were in force at the time
the assessment was made by the Minister;
(b) the regulations for that purpose that are in force at the time
the decision was made by the Tribunal about the assessment.
(2) In determining whether the regulations mentioned in
paragraph (1)(a) or (1)(b) are more favourable to the applicant, the
only applicable pass mark and applicable pool mark that the
Tribunal may have regard to are:
(a) in relation to regulations covered by paragraph (1)(a)—the
applicable pass mark and the applicable pool mark that
applied at the time the assessment was made by the Minister;
and
(b) in relation to regulations covered by paragraph (1)(b)—the
applicable pass mark and the applicable pool mark that
applied at the time the decision is made by the Tribunal about
the assessment.
351 Minister may substitute more favourable decision

(1) If the Minister thinks that it is in the public interest to do so, the
Minister may substitute for a decision of the Tribunal under
section 349 another decision, being a decision that is more
favourable to the applicant, whether or not the Tribunal had the
power to make that other decision.
(2) 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) If the Minister substitutes a decision under subsection (1), he or she
is to cause to be laid before each House of the Parliament a
statement that:

Section 352
(a) sets out the decision of the Tribunal; 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.
(5) A statement made under subsection (4) is not to include:
(a) the name of the applicant; or
(b) 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.
(6) A statement under subsection (4) 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.
(7) 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.
352 Tribunal to notify Secretary of application for review of

Part 5-reviewable decisions
(1) If an application for review is made to the Tribunal, the Registrar
must, as soon as practicable, give the Secretary written notice of
the making of the application.
(2) Subject to subsection (3), the Secretary must, within 10 working
days after being notified of the application, give to the Registrar
the prescribed number of copies of a statement about the decision
under review that:
(a) sets out the findings of fact made by the person who made
the decision; and

Section 352
(b) refers to the evidence on which those findings were based;

and
(c) gives the reasons for the decision.
(3) If the application is for review of a decision covered by
subsection 338(4) (certain bridging visa decisions), the Secretary
must comply with the requirements of subsection (2) within 2
working days after being notified of the application.
(4) The Secretary must, as soon as is practicable after being notified of
the application, give to the Registrar each other document, or part
of a document, that is in the Secretary’s possession or control and
is considered by the Secretary to be relevant to the review of the
decision.

Division 4 Part 5-reviewable decisions: Tribunal powers
Section 353
Division 4—Part 5-reviewable decisions: Tribunal powers
353 Tribunal’s way of operating

The Tribunal, in reviewing a Part 5-reviewable decision:
evidence; and
(b) shall act according to substantial justice and the merits of the
case.
353B Guidance decisions

(1) The President of the Tribunal, or the head of the Migration and
Refugee Division of the Tribunal, may, in writing, direct that a
decision (the guidance decision) of the Tribunal, or of the former
Migration Review Tribunal, specified in the direction is to be
complied with by the Tribunal in reaching a decision on a review
of a Part 5-reviewable decision of a kind specified in the direction.
(2) In reaching a decision on a review of a decision of that kind, the
Tribunal must comply with the guidance decision unless the
Tribunal is satisfied that the facts or circumstances of the decision
under review are clearly distinguishable from the facts or
circumstances of the guidance decision.
(3) However, non-compliance by the Tribunal with a guidance
decision does not mean that the Tribunal’s decision on a review is
an invalid decision.

Part 5-reviewable decisions: conduct of review Division 5
Section 357A
Division 5—Part 5-reviewable decisions: conduct of review
357A Exhaustive statement of natural justice hearing rule

(1) This Division is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the
matters it deals with.
(2) Sections 375, 375A and 376 and Division 8A, in so far as they
relate to this Division, are taken to be an exhaustive statement of
the requirements of the natural justice hearing rule in relation to the
matters they deal with.
(3) In applying this Division, the Tribunal must act in a way that is fair
and just.
358 Documents to be given to the Tribunal

(1) An applicant for review by the Tribunal may give the Tribunal:
(a) a written statement in relation to any matter of fact that the
applicant wishes the Tribunal to consider; and
(b) written arguments relating to the issues arising in relation to
the decision under review.
(2) The Secretary may give the Tribunal written argument relating to
the issues arising in relation to the decision under review.
359 Tribunal may seek information

(1) In conducting the review, the Tribunal may get any information
that it considers relevant. However, if the Tribunal gets such
information, the Tribunal must have regard to that information in
making the decision on the review.
(2) Without limiting subsection (1), the Tribunal may invite, either
orally (including by telephone) or in writing, a person to give
information.

Division 5 Part 5-reviewable decisions: conduct of review
Section 359AA
(3) If a written invitation under subsection (2) is given to a person

other than the Secretary, the invitation must be given:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the invitation is given to a person in immigration
detention—by a method prescribed for the purposes of giving
documents to such a person.
(4) If an invitation is given to the Secretary, the invitation must be
given by one of the methods specified in section 379B.
359AA Information and invitation given orally by Tribunal while

applicant appearing
(1) If an applicant is appearing before the Tribunal because of an
invitation under section 360:
(a) the Tribunal may orally give to the applicant clear particulars
of any information that the Tribunal considers would be the
reason, or a part of the reason, for affirming the decision that
is under review; and
(b) if the Tribunal does so—the Tribunal must:
(i) ensure, as far as is reasonably practicable, that the
applicant understands why the information is relevant to
the review, and the consequences of the information
being relied on in affirming the decision that is under
review; and
(ii) orally invite the applicant to comment on or respond to
the information; and
(iii) advise the applicant that he or she may seek additional
time to comment on or respond to the information; and
(iv) if the applicant seeks additional time to comment on or
respond to the information—adjourn the review, if the
Tribunal considers that the applicant reasonably needs
additional time to comment on or respond to the
information.

Section 359A
(2) A reference in this section to affirming a decision that is under

review does not include a reference to the affirmation of a decision
that is taken to be affirmed under subsection 362B(1F).
359A Information and invitation given in writing by Tribunal

(1) Subject to subsections (2) and (3), the Tribunal must:
(a) give to the applicant, in the way that the Tribunal considers
appropriate in the circumstances, clear particulars of any
information that the Tribunal considers would be the reason,
or a part of the reason, for affirming the decision that is under
review; and
(b) ensure, as far as is reasonably practicable, that the applicant
understands why it is relevant to the review, and the
consequences of it being relied on in affirming the decision
that is under review; and
(c) invite the applicant to comment on or respond to it.
(2) The information and invitation must be given to the applicant:
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a
person.
(3) The Tribunal is not obliged under this section to give particulars of
information to an applicant, nor invite the applicant to comment on
or respond to the information, if the Tribunal gives clear particulars
of the information to the applicant, and invites the applicant to
comment on or respond to the information, under section 359AA.
(4) This section does not apply to information:
(a) that is not specifically about the applicant or another person
and is just about a class of persons of which the applicant or
other person is a member; or
(b) that the applicant gave for the purpose of the application for
review; or

Section 359B
(ba) that the applicant gave during the process that led to the
decision that is under review, other than such information
that was provided orally by the applicant to the Department;
or
(c) that is non-disclosable information.
that is taken to be affirmed under subsection 362B(1F).
359B Requirements for written invitation etc.

(1) If a person is:
(a) invited in writing under section 359 to give information; or
(b) invited under section 359A to comment on or respond to
information;
the invitation is to specify the way in which the information, or the
comments or the response, may be given, being the way the
Tribunal considers is appropriate in the circumstances.
(2) If the invitation is to give information, or comments or a response,
otherwise than at an interview, the information, or the comments or
the response, are to be given within a period specified in the
invitation, being a prescribed period or, if no period is prescribed, a
reasonable period.
at an interview, the interview is to take place:
(a) at the place specified in the invitation; and
(b) at a time specified in the invitation, being a time within a
prescribed period or, if no period is prescribed, a reasonable
period.
(4) If a person is to respond to an invitation within a prescribed period,
the Tribunal may extend that period for a prescribed further period,
and then the response is to be made within the extended period.
(5) If a person is to respond to an invitation at an interview at a time
within a prescribed period, the Tribunal may change that time to:

Section 359C
(a) a later time within that period; or

(b) a time within that period as extended by the Tribunal for a
prescribed further period;
and then the response is to be made at an interview at the new time.
359C Failure to give information, comments or response in response

to written invitation
(1) If a person:
(a) is invited in writing under section 359 to give information;
and
(b) does not give the information before the time for giving it has
passed;
the Tribunal may make a decision on the review without taking any
further action to obtain the information.
(2) If the applicant:
(a) is invited under section 359A to comment on or respond to
information; and
(b) does not give the comments or the response before the time
for giving them has passed;
further action to obtain the applicant’s views on the information.
360 Tribunal must invite applicant to appear

(1) The Tribunal must invite the applicant to appear before the
Tribunal to give evidence and present arguments relating to the
issues arising in relation to the decision under review.
(2) Subsection (1) does not apply if:
(a) the Tribunal considers that it should decide the review in the
applicant’s favour on the basis of the material before it; or
(b) the applicant consents to the Tribunal deciding the review
without the applicant appearing before it; or
(c) subsection 359C(1) or (2) applies to the applicant.

Section 360A
(3) If any of the paragraphs in subsection (2) of this section apply, the
applicant is not entitled to appear before the Tribunal.
360A Notice of invitation to appear

(1) If the applicant is invited to appear before the Tribunal, the
Tribunal must give the applicant notice of the day on which, and
the time and place at which, the applicant is scheduled to appear.
(2) The notice must be given to the applicant:
person.
(4) The period of notice given must be at least the prescribed period
or, if no period is prescribed, a reasonable period.
(5) The notice must contain a statement of the effect of section 362B.
361 Applicant may request Tribunal to call witness and obtain

written material
(1) In the notice under section 360A, the Tribunal shall notify the
applicant:
(a) that he or she is invited to appear before the Tribunal to give
evidence and present arguments relating to the issues arising
in relation to the decision under review; and
(b) of the effect of subsections (2) and (2A) of this section.
(2) The applicant may, within 7 days after being notified under
subsection (1), give the Tribunal written notice that the applicant
wants the Tribunal to obtain oral evidence from a person or
persons named in the notice.

Section 362
(2A) The applicant may, within 7 days after being notified under
wants the Tribunal to obtain:
(a) written evidence from a person or persons named in the
notice; or
(b) other written material relating to the issues arising in relation
to the decision under review.
(3) If the Tribunal is notified by an applicant under subsection (2) or
(2A), the Tribunal must have regard to the applicant’s notice but is
not required to comply with it.
(4) This section does not apply to the review of a decision covered by
subsection 338(4) (certain bridging visa decisions).
362 Certain bridging visa decisions—request to call witnesses

(1) This section applies to the review of a decision covered by
subsection 338(4) if:
(a) the applicant, in a request in the approved form that
accompanied the application, requested the Tribunal to:
(i) give the applicant the opportunity to appear before it; or
(ii) obtain oral evidence from a specified person or persons;
and
(b) the applicant has been invited to appear before the Tribunal
in relation to the decision under review.
(2) If this section applies, the Tribunal:
(a) must have regard to the applicant’s request; but
(b) is not required to obtain evidence (oral or otherwise) from a
person named in the applicant’s request.
(3) To avoid doubt, nothing in this Division requires the Tribunal to
adjourn the review or to delay making a decision so that:
(a) the applicant may give evidence (oral or otherwise); or
(b) the Tribunal may obtain evidence (oral or otherwise) from
any other person.

Section 362A
362A Applicant entitled to have access to written material before

Tribunal
(1) Subject to subsections (2) and (3) of this section and sections 375A
and 376, the applicant, and any assistant under section 366A, are
entitled to have access to any written material, or a copy of any
written material, given or produced to the Tribunal for the purposes
of the review.
(2) This section does not override any requirements of the Privacy Act
1988. In particular, this section is not to be taken, for the purposes
of that Act, to require or authorise the disclosure of information.
(3) This section does not apply if the Tribunal has given the applicant
a copy of the statement required by subsection 368(1).
362B Failure of applicant to appear before Tribunal
Scope
(1) This section applies if the applicant:
(a) is invited under section 360 to appear before the Tribunal;
but
(b) does not appear before the Tribunal on the day on which, or
at the time and place at which, the applicant is scheduled to
appear.
Tribunal may make a decision on the review or dismiss

proceedings
(1A) The Tribunal may:
(a) by written statement under section 368, make a decision on
the review without taking any further action to allow or
enable the applicant to appear before it; or
(b) by written statement under section 362C, dismiss the
application without any further consideration of the
application or information before the Tribunal.

Section 362B
Note 1: Under section 368A, the Tribunal must notify the applicant of a
decision on the review.
Note 2: Under section 362C, the Tribunal must notify the applicant of a
decision to dismiss the application.
Reinstatement of application or confirmation of dismissal

(1B) If the Tribunal dismisses the application, the applicant may, within
14 days after receiving notice of the decision under section 362C,
apply to the Tribunal for reinstatement of the application.
Note: Section 379C sets out when a person (other than the Secretary) is
taken to have received a document from the Tribunal for the purposes
of this Part.
(1C) On application for reinstatement in accordance with

subsection (1B), the Tribunal must:
(a) if it considers it appropriate to do so—reinstate the
application, and give such directions as it considers
appropriate in the circumstances, by written statement under
section 362C; or
(b) confirm the decision to dismiss the application, by written
statement under section 368.
Note 1: Under section 362C, the Tribunal must notify the applicant of a
decision to reinstate the application.
decision to confirm the dismissal of the application.
(1D) If the Tribunal reinstates the application:

(a) the application is taken never to have been dismissed; and
(b) the Tribunal must conduct (or continue to conduct) the
review accordingly.
(1E) If the applicant fails to apply for reinstatement within the 14-day
period mentioned in subsection (1B), the Tribunal must confirm
the decision to dismiss the application, by written statement under
section 368.
Note: Under section 368A, the Tribunal must notify the applicant of a

Section 362C
(1F) If the Tribunal confirms the decision to dismiss the application, the
decision under review is taken to be affirmed.
(1G) To avoid doubt, the Tribunal cannot give a decision orally under
subsection (1A), (1C) or (1E).
Other measures to deal with failure of applicant to appear

(2) This section does not prevent the Tribunal from rescheduling the
applicant’s appearance before it, or from delaying its decision on
the review in order to enable the applicant’s appearance before it as
rescheduled.
362C Failure to appear—Tribunal’s decisions, written statements

and notifying the applicant
Decisions to which this section applies

(1) This section applies in relation to the following decisions (each of
which is a non-appearance decision):
(a) a decision to dismiss an application under
paragraph 362B(1A)(b);
(b) a decision to reinstate an application under
paragraph 362B(1C)(a) and to give directions (if any) under
that paragraph.
Note: For similar provisions applying to a decision to confirm the dismissal
of an application under section 362B, see sections 368 and 368A.
Written statement of decision

(2) If the Tribunal makes a non-appearance decision, the Tribunal
must make a written statement that:
(a) sets out the decision; and
(b) sets out the reasons for the decision; and
(c) in the case of a decision to reinstate an application:
(i) sets out the findings on any material questions of fact;
and

Section 362C
(ii) refers to the evidence or any other material on which the

findings of fact were based; and
(d) records the day and time the statement is made.
(3) A non-appearance decision is taken to have been made:
(a) by the making of the written statement; and
(b) on the day, and at the time, the written statement is made.
(4) The Tribunal has no power to vary or revoke a non-appearance
decision after the day and time the written statement is made.
Note: However, if the application is reinstated, the application is taken never
to have been dismissed (see subsection 362B(1D)).
Notice to applicant
(5) The Tribunal must notify the applicant of a non-appearance
decision by giving the applicant a copy of the written statement
made under subsection (2). The copy must be given to the
applicant:
(a) within 14 days after the day on which the decision is taken to
have been made; and
(b) by one of the methods specified in section 379A.
(6) In the case of a decision to dismiss the application, the copy of the
statement must be given to the applicant together with a statement
describing the effect of subsections 362B(1B) to (1F).
Notice to Secretary
(7) A copy of the written statement made under subsection (2) must
also be given to the Secretary:
have been made; and
(b) by one of the methods specified in section 379B.
Validity etc. not affected by procedural irregularities

(8) The validity of a non-appearance decision, and the operation of
subsection (4), are not affected by:

Section 363
(a) a failure to record, under paragraph (2)(d), the day and time
when the written statement was made; or
(b) a failure to comply with subsection (5), (6) or (7).
363 Powers of the Tribunal etc.

(1) For the purpose of the review of a decision, the Tribunal may:
(a) take evidence on oath or affirmation;
(b) adjourn the review from time to time;
(c) subject to section 378, give information to the applicant and
to the Secretary; or
(d) require the Secretary to arrange for the making of any
investigation, or any medical examination, that the Tribunal
thinks necessary with respect to the review, and to give to the
Tribunal a report of that investigation or examination.
(2) The Tribunal may combine the reviews of 2 or more
Part 5-reviewable decisions made in respect of the same person.
(3) Subject to subsection (4), the Tribunal may, for the purposes of a
review:
(a) summon a person to appear before the Tribunal to give
evidence;
(b) summon a person to produce to the Tribunal the documents
or things referred to in the summons;
(c) require a person appearing before the Tribunal to give
evidence either to take an oath or to make an affirmation; and
(d) administer an oath or affirmation to a person so appearing.
(4) The Tribunal must not, for the purposes of a review that is being
conducted in Australia, summon a person under paragraph (3)(a) or
(b) unless the person is in Australia.
363A Tribunal does not have power to permit a person to do

something he or she is not entitled to do
If a provision of this Part states that a person is not entitled to do
something, or to be assisted or represented by another person, then,

Section 364
unless a provision expressly provides otherwise, the Tribunal does

not have power to permit the person to do that thing, or to be
assisted or represented by another person.
364 Tribunal’s power to take evidence

(1) The power (the evidence power) of the Tribunal under
paragraph 363(1)(a) to take evidence on oath or affirmation in a
particular review may be exercised on behalf of the Tribunal by:
(a) a member conducting the review; or
(b) another person (whether or not a member) authorised in
writing by that member.
(2) The evidence power may be exercised:
(a) inside or outside Australia; and
(b) subject to any limitations or requirements specified by the
Tribunal.
(3) If a person other than a member conducting the review has the
evidence power:
(a) the person has, for the purpose of taking the evidence, the
powers of the Tribunal under subsection 363(1) and
paragraphs 363(3)(c) and (d); and
(b) this Part applies in relation to the person, for the purpose of
taking the evidence in the exercise of those powers, as if the
person were the Tribunal; and
(c) the person must cause a record of any evidence taken to be
made and sent to the member who authorised the person to
exercise the evidence power; and
(d) for the purposes of section 360, if that member receives the
record of evidence, the Tribunal is taken to have given the
applicant an opportunity to appear before it to give evidence.
365 Review to be in public

(1) Subject to this section, any oral evidence that the Tribunal takes
while a person is appearing before it must be taken in public.

Section 366
(2) Where the Tribunal is satisfied that it is in the public interest to do

so, the Tribunal may direct that particular oral evidence, or oral
evidence for the purposes of a particular review, is to be taken in
private.
(3) If the Tribunal is satisfied that it is impracticable to take particular
oral evidence in public, the Tribunal may direct that the evidence is
to be taken in private.
(4) Where the Tribunal gives a direction under subsection (2) or (3), it
may give directions as to the persons who may be present when the
oral evidence is given.
366 Oral evidence by telephone etc.

(1) For the purposes of the review of a decision, the Tribunal may
allow an appearance by the applicant before the Tribunal, or the
giving of evidence by the applicant or any other person, to be by:
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
(2) If, when a review is in public, a person appears or gives evidence
by a means allowed under subsection (1), the Tribunal must take
such steps as are reasonably necessary to ensure the public nature
of the review is preserved.
366A Applicant may be assisted by another person while appearing

before Tribunal
(1) The applicant is entitled, while appearing before the Tribunal, to
have another person (the assistant) present to assist him or her.
(2) The assistant is not entitled to present arguments to the Tribunal, or
to address the Tribunal, unless the Tribunal is satisfied that,
because of exceptional circumstances, the assistant should be
allowed to do so.

Section 366B
(3) Except as provided in this section, the applicant is not entitled,

while appearing before the Tribunal, to be represented by another
person.
(4) This section does not affect the entitlement of the applicant to
engage a person to assist or represent him or her otherwise than
while appearing before the Tribunal.
366B Other persons not to be assisted or represented while

appearing before Tribunal
(1) A person, other than the applicant, is not entitled, while appearing
before the Tribunal, to:
(a) have another person present to assist him or her; or
(b) be represented by another person.
(2) This section does not affect the entitlement of the person to engage
a person to assist or represent him or her otherwise than while
appearing before the Tribunal.
366C Interpreters
(1) A person appearing before the Tribunal to give evidence may
request the Tribunal to appoint an interpreter for the purposes of
communication between the Tribunal and the person.
(2) The Tribunal must comply with a request made by a person under
subsection (1) unless it considers that the person is sufficiently
proficient in English.
(3) If the Tribunal considers that a person appearing before it to give
evidence is not sufficiently proficient in English, the Tribunal must
appoint an interpreter for the purposes of communication between
the Tribunal and the person, even though the person has not made a
request under subsection (1).

Section 366D
366D Examination and cross-examination not permitted

A person is not entitled to examine or cross-examine any person
appearing before the Tribunal to give evidence.
367 Certain bridging visa decisions—to be made within prescribed

period
(1) Subject to subsection (2), if the application is for review of a
decision covered by subsection 338(4) (certain bridging visa
decisions), the Tribunal must make its decision on review, and
notify the applicant of the decision, within the prescribed period.
(2) The Tribunal may, with the agreement of the applicant, extend the
period in subsection (1) for the purposes of a particular application.

Part 5-reviewable decisions: Tribunal decisions Division 6
Section 368
Division 6—Part 5-reviewable decisions: Tribunal decisions
368 Tribunal’s decision and written statement

(1) Where the Tribunal makes its decision on a review (other than an
oral decision), the Tribunal must, subject to paragraphs 375A(2)(b)
and 376(3)(b), make a written statement that:
(a) sets out the decision of the Tribunal on the review; and
(c) sets out the findings on any material questions of fact; and
(d) refers to the evidence or any other material on which the
(e) in the case of a decision under paragraph 362B(1C)(b) or
subsection 362B(1E) to confirm the dismissal of an
application—indicates that under subsection 362B(1F), the
decision under review is taken to be affirmed; and
(f) records the day and time the statement is made.
Note: Decisions on a review made under paragraph 362B(1A)(a) or (1C)(b),
or under subsection 362B(1E), must be made by a written statement
under this section. They cannot be given orally. These decisions may
be made following the failure of an applicant to appear before the
Tribunal.
How and when written decisions are taken to be made

(2) A decision on a review (other than an oral decision) is taken to
have been made:
Note: For oral decisions, see section 368D.
(2A) The Tribunal has no power to vary or revoke a decision to which

subsection (2) applies after the day and time the written statement
is made.

Division 6 Part 5-reviewable decisions: Tribunal decisions
Section 368A
Return of documents etc.

(3) After the Tribunal makes the written statement, the Tribunal must:
(a) return to the Secretary any document that the Secretary has
provided in relation to the review; and
(b) give the Secretary a copy of any other document that contains
evidence or material on which the findings of fact were
based.

(4) The validity of a decision on a review, and the operation of
subsection (2A), are not affected by:
(a) a failure to record, under paragraph (1)(f), the day and time
(b) a failure to comply with subsection (3).
368A Notifying parties of Tribunal’s decision (decision not given

orally)
(1) The Tribunal must notify the applicant of a decision on a review
(other than an oral decision) by giving the applicant a copy of the
written statement prepared under subsection 368(1). The copy must
be given to the applicant:
have been made; and
(2) A copy of that statement must also be given to the Secretary:
have been made; and
(3) A failure to comply with this section in relation to a decision on a
review does not affect the validity of the decision.

Section 368D
368D Tribunal’s decisions given orally
How and when oral decisions are taken to have been made
(1) A decision on a review that is given orally by the Tribunal is taken
to have been made, and notified to the applicant for the review, on
the day and at the time the decision is given orally.
Statement in relation to oral decision

(2) If a decision on a review is given orally, the Tribunal must:
(a) make an oral statement that:
(i) describes the decision of the Tribunal on the review;
and
(ii) describes the reasons for the decision; and
(iii) describes the findings on any material questions of fact;
and
(iv) refers to the evidence or any other material on which the
(v) identifies the day and time the decision is given orally;
or
(b) make a written statement that:
(i) sets out the decision of the Tribunal on the review; and
(ii) sets out the reasons for the decision; and
(iii) sets out the findings on any material questions of fact;
and
(v) records the day and time the decision is given orally.
(3) The Tribunal has no power to vary or revoke the decision after the
day and time the decision is given orally.
Written statement to be provided on request of applicant

(4) If the Tribunal makes an oral statement under paragraph (2)(a) and,
within the period prescribed by regulation, the applicant makes a

Section 368D
written request for the statement to be provided in writing, the

Tribunal must:
(a) reduce the oral statement to writing; and
(b) within 14 days after the day the request is received by the
Tribunal, give a copy of the written statement:
(i) to the applicant by one of the methods specified in
section 379A; and
(ii) to the Secretary by one of the methods specified in
section 379B.
Written statement to be provided on request of Minister

at any time after the oral statement is made, the Minister makes a
written request for the oral statement to be provided in writing, the
Tribunal must:
(i) to the Secretary by one of the methods specified in
section 379B; and
(ii) to the applicant by one of the methods specified in
section 379A.

(6) After the Tribunal makes a statement under subsection (2), the
Tribunal must:
based.

Section 368D

(a) a failure to identify or record, under subsection (2), the day
and time when the decision was given orally; or
Note: Decisions on a review made under paragraph 362B(1A)(a) or (1C)(b),
or under subsection 362B(1E), must be made by a written statement
under section 368. They cannot be given orally. These decisions may
Tribunal.

Division 7 Part 5-reviewable decisions: offences
Section 370
Division 7—Part 5-reviewable decisions: offences
370 Failure to comply with summons

(a) the person is given a summons under section 363; and
(b) the person fails to comply with the summons.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(2) Subsection (1) does not apply if complying with the summons
might tend to incriminate the person.
371 Refusal to be sworn or to answer questions
Oath or affirmation
(a) the person appears as a witness before the Tribunal for the
purposes of a proceeding under this Part; and
(b) the person has been required under section 363 either to take
an oath or to make an affirmation; and
(c) the person fails to comply with the requirement.
Questions
(b) the Tribunal has required the person to answer a question for
the purposes of the proceeding; and
(c) the person fails to answer the question.

Part 5-reviewable decisions: offences Division 7
Section 371

(3) Subsection (2) does not apply if answering the question might tend
to incriminate the person.

Division 8 Part 5-reviewable decisions: miscellaneous
Section 375
Division 8—Part 5-reviewable decisions: miscellaneous
375 Restrictions on disclosure of certain information etc.

In spite of anything else in this Act, the Secretary shall not give to
the Tribunal a document, or information, if the Minister certifies,
in writing, that the disclosure of any matter contained in the
document, or the disclosure of the information, would be contrary
to the public interest:
(a) because it would prejudice the security, defence or
international relations of Australia; or
(b) because it would involve the disclosure of deliberations or
decisions of the Cabinet or of a committee of the Cabinet.
375A Certain information only to be disclosed to Tribunal

(1) This section applies to a document or information if the Minister:
(a) has certified, in writing, that the disclosure, otherwise than to
the Tribunal, of any matter contained in the document, or of
the information, would be contrary to the public interest for
any reason specified in the certificate (other than a reason set
out in paragraph 375(a) or (b)); and
(b) has included in the certificate a statement that the document
or information must only be disclosed to the Tribunal.
(2) If, pursuant to a requirement of or under this Act, the Secretary
gives to the Tribunal a document or information to which this
section applies:
(a) the Secretary must notify the Tribunal in writing that this
section applies to the document or information; and
(b) the Tribunal must do all things necessary to ensure that the
document or information is not disclosed to any person other
than a member of the Tribunal as constituted for the purposes
of the particular review.

Part 5-reviewable decisions: miscellaneous Division 8
Section 376
376 Tribunal’s discretion in relation to disclosure of certain

information etc.
(1) This section applies to a document or information if:
(a) the Minister:
(i) has certified, in writing, that the disclosure of any
matter contained in the document, or of the information,
would be contrary to the public interest for any reason
specified in the certificate (other than a reason set out in
paragraph 375(a) or (b)) that could form the basis for a
claim by the Crown in right of the Commonwealth in a
judicial proceeding that the matter contained in the
document, or the information, should not be disclosed;
and
(ii) has not included a statement in the certificate that the
document or information must only be disclosed to the
Tribunal; or
(b) the document, the matter contained in the document, or the
information was given to the Minister, or to an officer of the
Department, in confidence and section 375A does not apply
to the document or information.
(2) Where, pursuant to a requirement of or under this Act, the
Secretary gives to the Tribunal a document or information to which
this section applies, the Secretary:
(a) shall notify the Tribunal in writing that this section applies in
relation to the document or information; and
(b) may give the Tribunal any written advice that the Secretary
thinks relevant about the significance of the document or
information.
(3) Where the Tribunal is given a document or information and is
notified that this section applies in relation to it, the Tribunal:
(a) may, for the purpose of the exercise of its powers, have
regard to any matter contained in the document, or to the
information; and

Section 378
(b) may, if the Tribunal thinks it appropriate to do so having

regard to any advice given by the Secretary pursuant to
subsection (2), disclose any matter contained in the
document, or the information, to the applicant or to any other
person who has given oral or written evidence to the
Tribunal.
378 Tribunal may restrict publication of certain matters

(1) Where the Tribunal is satisfied, in relation to a review, that it is in
the public interest that:
(a) any evidence given before the Tribunal;
(b) any information given to the Tribunal; or
(c) the contents of any document produced to the Tribunal;
should not be published, or should not be published except in a
particular manner and to particular persons, the Tribunal may give
a written direction accordingly.
(2) Where the Tribunal has given a direction under subsection (1) in
relation to the publication of any evidence or information or of the
contents of a document, the direction does not:
(a) excuse the Tribunal from its obligations under section 368; or
(b) prevent a person from communicating to another person a
matter contained in the evidence, information or document if
the first-mentioned person has knowledge of the matter
otherwise than because of the evidence or the information
having been given or the document having been produced to
the Tribunal.
(3) A person shall not contravene a direction given by the Tribunal
under subsection (1) that is applicable to the person.

Part 5-reviewable decisions: giving and receiving documents Division 8A
Section 379AA
Division 8A—Part 5-reviewable decisions: giving and

receiving documents
379AA Giving documents by Tribunal where no requirement to do

so by section 379A or 379B method
(1) If:
(a) a provision of this Act or the regulations requires or permits
the Tribunal to give a document to a person; and
(b) the provision does not state that the document must be given:
(i) by one of the methods specified in section 379A or
379B; or
(ii) by a method prescribed for the purposes of giving
documents to a person in immigration detention;
the Tribunal may give the document to the person by any method
that it considers appropriate (which may be one of the methods
mentioned in subparagraph (b)(i) or (ii) of this section).
Note 1: If 2 or more persons apply for a review of a decision together, a
document given to a person is taken to be given to each of them, see
section 379EA.
Note 2: Under section 379G an applicant may give the Tribunal the name of
an authorised recipient who is to receive documents on the applicant’s
behalf.
(2) If a person is a minor, the Tribunal may give a document to an

individual who is at least 18 years of age if a member or an officer
of the Tribunal reasonably believes that:
(a) the individual has day-to-day care and responsibility for the
minor; or
(b) the individual works in or for an organisation that has
day-to-day care and responsibility for the minor and the
individual’s duties, whether alone or jointly with another
person, involve care and responsibility for the minor.

Division 8A Part 5-reviewable decisions: giving and receiving documents
Section 379A
(2A) However, subsection (2) does not apply if section 379EA (which
relates to giving documents in the case of combined applications)
applies in relation to the minor.
(3) If the Tribunal gives a document to an individual, as mentioned in
subsection (2), the Tribunal is taken to have given the document to
the minor. However, this does not prevent the Tribunal giving the
minor a copy of the document.
379A Methods by which Tribunal gives documents to a person other

than the Secretary
Coverage of section
(1) For the purposes of provisions of this Part or the regulations that:
(a) require or permit the Tribunal to give a document to a person
(the recipient); and
(b) state that the Tribunal must do so by one of the methods
specified in this section;
the methods are as follows.
(1A) If a person is a minor, the Tribunal may use the methods
mentioned in subsections (4) and (5) to dispatch or transmit, as the
case may be, a document to an individual (a carer of the minor):
(a) who is at least 18 years of age; and
(b) who a member or an officer of the Tribunal reasonably
believes:
(i) has day-to-day care and responsibility for the minor; or
(ii) works in an or for organisation that has day-to-day care
and responsibility for the minor and whose duties,
whether alone or jointly with another person, involve
care and responsibility for the minor.
Note: If the Tribunal gives an individual a document by the method
mentioned in subsection (4) or (5), the individual is taken to have
received the document at the time specified in section 379C in respect
of that method.

Section 379A
(1B) However, subsection (1A) does not apply if section 379EA (which
Giving by hand
(2) One method consists of a member or an officer of the Tribunal, or
a person authorised in writing by the Registrar, handing the
document to the recipient.
Handing to a person at last residential or business address

(3) Another method consists of a member or an officer of the Tribunal,
or a person authorised in writing by the Registrar, handing the
document to another person who:
(a) is at the last residential or business address provided to the
Tribunal by the recipient in connection with the review; and
(b) appears to live there (in the case of a residential address) or
work there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means

(4) Another method consists of a member or an officer of the Tribunal
dating the document, and then dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of
the document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided to the Tribunal by
the recipient in connection with the review; or
(ii) the last residential or business address provided to the
Tribunal by the recipient in connection with the review;
or
(iii) if the recipient is a minor—the last address for a carer of
the minor that is known by the member or officer.

Section 379B
Transmission by fax, email or other electronic means

transmitting the document by:
(a) fax; or
(b) email; or
to:
(d) the last fax number, email address or other electronic address,
as the case may be, provided to the Tribunal by the recipient
in connection with the review; or
(e) if the recipient is a minor—the last fax number, email
address or other electronic address, as the case may be, for a
carer of the minor that is known by the member or officer.
Documents given to a carer

(6) If the Tribunal gives a document to a carer of a minor, the Tribunal
is taken to have given the document to the minor. However, this
does not prevent the Tribunal giving the minor a copy of the
document.
379B Methods by which Tribunal gives documents to the Secretary
Coverage of section
(a) require or permit the Tribunal to give a document to the
Secretary; and
Giving by hand
document to the Secretary or to an authorised officer.

Section 379C
Dispatch by post or by other means

the document; and
(b) by post or by other means; and
(c) to an address, notified to the Tribunal in writing by the
Secretary, to which such documents can be dispatched.

(a) fax; or
(b) email; or
to the last fax number, email address or other electronic address
notified to the Tribunal in writing by the Secretary for the purpose.
379C When a person other than the Secretary is taken to have

received a document from the Tribunal
(1) This section applies if the Tribunal gives a document to a person
other than the Secretary by one of the methods specified in
section 379A (including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in
subsection 379A(2) (which involves handing the document to the
person), the person is taken to have received the document when it
is handed to the person.

subsection 379A(3) (which involves handing the document to

Section 379C
another person at a residential or business address), the person is

taken to have received the document when it is handed to the other
person.

subsection 379A(4) (which involves dispatching the document by
prepaid post or by other prepaid means), the person is taken to
have received the document:
(a) if the document was dispatched from a place in Australia to
an address in Australia—7 working days (in the place of that
address) after the date of the document; or
(b) in any other case—21 days after the date of the document.

subsection 379A(5) (which involves transmitting the document by
fax, email or other electronic means), the person is taken to have
received the document at the end of the day on which the document
is transmitted.
Document not given effectively

(7) If:
(a) the Tribunal purports to give a document to a person in
accordance with a method specified in section 379A
(including in a case covered by section 379AA) but makes an
error in doing so; and
(b) the person nonetheless receives the document or a copy of it;
then the person is taken to have received the document at the times
mentioned in this section as if the Tribunal had given the document
to the person without making an error in doing so, unless the
person can show that he or she received it at a later time, in which
case, the person is taken to have received it at that time.

Section 379D
379D When the Secretary is taken to have received a document from

the Tribunal
(1) This section applies if the Tribunal gives a document to the
Secretary by one of the methods specified in section 379B
(including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(2) (which involves handing the document to the
Secretary or to an authorised officer), the Secretary is taken to have
received the document when it is handed to the Secretary or to the
authorised officer.

subsection 379B(3) (which involves dispatching the document by
post or by other means), the Secretary is taken to have received the
document:

subsection 379B(4) (which involves transmitting the document by
fax, email or other electronic means), the Secretary is taken to have
is transmitted.
379EA Giving documents by Tribunal—combined applications

If 2 or more persons apply for a review of a decision together,
documents given to any of them in connection with the review are
taken to be given to each of them.

Section 379F
Note 1: If the Tribunal gives a person a document by a method specified in

section 379A, the person is taken to have received the document at the
time specified in section 379C in respect of that method.
Note 2: Section 379G deals with giving documents to a person’s authorised
recipient.
379F Giving documents etc. to the Tribunal

If, in relation to the review of a Part 5-reviewable decision, a
person is required or permitted to give a document or thing to the
Tribunal, the person must do so:
(a) by giving the document or thing to an officer of the Tribunal;
or
(b) by a method set out in directions under section 18B of the
Administrative Appeals Tribunal Act 1975; or
(c) if the regulations set out a method for doing so—by that
method.
379G Authorised recipient

(1) If:
(a) a person (the applicant) applies for review of a
Part 5-reviewable decision; and
(b) the applicant gives the Tribunal written notice of the name
and address of another person (the authorised recipient)
authorised by the applicant to receive documents in
connection with the review;
the Tribunal must give the authorised recipient, instead of the
applicant, any document that it would otherwise have given to the
applicant.
Note: If the Tribunal gives a person a document by a method specified in
(1A) For the purposes of subsection (1):

(a) paragraph (1)(a) is taken to also apply to an application for
review of a Part 5-reviewable decision where the application
is not properly made under section 347; and

Section 379G
(b) in connection with such an application, paragraph (1)(b) is

taken to apply to a notice of a kind referred to in that
paragraph as if the notice authorised the authorised recipient
to receive documents in connection with the application
(including a document notifying that recipient that the
application is not properly made under that section).
(2) If the Tribunal gives a document to the authorised recipient, the
Tribunal is taken to have given the document to the applicant.
However, this does not prevent the Tribunal giving the applicant a
copy of the document.
(3) Subject to subsection (3A), the applicant (but not the authorised
recipient) may vary or withdraw the notice under paragraph (1)(b)
at any time, but must not (unless the regulations provide otherwise)
vary the notice so that any more than one person becomes the
applicant’s authorised recipient.
(3A) In addition to the applicant being able to vary the notice under
paragraph (1)(b) by varying the address of the authorised recipient,
that recipient may also vary that notice by varying that address.
(5) This section does not apply to the Tribunal giving documents to, or
communicating with, the applicant when the applicant is appearing
before the Tribunal.

Division 1 Interpretation
Section 408
Part 7—Review of Part 7-reviewable decisions

Division 1—Interpretation
408 Simplified outline of this Part
This Part provides for the review of Part 7-reviewable decisions by

the Administrative Appeals Tribunal in its Migration and Refugee
Division.
Part 7-reviewable decisions relate to the grant or cancellation of

protection visas in some circumstances or to decisions under
subsection 197D(2). They do not include decisions in relation to
which the Minister has given a conclusive certificate.
Part 5-reviewable decisions (which relate to the grant or

cancellation of visas other than protection visas in some
circumstances) are reviewable in accordance with Part 5 by the
Administrative Appeals Tribunal in its Migration and Refugee
Division.
Some other decisions under this Act may be reviewed by the

Administrative Appeals Tribunal in its General Division, including
the following:
(a) some decisions to cancel business visas;
(b) some decisions relating to migration agents;
(c) some decisions relating to deportation, protection visas
and the refusal or cancellation of visas on character
grounds.
Fast track reviewable decisions are reviewable by the Immigration

Assessment Authority under Part 7AA of this Act. These are
decisions to refuse protection visas to some applicants, including
unauthorised maritime arrivals who entered Australia on or after
13 August 2012.

Section 409
409 Scope of this Part

(1) This Part applies in relation to the review by the Tribunal of
Part 7-reviewable decisions (see section 411).
(2) The Tribunal’s powers in relation to Part 7-reviewable decisions
may be exercised by the Tribunal only in its Migration and
Refugee Division.
410 Interpretation
In this Part:
decision on a review means any of the following decisions of the
Tribunal in relation to an application for review of a
Part 7-reviewable decision:
(a) a decision to affirm the Part 7-reviewable decision;
(b) a decision to vary the Part 7-reviewable decision;
(c) a decision under paragraph 415(2)(c) to remit a matter in
relation to the Part 7-reviewable decision for reconsideration;
(d) a decision to set the Part 7-reviewable decision aside and
substitute a new decision;
(e) a decision under paragraph 426A(1C)(b) or
subsection 426A(1E) to confirm a decision to dismiss the
application.
member means a member of the Tribunal.
officer of the Tribunal has the meaning given by the
Part 7-reviewable decision: see section 411.
Registrar means the Registrar of the Tribunal.

Section 411
Division 2—Part 7-reviewable decisions
411 Definition of Part 7-reviewable decision

(1) Subject to subsection (2), the following decisions are
Part 7-reviewable decisions:
(a) a decision, made before 1 September 1994, that a non-citizen
is not a refugee under the Refugees Convention as amended
by the Refugees Protocol (other than such a decision made
after a review by the Minister of an earlier decision that the
person was not such a refugee);
(b) a decision, made before 1 September 1994, to refuse to grant,
or to cancel, a visa, or entry permit (within the meaning of
this Act as in force immediately before that date), a criterion
for which is that the applicant for it is a non-citizen who has
been determined to be a refugee under the Refugees
Convention as amended by the Refugees Protocol (other than
such a decision made under the Migration (Review) (1993)
Regulations or under the repealed Part 2A of the Migration
(Review) Regulations);
(c) a decision to refuse to grant a protection visa, other than a
decision that was made relying on:
(i) subsection 5H(2), or 36(1B) or (1C); or
(iii) paragraph 36(2C)(a) or (b);
(d) a decision to cancel a protection visa, other than a decision
that was made because of:
(i) subsection 5H(2) or 36(1C); or
(ii) an assessment by the Australian Security Intelligence
Organisation that the holder of the visa is directly or
indirectly a risk to security (within the meaning of
section 4 of the Australian Security Intelligence
Organisation Act 1979); or
(iii) paragraph 36(2C)(a) or (b);
(e) a decision under subsection 197D(2) that an unlawful
non-citizen is no longer a person in respect of whom a

Section 412
protection finding within the meaning of subsection 197C(4),

(5), (6) or (7) would be made.
(2) The following decisions are not Part 7-reviewable decisions:
(aa) any decision to cancel a protection visa that is made
personally by the Minister;
(a) decisions made in relation to a non-citizen who is not
physically present in the migration zone when the decision is
made;
(b) decisions in relation to which the Minister has issued a
conclusive certificate under subsection (3);
(c) fast track decisions.
(3) The Minister may issue a conclusive certificate in relation to a
decision if the Minister believes that:
decision; or
to be reviewed.
412 Application for review of Part 7-reviewable decisions

(1) An application for review of a Part 7-reviewable decision must:
(a) be made in the approved form; and
(b) be given to the Tribunal within the period prescribed, being a
period ending not later than 28 days after the notification of
the decision; and
(c) be accompanied by the prescribed fee (if any).
(2) An application for review may only be made by the non-citizen
who is the subject of the primary decision.
(3) An application for review may only be made by a non-citizen who
is physically present in the migration zone when the application for
review is made.
(4) Regulations made for the purposes of paragraph (1)(b) may specify
different periods in relation to different classes of

Section 414
Part 7-reviewable decisions (which may be decisions that relate to

non-citizens in a specified place).
414 Tribunal to review Part 7-reviewable decisions

(1) Subject to subsection (2), if a valid application is made under
section 412 for review of a Part 7-reviewable decision, the
Tribunal must review the decision.
(2) The Tribunal must not review, or continue to review, a decision in
relation to which the Minister has issued a conclusive certificate
under subsection 411(3).
415 Tribunal powers on review of Part 7-reviewable decisions

(1) The Tribunal may, for the purposes of the review of a
Part 7-reviewable decision, exercise all the powers and discretions
that are conferred by this Act on the person who made the decision.
(2) The Tribunal may:
(a) affirm the decision; or
(b) vary the decision; or
(c) if the decision relates to a prescribed matter—remit the
matter for reconsideration in accordance with such directions
or recommendations of the Tribunal as are permitted by the
regulations; or
(d) set the decision aside and substitute a new decision; or
(e) if the applicant fails to appear—exercise a power under
section 426A in relation to the dismissal or reinstatement of
an application.
(3) If the Tribunal:
(a) varies the decision; or
(b) sets aside the decision and substitutes a new decision;
the decision as varied or substituted is taken (except for the
purpose of appeals from decisions of the Tribunal) to be a decision
of the Minister.

Section 416
(4) To avoid doubt, the Tribunal must not, by varying a decision or

setting a decision aside and substituting a new decision, purport to
make a decision that is not authorised by the Act or the regulations.
416 Multiple review applications—consideration of information
Scope
(a) a non-citizen has made an application (the earlier
application) to a review body for review of a decision under
this Part; and
(b) the earlier application has been determined by a review body;
and
(c) the non-citizen makes a further application, to the Tribunal,
for review of a Part 7-reviewable decision.
Review body not required to consider earlier information

(2) The Tribunal, in considering the further application:
(a) is not required to consider any information considered in the
earlier application; and
(b) may have regard to, and take to be correct, any decision that
a review body has made about or because of that information.
review body means:
(a) the former Refugee Review Tribunal; or
(b) the Tribunal.
Note: The Refugee Review Tribunal was abolished from 1 July 2015, and its
functions transferred to the Migration and Refugee Division of the
Administrative Appeals Tribunal (“the Tribunal”).

Section 417
417 Minister may substitute more favourable decision

Minister may substitute for a decision of the Tribunal under
section 415 another decision, being a decision that is more
favourable to the applicant, whether or not the Tribunal had the
power to make that other decision.
(2) In exercising the power under subsection (1) on or after
1 September 1994, 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) If the Minister substitutes a decision under subsection (1), he or she
must cause to be laid before each House of the Parliament a
statement that:
(a) sets out the decision of the Tribunal; and
(b) any information that may identify the applicant; or
(c) if the Minister thinks that it would not be in the public
person or any information that may identify that other person.

Section 418

418 Tribunal to notify Secretary of application for review of

Part 7-reviewable decisions
(1) If an application for review is made to the Tribunal, the Registrar
must, as soon as practicable, give the Secretary written notice of
the making of the application.
(2) The Secretary must, within 10 working days after being notified of
the application, give to the Registrar the prescribed number of
copies of a statement about the decision under review that:
(a) sets out the findings of fact made by the person who made
the decision; and
(b) refers to the evidence on which those findings were based;
and
(c) gives the reasons for the decision.
(3) The Secretary must, as soon as is practicable after being notified of
the application, give to the Registrar each other document, or part
of a document, that is in the Secretary’s possession or control and
is considered by the Secretary to be relevant to the review of the
decision.
419 Certain decisions on review to be made within prescribed period

etc.
(1) If:
(a) an application for review of a Part 7-reviewable decision is
made under section 412; and
(b) the Part 7-reviewable decision is a decision of a kind
mentioned in paragraph 411(1)(e);

Section 419
then, subject to subsection (2) of this section, the Tribunal must

make its decision on review, and notify the applicant of the
decision, within the prescribed period.
(2) The Tribunal may, with the agreement of the applicant, extend the
period in subsection (1) for the purposes of a particular application.

Part 7-reviewable decisions: Tribunal powers Division 3
Section 420
Division 3—Part 7-reviewable decisions: Tribunal powers
420 Tribunal’s way of operating

The Tribunal, in reviewing a Part 7-reviewable decision:
evidence; and
case.
420B Guidance decisions

(1) The President of the Tribunal, or the head of the Migration and
Refugee Division of the Tribunal, may, in writing, direct that a
decision (the guidance decision) of the Tribunal, or of the former
Refugee Review Tribunal, specified in the direction is to be
complied with by the Tribunal in reaching a decision on a review
of a Part 7-reviewable decision of a kind specified in the direction.
Tribunal must comply with the guidance decision unless the
Tribunal is satisfied that the facts or circumstances of the decision
under review are clearly distinguishable from the facts or
circumstances of the guidance decision.
(3) However, non-compliance by the Tribunal with a guidance
decision does not mean that the Tribunal’s decision on a review is
an invalid decision.

Section 422B
Division 4—Part 7-reviewable decisions: conduct of review
422B Exhaustive statement of natural justice hearing rule

(1) This Division is taken to be an exhaustive statement of the
matters it deals with.
(2) Sections 416, 437 and 438 and Division 7A, in so far as they relate
to this Division, are taken to be an exhaustive statement of the
matters they deal with.
(3) In applying this Division, the Tribunal must act in a way that is fair
and just.
423 Documents to be given to the Tribunal

(1) An applicant for review by the Tribunal may give the Registrar:
(a) a statutory declaration in relation to any matter of fact that
the applicant wishes the Tribunal to consider; and
(b) written arguments relating to the issues arising in relation to
the decision under review.
(2) The Secretary may give the Registrar written argument relating to
the issues arising in relation to the decision under review.
423A How Tribunal is to deal with new claims or evidence

(1) This section applies if, in relation to an application for review of a
Part 7-reviewable decision (the primary decision), the applicant:
(a) raises a claim that was not raised before the primary decision
was made; or
(b) presents evidence in the application that was not presented
before the primary decision was made.
(2) In making a decision on the application, the Tribunal is to draw an
inference unfavourable to the credibility of the claim or evidence if

Section 424
the Tribunal is satisfied that the applicant does not have a

reasonable explanation why the claim was not raised, or the
evidence was not presented, before the primary decision was made.
424 Tribunal may seek information

(1) In conducting the review, the Tribunal may get any information
that it considers relevant. However, if the Tribunal gets such
information, the Tribunal must have regard to that information in
making the decision on the review.
(2) Without limiting subsection (1), the Tribunal may invite, either
orally (including by telephone) or in writing, a person to give
information.
(3) A written invitation under subsection (2) must be given to the
person:
(b) if the person is in immigration detention—by a method
person.
424AA Information and invitation given orally by Tribunal while

applicant appearing
(1) If an applicant is appearing before the Tribunal because of an
invitation under section 425:
(a) the Tribunal may orally give to the applicant clear particulars
of any information that the Tribunal considers would be the
reason, or a part of the reason, for affirming the decision that
is under review; and
(b) if the Tribunal does so—the Tribunal must:
(i) ensure, as far as is reasonably practicable, that the
applicant understands why the information is relevant to
the review, and the consequences of the information
being relied on in affirming the decision that is under
review; and

Section 424A
(ii) orally invite the applicant to comment on or respond to

(iii) advise the applicant that he or she may seek additional
time to comment on or respond to the information; and
(iv) if the applicant seeks additional time to comment on or
respond to the information—adjourn the review, if the
Tribunal considers that the applicant reasonably needs
additional time to comment on or respond to the
information.
that is taken to be affirmed under subsection 426A(1F).
424A Information and invitation given in writing by Tribunal

(1) Subject to subsections (2A) and (3), the Tribunal must:
(a) give to the applicant, in the way that the Tribunal considers
appropriate in the circumstances, clear particulars of any
information that the Tribunal considers would be the reason,
or a part of the reason, for affirming the decision that is under
review; and
(b) ensure, as far as is reasonably practicable, that the applicant
understands why it is relevant to the review, and the
consequences of it being relied on in affirming the decision
that is under review; and
(c) invite the applicant to comment on or respond to it.
(2) The information and invitation must be given to the applicant:
person.
(2A) The Tribunal is not obliged under this section to give particulars of
information to an applicant, nor invite the applicant to comment on
or respond to the information, if the Tribunal gives clear particulars

Section 424B
of the information to the applicant, and invites the applicant to

comment on or respond to the information, under section 424AA.
(3) This section does not apply to information:
(a) that is not specifically about the applicant or another person
and is just about a class of persons of which the applicant or
other person is a member; or
(b) that the applicant gave for the purpose of the application for
review; or
(ba) that the applicant gave during the process that led to the
decision that is under review, other than such information
that was provided orally by the applicant to the Department;
or
(c) that is non-disclosable information.
that is taken to be affirmed under subsection 426A(1F).
424B Requirements for written invitation etc.

(1) If a person is:
(a) invited in writing under section 424 to give information; or
(b) invited under section 424A to comment on or respond to
information;
the invitation is to specify the way in which the information, or the
comments or the response, may be given, being the way the
Tribunal considers is appropriate in the circumstances.
otherwise than at an interview, the information, or the comments or
the response, are to be given within a period specified in the
invitation, being a prescribed period or, if no period is prescribed, a
reasonable period.
at an interview, the interview is to take place:
(a) at the place specified in the invitation; and

Section 424C
(b) at a time specified in the invitation, being a time within a

prescribed period or, if no period is prescribed, a reasonable
period.
(4) If a person is to respond to an invitation within a prescribed period,
the Tribunal may extend that period for a prescribed further period,
and then the response is to be made within the extended period.
(5) If a person is to respond to an invitation at an interview at a time
within a prescribed period, the Tribunal may change that time to:
(a) a later time within that period; or
(b) a time within that period as extended by the Tribunal for a
prescribed further period;
and then the response is to be made at an interview at the new time.
424C Failure to give information, comments or response in response

to written invitation
(1) If a person:
(a) is invited in writing under section 424 to give information;
and
(b) does not give the information before the time for giving it has
passed;
further action to obtain the information.
(2) If the applicant:
(a) is invited under section 424A to comment on or respond to
information; and
(b) does not give the comments or the response before the time
for giving them has passed;
further action to obtain the applicant’s views on the information.

Section 425
425 Tribunal must invite applicant to appear

(1) The Tribunal must invite the applicant to appear before the
Tribunal to give evidence and present arguments relating to the
issues arising in relation to the decision under review.
(2) Subsection (1) does not apply if:
(a) the Tribunal considers that it should decide the review in the
applicant’s favour on the basis of the material before it; or
(b) the applicant consents to the Tribunal deciding the review
without the applicant appearing before it; or
(c) subsection 424C(1) or (2) applies to the applicant.
(3) If any of the paragraphs in subsection (2) of this section apply, the
applicant is not entitled to appear before the Tribunal.
425A Notice of invitation to appear

(1) If the applicant is invited to appear before the Tribunal, the
Tribunal must give the applicant notice of the day on which, and
the time and place at which, the applicant is scheduled to appear.
(2) The notice must be given to the applicant:
person.
(3) The period of notice given must be at least the prescribed period
or, if no period is prescribed, a reasonable period.
(4) The notice must contain a statement of the effect of section 426A.
426 Applicant may request Tribunal to call witnesses

(1) In the notice under section 425A, the Tribunal must notify the
applicant:

Section 426A
(a) that he or she is invited to appear before the Tribunal to give

evidence; and
(b) of the effect of subsection (2) of this section.
(2) The applicant may, within 7 days after being notified under
wants the Tribunal to obtain oral evidence from a person or
persons named in the notice.
(3) If the Tribunal is notified by an applicant under subsection (2), the
Tribunal must have regard to the applicant’s wishes but is not
required to obtain evidence (orally or otherwise) from a person
named in the applicant’s notice.
426A Failure of applicant to appear before Tribunal
Scope
(1) This section applies if the applicant:
(a) is invited under section 425 to appear before the Tribunal;
but
(b) does not appear before the Tribunal on the day on which, or
at the time and place at which, the applicant is scheduled to
appear.
Tribunal may make a decision on the review or dismiss

proceedings
(1A) The Tribunal may:
(a) by written statement under section 430, make a decision on
the review without taking any further action to allow or
enable the applicant to appear before it; or
(b) by written statement under section 426B, dismiss the
application without any further consideration of the
application or information before the Tribunal.
decision on the review.

Section 426A
Note 2: Under section 426B, the Tribunal must notify the applicant of a
decision to dismiss the application.
Reinstatement of application or confirmation of dismissal

(1B) If the Tribunal dismisses the application, the applicant may, within
14 days after receiving notice of the decision under section 426B,
apply to the Tribunal for reinstatement of the application.
Note: Section 441C sets out when a person (other than the Secretary) is
taken to have received a document from the Tribunal for the purposes
of this Part.
(1C) On application for reinstatement in accordance with

subsection (1B), the Tribunal must:
(a) if it considers it appropriate to do so—reinstate the
application, and give such directions as it considers
appropriate in the circumstances, by written statement under
section 426B; or
(b) confirm the decision to dismiss the application, by written
statement under section 430.
Note 1: Under section 426B, the Tribunal must notify the applicant of a
decision to reinstate the application.
(1D) If the Tribunal reinstates the application:

(a) the application is taken never to have been dismissed; and
(b) the Tribunal must conduct (or continue to conduct) the
review accordingly.
(1E) If the applicant fails to apply for reinstatement within the 14-day
period mentioned in subsection (1B), the Tribunal must confirm
the decision to dismiss the application, by written statement under
section 430.
Note: Under section 430A, the Tribunal must notify the applicant of a
(1F) If the Tribunal confirms the decision to dismiss the application, the
decision under review is taken to be affirmed.

Section 426B
(1G) To avoid doubt, the Tribunal cannot give a decision orally under
subsection (1A), (1C) or (1E).
Other measures to deal with failure of applicant to appear

(2) This section does not prevent the Tribunal from rescheduling the
applicant’s appearance before it, or from delaying its decision on
the review in order to enable the applicant’s appearance before it as
rescheduled.
426B Failure to appear—Tribunal’s decisions, written statements

and notifying the applicant
Decisions to which this section applies

(1) This section applies in relation to the following decisions (each of
which is a non-appearance decision):
(a) a decision to dismiss an application under
paragraph 426A(1A)(b);
(b) a decision to reinstate an application under
paragraph 426A(1C)(a) and to give directions (if any) under
that paragraph.
Note: For similar provisions applying to a decision to confirm the dismissal
of an application under section 426A, see sections 430 and 430A.

(2) If the Tribunal makes a non-appearance decision, the Tribunal
must make a written statement that:
(c) in the case of a decision to reinstate an application:
(i) sets out the findings on any material questions of fact;
and
(ii) refers to the evidence or any other material on which the
(d) records the day and time the statement is made.

Section 426B
(3) A non-appearance decision is taken to have been made:

(4) The Tribunal has no power to vary or revoke a non-appearance
decision after the day and time the written statement is made.
Note: However, if the application is reinstated, the application is taken never
to have been dismissed (see subsection 426A(1D)).
Notice to applicant
(5) The Tribunal must notify the applicant of a non-appearance
decision by giving the applicant a copy of the written statement
made under subsection (2). The copy must be given to the
applicant:
have been made; and
(6) In the case of a decision to dismiss the application, the copy of the
statement must be given to the applicant together with a statement
describing the effect of subsections 426A(1B) to (1F).
Notice to Secretary
(7) A copy of the written statement made under subsection (2) must
also be given to the Secretary:
have been made; and

(8) The validity of a non-appearance decision, and the operation of
(a) a failure to record, under paragraph (2)(d), the day and time

Section 427
427 Powers of the Tribunal etc.

(1) For the purpose of the review of a decision, the Tribunal may:
(a) take evidence on oath or affirmation; or
(b) adjourn the review from time to time; or
(c) subject to sections 438 and 440, give information to the
applicant and to the Secretary; or
(d) require the Secretary to arrange for the making of any
investigation, or any medical examination, that the Tribunal
thinks necessary with respect to the review, and to give to the
Tribunal a report of that investigation or examination.
(2) The Tribunal must combine the reviews of 2 or more
Part 7-reviewable decisions made in respect of the same
non-citizen.
(3) Subject to subsection (4), the Tribunal in relation to a review may:
(a) summon a person to appear before the Tribunal to give
evidence; and
(b) summon a person to produce to the Tribunal the documents
or things referred to in the summons; and
(c) require a person appearing before the Tribunal to give
evidence either to take an oath or affirmation; and
(d) administer an oath or affirmation to a person so appearing.
(4) The Tribunal must not summon a person under paragraph (3)(a) or
(b) unless the person is in Australia.
(6) A person appearing before the Tribunal to give evidence is not
entitled:
(a) to be represented before the Tribunal by any other person; or
(b) to examine or cross-examine any other person appearing
before the Tribunal to give evidence.
(7) If a person appearing before the Tribunal to give evidence is not
proficient in English, the Tribunal may direct that communication
with that person during his or her appearance proceed through an
interpreter.

Section 428
428 Tribunal’s power to take evidence

(1) The power (the evidence power) of the Tribunal under
paragraph 427(1)(a) to take evidence on oath or affirmation in a
particular review may be exercised on behalf of the Tribunal by:
(a) a member conducting the review; or
(b) another person (whether or not a member) authorised in
writing by that member.
(2) The evidence power may be exercised:
(a) inside or outside Australia; and
(b) subject to any limitations or requirements specified by the
Tribunal.
(3) If a person other than a member conducting the review has the
evidence power:
(a) the person has, for the purpose of taking the evidence, the
powers of the Tribunal under subsection 427(1) and
paragraphs 427(3)(c) and (d); and
(b) this Part applies in relation to the person, for the purpose of
taking the evidence in the exercise of those powers, as if the
person were the Tribunal; and
(c) the person must cause a record of any evidence taken to be
made and sent to the member who authorised the person to
exercise the evidence power; and
(d) for the purposes of section 425, if that member receives the
record of evidence, the Tribunal is taken to have given the
applicant an opportunity to appear before it to give evidence.
429 Review to be in private

The hearing of an application for review by the Tribunal must be in
private.

Section 429A
429A Oral evidence by telephone etc.

For the purposes of the review of a decision, the Tribunal may
allow the appearance by the applicant before the Tribunal, or the
giving of evidence by the applicant or any other person, to be by:
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.

Section 430
Division 5—Part 7-reviewable decisions: Tribunal decisions
430 Tribunal’s decision and written statement

(1) Where the Tribunal makes its decision on a review (other than an
oral decision), the Tribunal must make a written statement that:
(a) sets out the decision of the Tribunal on the review; and
(c) sets out the findings on any material questions of fact; and
(d) refers to the evidence or any other material on which the
(e) in the case of a decision under paragraph 426A(1C)(b) or
subsection 426A(1E) to confirm the dismissal of an
application—indicates that under subsection 426A(1F), the
decision under review is taken to be affirmed; and
(f) records the day and time the statement is made.
Note: Decisions on a review made under paragraph 426A(1A)(a) or (1C)(b),
or under subsection 426A(1E), must be made by a written statement
under this section. They cannot be given orally. These decisions may
Tribunal.

(2) A decision on a review (other than an oral decision) is taken to
have been made:
Note: For oral decisions, see section 430D.
(2A) The Tribunal has no power to vary or revoke a decision to which

subsection (2) applies after the day and time the written statement
is made.

Section 430A

(3) After the Tribunal makes the written statement, the Tribunal must:
based.

subsection (2A), are not affected by:
(a) a failure to record, under paragraph (1)(f), the day and time
430A Notifying parties of Tribunal’s decision (decision not given

orally)
(1) The Tribunal must notify the applicant of a decision on a review
(other than an oral decision) by giving the applicant a copy of the
written statement prepared under subsection 430(1). The copy must
be given to the applicant:
have been made; and
have been made; and

Section 430D
430D Tribunal’s decision given orally
How and when oral decisions are taken to have been made
(1) A decision on a review that is given orally by the Tribunal is taken
to have been made, and notified to the applicant for the review, on
the day and at the time the decision is given orally.
Statement in relation to oral decision

(2) If the Tribunal makes an oral decision on a review, the Tribunal
must:
(a) make an oral statement that:
(i) describes the decision of the Tribunal on the review;
and
(ii) describes the reasons for the decision; and
(iii) describes the findings on any material questions of fact;
and
(v) identifies the day and time the decision is given orally;
or
(b) make a written statement that:
(i) sets out the decision of the Tribunal on the review; and
(ii) sets out the reasons for the decision; and
(iii) sets out the findings on any material questions of fact;
and
(v) records the day and time the decision is given orally.
(3) The Tribunal has no power to vary or revoke the decision after the
day and time the decision is given orally.

Section 430D
Written statement to be provided on request of applicant

within the period prescribed by regulation, the applicant makes a
Tribunal must:
(i) to the applicant by one of the methods specified in
section 441A; and
(ii) to the Secretary by one of the methods specified in
section 441B.
Written statement to be provided on request of Minister

at any time after the oral statement is made, the Minister makes a
Tribunal must:
(i) to the Secretary by one of the methods specified in
section 441B; and
(ii) to the applicant by one of the methods specified in
section 441A.

(6) After the Tribunal makes a statement under subsection (2), the
Tribunal must:
based.

Section 431

(a) a failure to identify or record, under subsection (2), the day
and time when the decision was given orally; or
Note: Decisions on a review made under paragraph 426A(1A)(a) or (1C)(b),
or under subsection 426A(1E), must be made by a written statement
under section 430. They cannot be given orally. These decisions may
Tribunal.
431 Identifying information not to be published

The Tribunal must not publish a statement made under
subsection 430(1) which may identify an applicant or any relative
or other dependant of an applicant.
Note: Section 66B of the Administrative Appeals Tribunal Act 1975 allows
the Tribunal to publish decisions and the reasons for them. However,
section 66B does not authorise the publication of information if its
disclosure would be prohibited or restricted by another enactment
(such as this) conferring jurisdiction on the Tribunal.

Division 6 Part 7-reviewable decisions: offences
Section 432
Division 6—Part 7-reviewable decisions: offences
432 Failure to comply with summons

(a) the Tribunal gives a summons to the person under
section 427; and
(b) the person fails to comply with the summons.
(2) Subsection (1) does not apply if complying with the summons
might tend to incriminate the person.
433 Refusal to be sworn or to answer questions
Oath or affirmation
(b) the person has been required under section 427 either to take
an oath or to make an affirmation; and
(c) the person fails to comply with the requirement.
Questions
(b) the Tribunal has required the person to answer a question for
the purposes of the proceeding; and
(c) the person fails to answer the question.

Part 7-reviewable decisions: offences Division 6
Section 433

(3) Subsection (2) does not apply if answering the question might tend
to incriminate the person.

Section 437
Division 7—Part 7-reviewable decisions: miscellaneous
437 Restrictions on disclosure of certain information etc.

In spite of anything else in this Act, the Secretary must not give to
the Tribunal a document, or information, if the Minister certifies,
in writing, that the disclosure of any matter contained in the
document, or the disclosure of the information, would be contrary
to the public interest:
438 Tribunal’s discretion in relation to disclosure of certain

information etc.
(a) the Minister has certified, in writing, that the disclosure of
any matter contained in the document, or the disclosure of
the information, would be contrary to the public interest for
any reason specified in the certificate (other than a reason set
out in paragraph 437(a) or (b)) that could form the basis for a
claim by the Crown in right of the Commonwealth in a
judicial proceeding that the matter contained in the
document, or the information, should not be disclosed; or
Department, in confidence.
(2) If, in compliance with a requirement of or under this Act, the
Secretary gives to the Tribunal a document or information to which
this section applies, the Secretary:
(a) must notify the Tribunal in writing that this section applies in
relation to the document or information; and

Part 7-reviewable decisions: miscellaneous Division 7
Section 440
(b) may give the Tribunal any written advice that the Secretary
information.
(3) If the Tribunal is given a document or information and is notified
that this section applies in relation to it, the Tribunal:
(a) may, for the purpose of the exercise of its powers, have
regard to any matter contained in the document, or to the
information; and
(b) may, if the Tribunal thinks it appropriate to do so having
regard to any advice given by the Secretary under
document, or the information, to the applicant.
(4) If the Tribunal discloses any matter to the applicant, under
subsection (3), the Tribunal must give a direction under
section 440 in relation to the information.
440 Tribunal may restrict publication or disclosure of certain

matters
(1) If the Tribunal is satisfied, in relation to a review, that it is in the
public interest that:
(a) any evidence given before the Tribunal; or
(b) any information given to the Tribunal; or
(c) the contents of any document produced to the Tribunal;
should not be published or otherwise disclosed, or should not be
published or otherwise disclosed except in a particular manner and
to particular persons, the Tribunal may give a written direction
accordingly.
(2) If the Tribunal has given a direction under subsection (1) in
relation to the publication of any evidence or information or of the
contents of a document, the direction does not:
(a) excuse the Tribunal from its obligations under section 430; or
matter contained in the evidence, information or document, if

Section 440

the Tribunal.
(3) A person must not contravene a direction given by the Tribunal
under subsection (1) that is applicable to the person.

Review of Part 7-reviewable decisions: giving and receiving documents Division 7A
Section 441AA
Division 7A—Review of Part 7-reviewable decisions: giving

and receiving documents
441AA Giving documents by Tribunal where no requirement to do

so by section 441A or 441B method
(1) If:
the Tribunal to give a document to a person; and
(i) by one of the methods specified in section 441A or
441B; or
the Tribunal may give the document to the person by any method
Note 1: If 2 or more persons apply for a review of a decision together, a
document given to a person is taken to be given to each of them, see
section 441EA.
Note 2: Under section 441G an applicant may give the Tribunal the name of
an authorised recipient who is to receive documents on the applicant’s
behalf.
(2) If a person is a minor, the Tribunal may give a document to an

individual who is at least 18 years of age if a member or an officer
of the Tribunal reasonably believes that:
minor; or

Division 7A Review of Part 7-reviewable decisions: giving and receiving documents
Section 441A
(2A) However, subsection (2) does not apply if section 441EA (which
(3) If the Tribunal gives a document to an individual, as mentioned in
subsection (2), the Tribunal is taken to have given the document to
the minor. However, this does not prevent the Tribunal giving the
441A Methods by which Tribunal gives documents to a person other

than the Secretary
Coverage of section
(a) require or permit the Tribunal to give a document to a person
(1A) If a person is a minor, the Tribunal may use the methods
mentioned in subsections (4) and (5) to dispatch or transmit, as the
case may be, a document to an individual (a carer of the minor):
(b) who a member or an officer of the Tribunal reasonably
believes:
(ii) works in or for an organisation that has day-to-day care
Note: If the Tribunal gives an individual a document by the method
mentioned in subsection (4) or (5), the individual is taken to have
received the document at the time specified in section 441C in respect
of that method.

Section 441A
(1B) However, subsection (1A) does not apply if section 441EA (which
Giving by hand
document to the recipient.

(3) Another method consists of a member or an officer of the Tribunal,
or a person authorised in writing by the Registrar, handing the
document to another person who:
Tribunal by the recipient in connection with the review; and

the document; and
(c) to:
(i) the last address for service provided to the Tribunal by
the recipient in connection with the review; or
Tribunal by the recipient in connection with the review;
or
the minor that is known by the member or officer.

Section 441B

(a) fax; or
(b) email; or
to:
as the case may be, provided to the Tribunal by the recipient
in connection with the review; or
carer of the minor that is known by the member or officer.

(6) If the Tribunal gives a document to a carer of a minor, the Tribunal
does not prevent the Tribunal giving the minor a copy of the
document.
441B Methods by which Tribunal gives documents to the Secretary
Coverage of section
(a) require or permit the Tribunal to give a document to the
Secretary; and
Giving by hand
document to the Secretary or to an authorised officer.

Section 441C

the document; and
(c) to an address, notified to the Tribunal in writing by the
Secretary, to which such documents can be dispatched.

(a) fax; or
(b) email; or
notified to the Tribunal in writing by the Secretary for the purpose.
441C When a person other than the Secretary is taken to have

received a document from the Tribunal
(1) This section applies if the Tribunal gives a document to a person
other than the Secretary by one of the methods specified in
section 441A (including in a case covered by section 441AA).
Giving by hand
subsection 441A(2) (which involves handing the document to the

subsection 441A(3) (which involves handing the document to

Section 441C

person.

subsection 441A(4) (which involves dispatching the document by

subsection 441A(5) (which involves transmitting the document by
is transmitted.

(7) If:
(a) the Tribunal purports to give a document to a person in
accordance with a method specified in section 441A
(including in a case covered by section 441AA) but makes an
error in doing so; and
mentioned in this section as if the Tribunal had given the document
to the person without making an error in doing so, unless the
person can show that he or she received it at a later time, in which
case, the person is taken to have received it at that time.

Section 441D
441D When the Secretary is taken to have received a document from

the Tribunal
(1) This section applies if the Tribunal gives a document to the
Secretary by one of the methods specified in section 441B
(including in a case covered by section 441AA).
Giving by hand
Secretary or to an authorised officer), the Secretary is taken to have
received the document when it is handed to the Secretary or to the
authorised officer.

post or by other means), the Secretary is taken to have received the
document:

fax, email or other electronic means), the Secretary is taken to have
is transmitted.
441EA Giving documents by Tribunal—combined applications

If 2 or more persons apply for a review of a decision together,
documents given to any of them in connection with the review are
taken to be given to each of them.

Section 441F
Note 1: If the Tribunal gives a person a document by a method specified in

Note 2: Section 441G deals with giving documents to a person’s authorised
recipient.
441F Giving documents etc. to the Tribunal

If, in relation to the review of a Part 7-reviewable decision, a
Tribunal, the person must do so:
(a) by giving the document or thing to an officer of the Tribunal;
or
(b) by a method set out in directions under section 18B of the
Administrative Appeals Tribunal Act 1975; or
(c) if the regulations set out a method for doing so—by that
method.
441G Authorised recipient

(1) If:
(a) a person (the applicant) applies for review of a
Part 7-reviewable decision; and
(b) the applicant gives the Tribunal written notice of the name
and address of another person (the authorised recipient)
authorised by the applicant to receive documents in
connection with the review;
the Tribunal must give the authorised recipient, instead of the
applicant, any document that it would otherwise have given to the
applicant.
Note: If the Tribunal gives a person a document by a method specified in
(1A) For the purposes of subsection (1):

(a) paragraph (1)(a) is taken to also apply to an application for
review of a Part 7-reviewable decision where the application
is not a valid application under section 412; and

Section 441G
(b) in connection with such an application, paragraph (1)(b) is

taken to apply to a notice of a kind referred to in that
paragraph as if the notice authorised the authorised recipient
to receive documents in connection with the application
(including a document notifying that recipient that the
application is not a valid application under that section).
(2) If the Tribunal gives a document to the authorised recipient, the
Tribunal is taken to have given the document to the applicant.
However, this does not prevent the Tribunal giving the applicant a
copy of the document.
(3) Subject to subsection (3A), the applicant (but not the authorised
recipient) may vary or withdraw the notice under paragraph (1)(b)
at any time, but must not (unless the regulations provide otherwise)
vary the notice so that any more than one person becomes the
applicant’s authorised recipient.
(3A) In addition to the applicant being able to vary the notice under
paragraph (1)(b) by varying the address of the authorised recipient,
(5) This section does not apply to the Tribunal giving documents to, or
communicating with, the applicant when the applicant is appearing
before the Tribunal.

Part 7AA Fast track review process in relation to certain protection visa decisions
Division 1 Introduction
Section 473BA
Part 7AA—Fast track review process in relation to

certain protection visa decisions
Division 1—Introduction
473BA Simplified outline of this Part
This Part provides a limited form of review of certain decisions

(fast track decisions) to refuse protection visas to some applicants,
including unauthorised maritime arrivals who entered Australia on
or after 13 August 2012, but before 1 January 2014, and who have
not been taken to a regional processing country. These applicants
are known as fast track review applicants and decisions to refuse
to grant them protection visas are known as fast track reviewable
decisions.
Fast track decisions made in relation to some applicants are

excluded from the fast track review process. These applicants are
known as excluded fast track review applicants.
Fast track review applicants and excluded fast track review

applicants are collectively known as fast track applicants.
Fast track reviewable decisions must be referred by the Minister to

the Immigration Assessment Authority as soon as reasonably
practicable after a decision is made. A person cannot make an
application for review directly to the Immigration Assessment
Authority.
Decisions to refuse to grant protection visas to fast track applicants

are generally not otherwise reviewable under this Act, although
some decisions are reviewable by the Administrative Appeals
Tribunal.

Fast track review process in relation to certain protection visa decisions Part 7AA
Introduction Division 1
Section 473BB
The Immigration Assessment Authority consists of the President of

the Administrative Appeals Tribunal, the head of the Migration and
Refugee Division of the Tribunal, the Senior Reviewer and other
Reviewers. The President and that Division head are responsible
for the overall administration and operation of the Immigration
Assessment Authority. The Senior Reviewer is appointed by the
President or that Division head. The Senior Reviewers and other
Reviewers are engaged under the Public Service Act 1999.
In reviewing fast track reviewable decisions, the Immigration

Assessment Authority is required to pursue the objective of
providing a mechanism of limited review that is efficient, quick,
free of bias and consistent with Division 3 (conduct of review).
The Immigration Assessment Authority does not hold hearings and

is required to review decisions on the papers that are provided to it
when decisions are referred to it. However, in exceptional
circumstances the Immigration Assessment Authority may
consider new material and may invite referred applicants to
provide, or comment on, new information at an interview or in
writing.
The Immigration Assessment Authority may affirm a referred

decision or may remit the decision for reconsideration in
accordance with directions.
The Immigration Assessment Authority may give directions

restricting the disclosure of information. There are also specific
requirements for the giving and receiving of documents.
473BB Definitions
In this Part:
Division head means the head of the Migration and Refugee
Division of the Tribunal.
fast track reviewable decision means:

Division 1 Introduction
Section 473BC
(a) a fast track decision in relation to a fast track review

applicant; or
(b) a fast track decision determined under section 473BC;
but does not include a fast track decision in relation to which the
Minister has issued a conclusive certificate under section 473BD.
Note: Fast track decisions are decisions (subject to some exceptions) to
refuse to grant protection visas to certain applicants, known as fast
track applicants. Some specified fast track applicants are known as
excluded fast track review applicants; all others are known as fast
track review applicants. The highlighted terms are defined in
subsection 5(1).
new information has the meaning given by subsection 473DC(1).

President means the President of the Tribunal.
referred applicant means an applicant for a protection visa in
respect of whom a fast track reviewable decision is referred under
section 473CA.
Reviewer means a Reviewer engaged in accordance with
Division 8, and includes the Senior Reviewer.
review material has the meaning given by section 473CB.
Senior Reviewer means the Senior Reviewer appointed under
section 473JC.
473BC Minister may determine that certain decisions are to be

reviewed under this Part
The Minister may, by legislative instrument, determine that a
specified fast track decision, or a specified class of fast track
decisions, in relation to an excluded fast track review applicant
should be reviewed under this Part.
Note 1: Excluded fast track review applicant and fast track decision are
defined in subsection 5(1).

Introduction Division 1
Section 473BD
Note 2: If the Minister makes a determination, the fast track decision is a fast
track reviewable decision (see paragraph (b) of the definition of fast
track reviewable decision in section 473BB).
473BD Minister may issue conclusive certificate in relation to

certain decisions
The Minister may issue a conclusive certificate in relation to a fast
track decision if the Minister believes that:
decision; or
to be reviewed.
Note: If the Minister issues a conclusive certificate, the fast track decision is
not a fast track reviewable decision (see definition of fast track
reviewable decision in section 473BB).

Division 2 Referral of fast track reviewable decisions to Immigration Assessment
Authority
Section 473CA
Division 2—Referral of fast track reviewable decisions to

Immigration Assessment Authority
473CA Referral of fast track reviewable decisions

The Minister must refer a fast track reviewable decision to the
Immigration Assessment Authority as soon as reasonably
practicable after the decision is made.
473CB Material to be provided to Immigration Assessment

Authority
(1) The Secretary must give to the Immigration Assessment Authority

the following material (review material) in respect of each fast
track reviewable decision referred to the Authority under
section 473CA:
(a) a statement that:
(i) sets out the findings of fact made by the person who
made the decision; and
(ii) refers to the evidence on which those findings were
based; and
(iii) gives the reasons for the decision;
(b) material provided by the referred applicant to the person
making the decision before the decision was made;
(c) any other material that is in the Secretary’s possession or
control and is considered by the Secretary (at the time the
decision is referred to the Authority) to be relevant to the
review;
(d) the following details:
(i) the last address for service provided to the Minister by
the referred applicant for the purposes of receiving
documents;
Minister by the referred applicant for the purposes of
receiving documents;

Referral of fast track reviewable decisions to Immigration Assessment Authority
Division 2
Section 473CC
(iii) the last fax number, email address or other electronic
address provided to the Minister by the referred
applicant for the purposes of receiving documents;
(iv) if an address or fax number mentioned in
subparagraph (i), (ii) or (iii) has not been provided to
the Minister by the referred applicant, or if the Minister
reasonably believes that the last such address or number
provided to the Minister is no longer correct—such an
address or number (if any) that the Minister reasonably
believes to be correct at the time the decision is referred
to the Authority;
(v) if the referred applicant is a minor—the last address or
fax number of a kind mentioned in subparagraph (i),
(ii), (iii) or (iv) (if any) for a carer of the minor.
(2) The Secretary must give the review material to the Immigration
Assessment Authority at the same time as, or as soon as reasonably
practicable after, the decision is referred to the Authority.
473CC Review of decision

(1) The Immigration Assessment Authority must review a fast track
reviewable decision referred to the Authority under section 473CA.
(2) The Immigration Assessment Authority may:
(a) affirm the fast track reviewable decision; or
(b) remit the decision for reconsideration in accordance with
such directions or recommendations of the Authority as are
permitted by regulation.

Division 3 Conduct of review
Section 473DA
Division 3—Conduct of review

Subdivision A—Natural justice requirements
473DA Exhaustive statement of natural justice hearing rule

(1) This Division, together with sections 473GA and 473GB, is taken
to be an exhaustive statement of the requirements of the natural
justice hearing rule in relation to reviews conducted by the
Immigration Assessment Authority.
(2) To avoid doubt, nothing in this Part requires the Immigration
Assessment Authority to give to a referred applicant any material
that was before the Minister when the Minister made the decision
under section 65.
Subdivision B—Review on the papers
473DB Immigration Assessment Authority to review decisions on

the papers
(1) Subject to this Part, the Immigration Assessment Authority must
review a fast track reviewable decision referred to it under
section 473CA by considering the review material provided to the
Authority under section 473CB:
(a) without accepting or requesting new information; and
(b) without interviewing the referred applicant.
(2) Subject to this Part, the Immigration Assessment Authority may
make a decision on a fast track reviewable decision at any time
after the decision has been referred to the Authority.
Note: Some decisions to refuse to grant a protection visa to fast track
applicants are not reviewable by the Immigration Assessment
Authority (see paragraphs (a) and (b) of the definition of fast track
decision in subsection 5(1)).

Conduct of review Division 3
Section 473DC
Subdivision C—Additional information
473DC Getting new information

(1) Subject to this Part, the Immigration Assessment Authority may, in
relation to a fast track decision, get any documents or information
(new information) that:
(a) were not before the Minister when the Minister made the
decision under section 65; and
(b) the Authority considers may be relevant.
(2) The Immigration Assessment Authority does not have a duty to
get, request or accept, any new information whether the Authority
is requested to do so by a referred applicant or by any other person,
or in any other circumstances.
(3) Without limiting subsection (1), the Immigration Assessment
Authority may invite a person, orally or in writing, to give new
information:
(a) in writing; or
(b) at an interview, whether conducted in person, by telephone or
in any other way.
473DD Considering new information in exceptional circumstances

For the purposes of making a decision in relation to a fast track
reviewable decision, the Immigration Assessment Authority must
not consider any new information unless:
(a) the Authority is satisfied that there are exceptional
circumstances to justify considering the new information;
and
(b) the referred applicant satisfies the Authority that, in relation
to any new information given, or proposed to be given, to the
Authority by the referred applicant, the new information:
(i) was not, and could not have been, provided to the
Minister before the Minister made the decision under
section 65; or

Division 3 Conduct of review
Section 473DE
(ii) is credible personal information which was not

previously known and, had it been known, may have
affected the consideration of the referred applicant’s
claims.
473DE Certain new information must be given to referred applicant

(1) The Immigration Assessment Authority must, in relation to a fast
track reviewable decision:
(a) give to the referred applicant particulars of any new
information, but only if the new information:
(i) has been, or is to be, considered by the Authority under
section 473DD; and
(ii) would be the reason, or a part of the reason, for
affirming the fast track reviewable decision; and
(b) explain to the referred applicant why the new information is
relevant to the review; and
(c) invite the referred applicant, orally or in writing, to give
comments on the new information:
(i) in writing; or
(ii) at an interview, whether conducted in person, by
telephone or in any other way.
(2) The Immigration Assessment Authority may give the particulars
mentioned in paragraph (1)(a) in the way that the Authority thinks
appropriate in the circumstances.
(3) Subsection (1) does not apply to new information that:
(a) is not specifically about the referred applicant and is just
about a class of persons of which the referred applicant is a
member; or
(b) is non-disclosable information; or
(c) is prescribed by regulation for the purposes of this paragraph.
Note: Under subsection 473DA(2) the Immigration Assessment Authority is
not required to give to a referred applicant any material that was
before the Minister when the Minister made the decision under
section 65.

Conduct of review Division 3
Section 473DF
473DF Invitation to give new information or comments in writing or

at interview
(1) This section applies if a referred applicant is:
(a) invited under section 473DC to give new information in
writing or at an interview; or
(b) invited under section 473DE to give comments on new
information in writing or at an interview.
(2) The information or comments are to be given within a period that
is prescribed by regulation and specified in the invitation.
(3) The Immigration Assessment Authority may determine the manner
in which, and the place and time at which, an interview is to be
conducted.
(4) If the referred applicant does not give the new information or
comments in accordance with the invitation, the Immigration
Assessment Authority may make a decision on the review:
(a) without taking any further action to get the information or the
referred applicant’s comments on the information; or
(b) without taking any further action to allow or enable the
referred applicant to take part in a further interview.

Division 4 Decisions of Immigration Assessment Authority
Section 473EA
Division 4—Decisions of Immigration Assessment

Authority
473EA Immigration Assessment Authority’s decision and written

statement

(1) If the Immigration Assessment Authority makes a decision on a
review under this Part, the Authority must make a written
statement that:
(a) sets out the decision of the Authority on the review; and
(c) records the day and time the statement is made.

(2) A decision on a review is taken to have been made:
(3) The Immigration Assessment Authority has no power to vary or
revoke a decision to which subsection (2) applies after the day and
time the written statement is made.

(4) After the Immigration Assessment Authority makes the written
statement, the Authority must:
based.

Decisions of Immigration Assessment Authority Division 4
Section 473EB

(a) a failure to record, under paragraph (1)(c), the day and time
473EB Notification of Immigration Assessment Authority’s decision

(1) The Immigration Assessment Authority must notify the referred
applicant of a decision on a review by giving the referred applicant
a copy of the written statement prepared under
subsection 473EA(1). The copy must be given to the applicant:
have been made; and
(b) by one of the methods specified in section 473HB.
have been made; and
(b) by one of the methods specified in section 473HC.
473EC Certain decisions of the Immigration Assessment Authority

to be published
(1) Subject to subsection (2), and to any direction under
section 473GD, the Immigration Assessment Authority may
publish any statements prepared under subsection 473EA(1) that
the President thinks are of particular interest.
(2) The Immigration Assessment Authority must not publish any
statement which may identify a referred applicant or any relative or
other dependent of a referred applicant.

Division 4 Decisions of Immigration Assessment Authority
Section 473EC
Note: Section 5G may be relevant for determining relationships for the

purposes of subsection (2).

Exercise of powers and functions by Immigration Assessment Authority Division 5
Section 473FA
Division 5—Exercise of powers and functions by

Immigration Assessment Authority
473FA How Immigration Assessment Authority is to exercise its

functions
(1) The Immigration Assessment Authority, in carrying out its
functions under this Act, is to pursue the objective of providing a
mechanism of limited review that is efficient, quick, free of bias
and consistent with Division 3 (conduct of review).
Note: Under section 473DB the Immigration Assessment Authority is
generally required to undertake a review on the papers.
(2) The Immigration Assessment Authority, in reviewing a decision, is

not bound by technicalities, legal forms or rules of evidence.
473FB Practice directions

(1) The President may, in writing, issue directions, not inconsistent
with this Act or the regulations as to:
(a) the operations of the Immigration Assessment Authority; and
(b) the conduct of reviews by the Authority.
(2) Without limiting subsection (1), the directions may:
(a) relate to the application of efficient processing practices in
the conduct of reviews by the Immigration Assessment
Authority; or
(b) set out procedures to be followed by persons giving new
information to the Authority in writing or at interview.
(3) The Immigration Assessment Authority must, as far as practicable,
comply with the directions. However, non-compliance with any
direction does not mean that the Authority’s decision on a review
is an invalid decision.

Division 5 Exercise of powers and functions by Immigration Assessment Authority
Section 473FC
(4) If the Immigration Assessment Authority deals with a review of a

decision in a way that complies with the directions, the Authority is
not required to take any other action in dealing with the review.
(5) The Immigration Assessment Authority is not required to accept
new information or documents from a person, or to hear or
continue to hear a person at an interview, if the person fails to
comply with a relevant direction that applies to the person.
473FC Guidance decisions

(1) The President may, in writing, direct that a decision (the guidance
decision) of the Tribunal, the Immigration Assessment Authority
or the former Refugee Review Tribunal specified in the direction is
to be complied with by the Authority in reaching a decision on a
review of a fast track reviewable decision of a kind specified in the
direction.
Immigration Assessment Authority must comply with the guidance
decision unless the Authority is satisfied that the facts or
circumstances of the decision under review are clearly
distinguishable from the facts or circumstances of the guidance
decision.
(3) However, non-compliance by the Immigration Assessment
Authority with a guidance decision does not mean that the
Authority’s decision on a review is an invalid decision.

Disclosure of information Division 6
Section 473GA
Division 6—Disclosure of information
473GA Restrictions on disclosure of certain information etc.

(1) Despite anything else in this Act, the Secretary must not give to the
Immigration Assessment Authority a document, or information, if
the Minister certifies, under subsection (2), that the disclosure of
any matter contained in the document, or the disclosure of the
information, would be contrary to the public interest:
(2) The Minister may issue a written certificate for the purposes of
subsection (1).
473GB Immigration Assessment Authority’s discretion in relation to

disclosure of certain information etc.
(a) the Minister has certified, under subsection (5), that the
disclosure of any matter contained in the document, or the
disclosure of the information, would be contrary to the public
interest for any reason specified in the certificate (other than
a reason set out in paragraph 473GA(1)(a) or (b)) that could
form the basis for a claim by the Crown in right of the
Commonwealth in a judicial proceeding that the matter
contained in the document, or the information, should not be
disclosed; or
Department, in confidence.
(2) If, in compliance with a requirement of or under this Act, the
Secretary gives to the Immigration Assessment Authority a

Division 6 Disclosure of information
Section 473GC
document or information to which this section applies, the

Secretary:
(a) must notify the Authority in writing that this section applies
in relation to the document or information; and
(b) may give the Authority any written advice that the Secretary
information.
(3) If the Immigration Assessment Authority is given a document or
information and is notified that this section applies in relation to it,
the Authority:
(a) may, for the purpose of the exercise of its powers in relation
to a fast track reviewable decision in respect of a referred
applicant, have regard to any matter contained in the
document, or to the information; and
(b) may, if the Authority thinks it appropriate to do so having
regard to any advice given by the Secretary under
document, or the information, to the referred applicant.
(4) If the Immigration Assessment Authority discloses any matter to
the referred applicant under subsection (3), the Authority must give
a direction under section 473GD in relation to the information.
(5) The Minister may issue a written certificate for the purposes of
subsection (1).
473GC Disclosure of confidential information

(1) This section applies to a person who is or has been:
(a) a Reviewer; or
(b) a person acting as a Reviewer; or
(c) a person mentioned in subsection 473JE(2) who is assisting
the Immigration Assessment Authority; or
(d) a person providing interpreting services in connection with a
review by the Authority.

Section 473GC
(2) This section applies to information or a document if the

information or document concerns a person and is obtained by a
person to whom this section applies in the course of performing
functions or duties or exercising powers under this Act.
(3) A person to whom this section applies must not:
(a) make a record of any information to which this section
applies; or
(b) divulge or communicate to any person any information to
which this section applies;
unless the record is made or the information is divulged or
communicated:
(c) for the purposes of this Act; or
(d) for the purposes of, or in connection with, the performance of
a function or duty or the exercise of a power under this Act.
(4) Subsection (3) applies to the divulging or communication of
information whether directly or indirectly.
(5) A person to whom this section applies must not be required to
produce any document, or to divulge or communicate any
information, to which this section applies to or in:
(a) a court; or
(b) a tribunal; or
(c) a House of the Parliament of the Commonwealth, of a State
or of a Territory; or
(d) a committee of a House, or the Houses, of the Parliament of
the Commonwealth, of a State or of a Territory; or
(e) any other authority or person having power to require the
production of documents or the answering of questions;
except where it is necessary to do so for the purposes of carrying
into effect the provisions of this Act.
(6) Nothing in this section affects a right that a person has under the
Freedom of Information Act 1982.

Division 6 Disclosure of information
Section 473GD
(7) For the purposes of this section, a person who is providing

interpreting services in connection with a review by the
Immigration Assessment Authority is taken to be performing a
function under this Act.
produce includes permit access to.
473GD Immigration Assessment Authority may restrict publication

or disclosure of certain matters
(1) If the President is satisfied, in relation to a review, that it is in the
public interest that:
(a) any information given to the Immigration Assessment
Authority; or
(b) the contents of any document produced to the Authority;
should not be published or otherwise disclosed, or should not be
published or otherwise disclosed except in a particular manner and
to particular persons, the President may give a written direction
accordingly.
(2) A direction under subsection (1):
(a) must be in writing; and
(b) must be notified in a way that the President considers
appropriate.
(3) If the President has given a direction under subsection (1) in
relation to the publication of any information or of the contents of a
document, the direction does not:
(a) excuse the Immigration Assessment Authority from its
obligations under section 473EA; or
matter contained in the evidence, information or document, if
the Authority.

Section 473GD
(4) A person must not contravene a direction given under

subsection (1) that is applicable to the person

Division 7 Giving and receiving review documents etc.
Section 473HA
Division 7—Giving and receiving review documents etc.
473HA Giving documents by Immigration Assessment Authority

where no requirement to do so by section 473HB or
473HC method
(1) If:
the Immigration Assessment Authority to give a document to
a person; and
(i) by one of the methods specified in section 473HB or
473HC; or
the Authority may give the document to the person by any method
Note: Under section 473HG a referred applicant may give the Immigration
Assessment Authority the name of an authorised recipient who is to
receive documents on the referred applicant’s behalf.
(2) If a person is a minor, the Immigration Assessment Authority may

give a document to an individual who is at least 18 years of age if
the Authority reasonably believes that:
minor; or
(3) If the Immigration Assessment Authority gives a document to an
individual, as mentioned in subsection (2), the Authority is taken to
have given the document to the minor. However, this does not
prevent the Authority giving the minor a copy of the document.

Giving and receiving review documents etc. Division 7
Section 473HB
473HB Methods by which Immigration Assessment Authority gives

documents to a person other than the Secretary
Coverage of section
(a) require or permit the Immigration Assessment Authority to
give a document to a person (the recipient); and
(b) state that the Authority must do so by one of the methods
(2) If the recipient is a minor, the Immigration Assessment Authority
may use the methods mentioned in subsections (5) and (6) to
dispatch or transmit, as the case may be, a document to an
individual (a carer of the minor):
(b) who the Authority reasonably believes:
Note: If the Immigration Assessment Authority gives an individual a
document by the method mentioned in subsection (5) or (6), the
individual is taken to have received the document at the time specified
in section 473HD in respect of that method.
Giving by hand
(3) One method consists of a Reviewer, a person authorised in writing
by the Senior Reviewer, or a person mentioned in
subsection 473JE(2), handing the document to the recipient.

Section 473HB

(4) Another method consists of a Reviewer, a person authorised in
writing by the Senior Reviewer, or a person mentioned in
subsection 473JE(2), handing the document to another person who:
(a) is at the last residential or business address of the recipient
provided to the Immigration Assessment Authority in
connection with the review; and

(5) Another method consists of a Reviewer or a person mentioned in
subsection 473JE(2) dating the document, and then dispatching it:
the document; and
(c) to:
(i) the last address for service of the recipient provided to
the Immigration Assessment Authority in connection
with the review; or
(ii) the last residential or business address of the recipient
provided to the Authority in connection with the review;
or
the minor provided to the Authority.

subsection 473JE(2), transmitting the document by:
(a) fax; or
(b) email; or
to:

Section 473HC
as the case may be, of the recipient provided to the
Immigration Assessment Authority; or
carer of the minor that is provided to the Authority.

(7) If the Immigration Assessment Authority gives a document to a
carer of a minor, the Authority is taken to have given the document
to the minor. However, this does not prevent the Authority giving
the minor a copy of the document.
473HC Methods by which Immigration Assessment Authority gives

documents to the Secretary
Coverage of section
(a) require or permit the Immigration Assessment Authority to
give a document to the Secretary; and
(b) state that the Authority must do so by one of the methods
Giving by hand
(2) One method consists of a Reviewer, a person authorised in writing
by the Senior Reviewer or a person mentioned in
subsection 473JE(2), handing the document to the Secretary or to
an authorised officer.

subsection 473JE(2), dating the document, and then dispatching it:

Section 473HD
the document; and
(c) to an address, notified to the Immigration Assessment
Authority in writing by the Secretary, to which such
documents can be dispatched.
Transmission by fax, e-mail or other electronic means

subsection 473JE(2), transmitting the document by:
(a) fax; or
(b) email; or
notified to the Authority in writing by the Secretary for the
purpose.
473HD When a person other than the Secretary is taken to have

received a document from the Immigration Assessment
Authority
(1) This section applies if the Immigration Assessment Authority gives
a document to a person other than the Secretary by one of the
methods specified in section 473HB (including in a case covered
by section 473HA).
Giving by hand
person by the method in subsection 473HB(3) (which involves
handing the document to the person), the person is taken to have
received the document when it is handed to the person.


Section 473HD
handing the document to another person at a residential or business

address), the person is taken to have received the document when it
is handed to the other person.

dispatching the document by prepaid post or by other prepaid
means), the person is taken to have received the document 7
working days (in the place of that address) after the date of the
document.

transmitting the document by fax, email or other electronic means),
the person is taken to have received the document at the end of the
day on which the document is transmitted.
(6) Subsection (5) applies despite sections 14, 14A and 14B of the
Electronic Transactions Act 1999.

(7) If:
(a) the Immigration Assessment Authority purports to give a
document to a person in accordance with a method specified
in section 473HB (including in a case covered by
section 473HA) but makes an error in doing so; and
mentioned in this section as if the Authority had given the
document to the person without making an error in doing so, unless
the person can show that he or she received it at a later time, in
which case, the person is taken to have received it at that time.

Section 473HE
473HE When the Secretary is taken to have received a document

from the Immigration Assessment Authority
(1) This section applies if the Immigration Assessment Authority gives
a document to the Secretary by one of the methods specified in
section 473HC (including in a case covered by section 473HA).
Giving by hand
(2) If the Immigration Assessment Authority gives a document to the
Secretary by the method in subsection 473HC(2) (which involves
handing the document to the Secretary or to an authorised officer),
the Secretary is taken to have received the document when it is
handed to the Secretary or to the authorised officer.

dispatching the document by post or by other means), the Secretary
is taken to have received the document 7 working days (in the
place of that address) after the date of the document.

transmitting the document by fax, email or other electronic means),
the Secretary is taken to have received the document at the end of
the day on which the document is transmitted.
(5) Subsection (4) applies despite sections 14, 14A and 14B of the
Electronic Transactions Act 1999.

Section 473HF
473HF Giving documents etc. to the Immigration Assessment

Authority
(1) If, in relation to the review of fast track reviewable decision, a
Immigration Assessment Authority, the person must do so:
(a) by a method set out in directions under section 473FB; or
(b) if the regulations set out a method for doing so—by that
method.
(2) Directions under section 473FB may make provision for a person
to give a copy of a document, rather than the document itself, to
the Immigration Assessment Authority.
473HG Authorised recipient

(1) If:
(a) a fast track reviewable decision in respect of a referred
applicant is referred for review; and
(b) the referred applicant gives the Immigration Assessment
Authority written notice of the name and address of another
person (the authorised recipient) authorised by the referred
applicant to receive documents in connection with the
review;
the Authority must give the authorised recipient, instead of the
referred applicant, any document that it would otherwise have
given to the referred applicant.
Note: If the Immigration Assessment Authority gives a person a document
by a method specified in section 473HB, the person is taken to have
received the document at the time specified in section 473HD in
respect of that method.

authorised recipient, the Authority is taken to have given the
document to the referred applicant. However, this does not prevent
the Authority giving the referred applicant a copy of the document.
(3) Subject to subsection (4), the referred applicant may vary or
withdraw the notice under paragraph (1)(b) at any time, but must

Section 473HG
not (unless the regulations provide otherwise) vary the notice so

that any more than one person becomes the referred applicant’s
authorised recipient.
(4) In addition to the referred applicant being able to vary the notice
under paragraph (1)(b) by varying the address of the authorised
recipient, that recipient may also vary that notice by varying that
address.
(5) This section does not apply to the Immigration Assessment
Authority giving documents to, or communicating with, the
referred applicant when the referred applicant is appearing at an
interview with the Authority.

The Immigration Assessment Authority Division 8
Section 473JA
Division 8—The Immigration Assessment Authority
473JA The Immigration Assessment Authority

(1) The Immigration Assessment Authority is established within the
Migration and Refugee Division of the Tribunal.
(2) The Immigration Assessment Authority consists of the following
persons:
(a) the President;
(aa) the Division head;
(b) the Senior Reviewer and other Reviewers.
(3) The President, the Division head, the Senior Reviewer and the
other Reviewers are to exercise the powers, and perform the
functions, of the Immigration Assessment Authority under this
Part.
473JB Administrative arrangements

(1) The President and the Division head are responsible for the overall
operation and administration of the Immigration Assessment
Authority and, for that purpose, either of them may issue directions
or determine policies.
(1A) If a power or function is conferred on the President under this Part,
the power may be exercised, or the function performed, by either
the President or the Division head.
Example: The Division head may exercise the President’s power to make a
direction under section 473FC (Guidance decisions).
(2) The Senior Reviewer is to manage the Immigration Assessment

Authority subject to the directions of, and in accordance with
policies determined by, the President or the Division head.

Division 8 The Immigration Assessment Authority
Section 473JC
473JC Appointment of Senior Reviewer

(1) The President must, by written instrument, appoint an SES
employee to be the Senior Reviewer.
(2) Before appointing a person as the Senior Reviewer, the President
must consult the Minister.
473JD Acting Senior Reviewer

The President may appoint a person to act as the Senior Reviewer:
(a) during a vacancy in the office of Senior Reviewer, whether or
not an appointment has previously been made to that office;
or
(b) during any period, or during all periods, when the Senior
Reviewer is absent from duty or from Australia or is, for any
other reason, unable to perform the duties of the office of
Senior Reviewer.
473JE Staff
(1) The Senior Reviewer and the other Reviewers are to be persons
engaged under the Public Service Act 1999.
(2) The Registrar must make available officers of the Tribunal (within
the meaning of the Administrative Appeals Tribunal Act 1975) to
assist the Immigration Assessment Authority in the performance of
its administrative functions.
473JF Delegation
(1) The President may delegate, in writing, all or any of the President’s
powers or functions under this Part to the Senior Reviewer.
(2) In exercising a power under a delegation, the Senior Reviewer
must comply with any written directions of the President.

Judicial review Part 8
Privative clause Division 1
Section 474
Part 8—Judicial review

Division 1—Privative clause
474 Decisions under Act are final

(1) A privative clause decision:
(a) is final and conclusive; and
(b) must not be challenged, appealed against, reviewed, quashed
or called in question in any court; and
(c) is not subject to prohibition, mandamus, injunction,
declaration or certiorari in any court on any account.
privative clause decision means a decision of an administrative
character made, proposed to be made, or required to be made, as
the case may be, under this Act or under a regulation or other
instrument made under this Act (whether in the exercise of a
discretion or not), other than a decision referred to in subsection (4)
or (5).
(3) A reference in this section to a decision includes a reference to the
following:
(a) granting, making, varying, suspending, cancelling, revoking
or refusing to make an order or determination;
(b) granting, giving, suspending, cancelling, revoking or refusing
to give a certificate, direction, approval, consent or
permission (including a visa);
(c) granting, issuing, suspending, cancelling, revoking or
refusing to issue an authority or other instrument;
(d) imposing, or refusing to remove, a condition or restriction;
(e) making or revoking, or refusing to make or revoke, a
declaration, demand or requirement;
(f) retaining, or refusing to deliver up, an article;
(g) doing or refusing to do any other act or thing;

Part 8 Judicial review
Division 1 Privative clause
Section 474
(h) conduct preparatory to the making of a decision, including

the taking of evidence or the holding of an inquiry or
investigation;
(i) a decision on review of a decision, irrespective of whether
the decision on review is taken under this Act or a regulation
or other instrument under this Act, or under another Act;
(j) a failure or refusal to make a decision.
(4) For the purposes of subsection (2), a decision under a provision, or
under a regulation or other instrument made under a provision, set
out in the following table is not a privative clause decision:
Decisions that are not privative clause decisions

Item Provision Subject matter of provision
1 section 213 Liability for the costs of removal or
deportation
2 section 217 Conveyance of removees
3 section 218 Conveyance of deportees etc.
4 section 222 Orders restraining non-citizens from
disposing of property
5 section 223 Valuables of detained non-citizens
6 section 224 Dealing with seized valuables
7 section 252 Searches of persons
8 section 259 Detention of vessels for search
9 section 260 Detention of vessels/dealing with detained
vessels
10 section 261 Disposal of certain vessels
11 Division 14 of Part 2 Recovery of costs
12 section 269 Taking of securities
13 section 272 Migrant centres
14 section 273 Detention centres
15 Part 3 Migration agents registration scheme
16 Part 4 Court orders about reparation
23 Division 7 of Part 5 Part-5 reviewable decisions: offences

Privative clause Division 1
Section 474
Decisions that are not privative clause decisions

Item Provision Subject matter of provision
28 Division 6 of Part 7 Part-7 reviewable decisions: offences
31 regulation 5.35 Medical treatment of persons in detention
(5) The regulations may specify that a decision, or a decision included

in a class of decisions, under this Act, or under regulations or
another instrument under this Act, is not a privative clause
decision.
(6) A decision mentioned in subsection 474(4), or specified (whether
by reference to a particular decision or a class of decisions) in
regulations made under subsection 474(5), is a non-privative
clause decision.
(7) To avoid doubt, the following decisions are privative clause
decisions within the meaning of subsection 474(2):
(a) a decision of the Minister not to exercise, or not to consider
the exercise, of the Minister’s power under
subsection 37A(2) or (3), section 48B, paragraph 72(1)(c),
section 91F, 91L, 91Q, 195A, 197AB, 197AD, 198AE, 351
or 417 or subsection 503A(3);
(d) a decision of the Minister under Division 13A of Part 2 to
order that a thing is not to be condemned as forfeited.
Note: Section 91Q was repealed by the Migration Amendment (Giving
Documents and Other Measures) Act 2023.

Division 2 Jurisdiction and procedure of courts
Section 474A
Division 2—Jurisdiction and procedure of courts
474A Definition of AAT Act migration decision

For the purposes of this Act, a decision under a provision of the
Administrative Appeals Tribunal Act 1975 set out in the following
table is an AAT Act migration decision, to the extent that the
decision is made in relation to any of the following:
(a) a review of a particular Part-5 reviewable decision or Part-7
reviewable decision;
(b) a function of the Tribunal in relation to the exercise of its
jurisdiction to review Part 5-reviewable decisions or
Part 7-reviewable decisions;
(c) a Tribunal member in the Migration and Refugee Division of
the Tribunal.
AAT Act migration decisions

Item Provision of the Subject matter of provision
Administrative
Appeals Tribunal
Act 1975
1 section 6 Appointment of members of the Tribunal
2 section 8 Term of appointment
3 section 9 Remuneration and allowances
4 section 10 Acting appointments
5 section 10A Delegation
6 section 11 Outside employment
7 section 12 Leave of absence
8 section 13 Termination of appointment (not Judges)
9 section 14 Disclosure of interests by members
10 section 17K Division heads
11 section 17L Deputy Division heads
12 section 18A Arrangement of business

Jurisdiction and procedure of courts Division 2
Section 475
AAT Act migration decisions

Item Provision of the Subject matter of provision
Administrative
Appeals Tribunal
Act 1975
13 section 18B President’s directions—arrangement of
business
14 section 19A President’s directions—constitution
15 section 19D Reconstitution
16 section 24C Appointment of Registrar
17 section 24N Staff
18 section 24P Functions of Registrar and staff
19 section 24PA Officers of the Tribunal
20 section 42 Resolving disagreements
21 section 64 Registries
Note: An AAT Act migration decision is a migration decision (see
paragraph (d) of the definition of migration decision in
subsection 5(1)).
475 This Division not to limit section 474

This Division is not to be taken to limit the scope or operation of
section 474.
476 Jurisdiction of the Federal Circuit and Family Court of

Australia (Division 2)
(1) Subject to this section, the Federal Circuit and Family Court of
Australia (Division 2) has the same original jurisdiction in relation
to migration decisions as the High Court has under paragraph 75(v)
of the Constitution.
(2) The Federal Circuit and Family Court of Australia (Division 2) has
no jurisdiction in relation to the following decisions:
(a) a primary decision;

Section 476A
(b) a privative clause decision, or purported privative clause

decision, of the Administrative Appeals Tribunal on review
under section 500;
(c) a privative clause decision, or purported privative clause
decision, made personally by the Minister under section 501,
501A, 501B, 501BA, 501C or 501CA;
(d) a privative clause decision or purported privative clause
decision mentioned in subsection 474(7).
(3) Nothing in this section affects any jurisdiction the Federal Circuit
and Family Court of Australia (Division 2) may have in relation to
non-privative clause decisions under section 8 of the
Administrative Decisions (Judicial Review) Act 1977 or
section 44AA of the Administrative Appeals Tribunal Act 1975.
primary decision means a privative clause decision or purported
privative clause decision:
(a) that is reviewable under Part 5 or 7 or section 500 (whether
or not it has been reviewed); or
(b) that would have been so reviewable if an application for such
review had been made within a specified period; or
(c) that has been, or may be, referred for review under Part 7AA
(whether or not it has been reviewed).
476A Limited jurisdiction of the Federal Court

(1) Despite any other law, including section 39B of the Judiciary Act
1903 and section 8 of the Administrative Decisions (Judicial
Review) Act 1977, the Federal Court has original jurisdiction in
relation to a migration decision if, and only if:
(a) both:
(i) the Federal Circuit and Family Court of Australia
(Division 2) transfers a proceeding pending in that court
in relation to the decision to the Federal Court under
section 153 of the Federal Circuit and Family Court of
Australia Act 2021; and

Section 476A
(ii) the Federal Court confirms the transfer under

section 32AD of the Federal Court of Australia Act
1976; or
(b) the decision is a privative clause decision, or a purported
privative clause decision, of the Administrative Appeals
Tribunal on review under section 500; or
(c) the decision is a privative clause decision, or purported
privative clause decision, made personally by the Minister
under section 501, 501A, 501B, 501BA, 501C or 501CA; or
(d) the Federal Court has jurisdiction in relation to the decision
under subsection 44(3) or 45(2) of the Administrative
Appeals Tribunal Act 1975.
Note: An appeal in relation to any of the following migration decisions
cannot be made to the Federal Court under section 44 of the
Administrative Appeals Tribunal Act 1975:
(a) a privative clause decision;
(b) a purported privative clause decision;
(c) an AAT Act migration decision.
In addition, reference of a question of law arising in relation to a
review of any of the proceedings mentioned in paragraph (a), (b) or
(c) cannot be made by the Tribunal to the Federal Court under
section 45 of the Administrative Appeals Tribunal Act 1975.
The only migration decisions in relation to which an appeal under
section 44 of that Act, or a referral under section 45 of that Act, can be
made to the Federal Court are non-privative clause decisions.
(1A) To avoid doubt, the Federal Court does not have original
jurisdiction in relation to a migration decision under subsection (1)
in respect of proceedings that are transferred to the Federal Court
under section 32AC of the Federal Court of Australia Act 1976.
(2) Where the Federal Court has jurisdiction in relation to a migration
decision under paragraph (1)(a), (b) or (c), that jurisdiction is the
same as the jurisdiction of the High Court under paragraph 75(v) of
the Constitution.
(3) Despite section 24 of the Federal Court of Australia Act 1976, an
appeal may not be brought to the Federal Court from:

Section 476B
(a) a judgment of the Federal Circuit and Family Court of

Australia (Division 2) that makes an order or refuses to make
an order under subsection 477(2); or
(b) a judgment of the Federal Court that makes an order or
refuses to make an order under subsection 477A(2).
(4) Despite section 33 of the Federal Court of Australia Act 1976, an
appeal may not be brought to the High Court from a judgment of
the Federal Court that makes an order or refuses to make an order
under subsection 477A(2).
judgment has the same meaning as in the Federal Court of
Australia Act 1976.
476B Remittal by the High Court

(1) Subject to subsection (3), the High Court must not remit a matter,
or any part of a matter, that relates to a migration decision to any
court other than the Federal Circuit and Family Court of Australia
(Division 2).
(2) The High Court must not remit a matter, or any part of a matter,
that relates to a migration decision to the Federal Circuit and
Family Court of Australia (Division 2) unless that court has
jurisdiction in relation to the matter, or that part of the matter,
under section 476.
(3) The High Court may remit a matter, or part of a matter, that relates
to a migration decision in relation to which the Federal Court has
jurisdiction under paragraph 476A(1)(b) or (c) to that court.
(4) Subsection (1) has effect despite section 44 of the Judiciary Act
1903.

Section 477
477 Time limits on applications to the Federal Circuit and Family

Court of Australia (Division 2)
(1) An application to the Federal Circuit and Family Court of Australia
(Division 2) for a remedy to be granted in exercise of the court’s
original jurisdiction under section 476 in relation to a migration
decision must be made to the court within 35 days of the date of
the migration decision.
(2) The Federal Circuit and Family Court of Australia (Division 2)
may, by order, extend that 35 day period as the Federal Circuit and
Family Court of Australia (Division 2) considers appropriate if:
(a) an application for that order has been made in writing to the
Federal Circuit and Family Court of Australia (Division 2)
specifying why the applicant considers that it is necessary in
the interests of the administration of justice to make the
order; and
(b) the Federal Circuit and Family Court of Australia
(Division 2) is satisfied that it is necessary in the interests of
the administration of justice to make the order.
date of the migration decision means:
(a) in the case of a migration decision made under
subsection 43(1) of the Administrative Appeals Tribunal Act
1975—the date of the written decision under that subsection;
or
(b) in the case of a migration decision made by the
Administrative Appeals Tribunal in the exercise of its powers
under Part 5—the day the decision is taken to have been
made under subsection 362C(3), 368(2) or 368D(1); or
(c) in the case of a migration decision made by the
Administrative Appeals Tribunal in the exercise of its powers
under Part 7—the day the decision is taken to have been
made under subsection 426B(3), 430(2) or 430D(1); or

Section 477A
(ca) in the case of a migration decision made by the Immigration

Assessment Authority—the date of the written statement
under subsection 473EA(1); or
(d) in any other case—the date of the written notice of the
decision or, if no such notice exists, the date that the Court
considers appropriate.
(4) For the purposes of subsection (1), the 35 day period begins to run
despite a failure to comply with the requirements of any of the
provisions mentioned in the definition of date of the migration
decision in subsection (3).
(5) To avoid doubt, for the purposes of subsection (1), the 35 day
period begins to run irrespective of the validity of the migration
decision.
477A Time limits on applications to the Federal Court

(1) An application to the Federal Court for a remedy to be granted in
exercise of the court’s original jurisdiction under
paragraph 476A(1)(b) or (c) in relation to a migration decision
must be made to the court within 35 days of the date of the
migration decision.
(2) The Federal Court may, by order, extend that 35 day period as the
Federal Court considers appropriate if:
Federal Court specifying why the applicant considers that it
is necessary in the interests of the administration of justice to
make the order; and
(b) the Federal Court is satisfied that it is necessary in the
interests of the administration of justice to make the order.
date of the migration decision has the meaning given by
subsection 477(3).

Section 478
decision in subsection 477(3).
decision.
478 Persons who may make application

An application referred to in section 477 or 477A may only be
made by the Minister, or where appropriate the Secretary or
Australian Border Force Commissioner, and:
(a) if the migration decision concerned is made on review under
Part 5 or 7 or section 500—the applicant in the review by the
relevant Tribunal; or
(aa) if the migration decision concerned is made on review under
Part 7AA—the referred applicant in the review by the
(b) in any other case—the person who is the subject of the
decision; or
(c) in any case—a person prescribed by the regulations.
479 Parties to review

The parties to a review of a migration decision resulting from an
application referred to in section 477 or 477A are the Minister, or
where appropriate the Secretary or Australian Border Force
Commissioner, and:
(a) if the migration decision concerned is made on review under
Part 5 or 7 or section 500—the applicant in the review by the
relevant Tribunal; or
(aa) if the migration decision concerned is made on review under
Part 7AA—the referred applicant in the review by the

Section 480
(b) in any other case—the person who is the subject of the

migration decision; or
(c) in any case—a person prescribed by the regulations.
480 Intervention by Attorney-General

(1) The Attorney-General may, on behalf of the Commonwealth,
intervene in a proceeding resulting from an application referred to
in section 477 or 477A.
(2) If the Attorney-General intervenes in such a proceeding, the
Federal Circuit and Family Court of Australia (Division 2) or
Federal Court (as the case requires) may make such orders as to
costs against the Commonwealth as the court thinks fit.
(3) If the Attorney-General intervenes in such a proceeding, he or she
is taken to be a party to the proceeding.
481 Operation etc. of decision

The making of an application referred to in section 477 or 477A
does not:
(a) affect the operation of the decision; or
(b) prevent the taking of action to implement the decision; or
(c) prevent the taking of action in reliance on the making of the
decision.
482 Changing person holding, or performing the duties of, an office

If:
(a) a person has, in the performance of the duties of an office,
made a migration decision; and
(b) the person no longer holds, or, for whatever reason, is not
performing the duties of, that office;
this Part has effect as if the decision had been made by:
(c) the person for the time being holding or performing the
duties of that office; or

Section 484
(d) if there is no person for the time being holding or performing

the duties of that office or that office no longer exists—such
person as the Minister specifies.
484 Exclusive jurisdiction of High Court, Federal Court and Federal

Circuit and Family Court of Australia (Division 2)
(1) Only the High Court, the Federal Court and the Federal Circuit and
Family Court of Australia (Division 2) have jurisdiction in relation
to migration decisions.
(2) To avoid doubt, subsection (1) is not intended to confer jurisdiction
on the High Court, the Federal Court or the Federal Circuit and
Family Court of Australia (Division 2), but to exclude other courts
from jurisdiction in relation to migration decisions.
(3) To avoid doubt, despite section 67C of the Judiciary Act 1903, the
Supreme Court of the Northern Territory does not have jurisdiction
in relation to migration decisions.
(4) To avoid doubt, jurisdiction in relation to migration decisions is
not conferred on any court under the Jurisdiction of Courts
(Cross-vesting) Act 1987.

Part 8A Restrictions on court proceedings
Section 486A
Part 8A—Restrictions on court proceedings
486A Time limit on applications to the High Court for judicial

review
(1) An application to the High Court for a remedy to be granted in
exercise of the court’s original jurisdiction in relation to a
migration decision must be made to the court within 35 days of the
date of the migration decision.
(2) The High Court may, by order, extend that 35 day period as the
High Court considers appropriate if:
High Court specifying why the applicant considers that it is
necessary in the interests of the administration of justice to
make the order; and
(b) the High Court is satisfied that it is necessary in the interests
of the administration of justice to make the order.
date of the migration decision has the meaning given by
subsection 477(3).
decision in subsection 477(3).
decision.

Restrictions on court proceedings Part 8A
Section 486AA
486AA Intervention by Attorney-General

(1) The Attorney-General may, on behalf of the Commonwealth,
intervene in a proceeding resulting from an application referred to
in subsection 486A(1).
(2) If the Attorney-General intervenes in such a proceeding, the High
Court may make such orders as to costs against the Commonwealth
as the court thinks fit.
(3) If the Attorney-General intervenes in such a proceeding, he or she
is taken to be a party to the proceeding.
486AB Operation etc. of decision

The making of an application referred to in section 486A does not:
(a) affect the operation of the decision; or
(b) prevent the taking of action to implement the decision; or
(c) prevent the taking of action in reliance on the making of the
decision.
486B Multiple parties in migration litigation
Application of section
(1) This section applies to all proceedings (migration proceedings) in
the High Court, the Federal Court or the Federal Circuit and
Family Court of Australia (Division 2) that raise an issue in
connection with visas (including if a visa is not granted or has been
cancelled), deportation, taking, or removal of unlawful
non-citizens.
Consolidation of proceedings
(2) Consolidation of any migration proceeding with any other
migration proceeding is not permitted unless the court is satisfied
that:
(a) the consolidation would otherwise be permitted under other
relevant laws (including Rules of Court); and

Section 486B
(b) the consolidation is desirable for the efficient conduct of the

proceedings.
(3) No appeal lies from a decision by the court not to consolidate
proceedings under subsection (2).
Other joint proceedings etc.

(4) The following are not permitted in or by a migration proceeding:
(a) representative or class actions;
(b) joinder of plaintiffs or applicants or addition of parties;
(c) a person in any other way (but not including as a result of
consolidation under subsection (2)) being a party to the
proceeding jointly with, on behalf of, for the benefit of, or
representing, one or more other persons, however this is
described.
Relationship with other laws

(5) This section has effect despite any other law, including in
particular:
(a) Part IVA of the Federal Court of Australia Act 1976; and
(b) any Rules of Court.
(6) However, this section does not apply to a provision of an Act if the
provision:
(a) commences after this section commences; and
(b) specifically states that this section does not apply.
Exceptions to general rules

(7) This section does not prevent the following persons from being
involved in a migration proceeding:
(a) the applicants in the proceeding and any persons they
represent, if:
(i) the regulations set out a definition of family for the
purposes of this paragraph; and

Section 486C
(ii) all of those applicants and other persons are members of

the same family as so defined;
(b) a person who becomes a party to the proceeding in
performing the person’s statutory functions;
(c) the Attorney-General of the Commonwealth or of a State or
Territory;
(d) any other person prescribed in the regulations.
486C Persons who may commence or continue proceedings in the

Federal Circuit and Family Court of Australia
(Division 2) or the Federal Court
(1) Only the persons mentioned in this section may commence or
continue a proceeding in the Federal Circuit and Family Court of
Australia (Division 2) or the Federal Court that raises an issue:
(a) in connection with visas (including if a visa is not granted or
has been cancelled), deportation, taking, or removal of
unlawful non-citizens; and
(b) that relates to the validity, interpretation or effect of a
provision of this Act or the regulations;
(whether or not the proceeding raises any other issue).
(2) Those persons are:
(a) a party to a review mentioned in section 479; or
(b) the Attorney-General of the Commonwealth or of a State or a
Territory; or
(c) a person who commences or continues the proceeding in
performing the person’s statutory functions; or
(d) any other person prescribed by the regulations.
(3) This section applies to proceedings within the jurisdiction of the
Federal Circuit and Family Court of Australia (Division 2) under
section 476 of this Act, section 44 of the Judiciary Act 1903,
section 32AB of the Federal Court of Australia Act 1976 or any
other law.
(3A) This section applies to:

Section 486D
(a) proceedings:
(i) that are transferred to the Federal Court under
section 153 of the Federal Circuit and Family Court of
Australia Act 2021; and
(ii) whose transfer are confirmed by the Federal Court
under section 32AD of the Federal Court of Australia
Act 1976; and
(b) proceedings in which the Federal Court has jurisdiction under
paragraph 476A(1)(b) or (c).
(3B) To avoid doubt, this section does not apply to proceedings that are
transferred to the Federal Court under section 32AC of the Federal
Court of Australia Act 1976.
(4) To avoid doubt, nothing in this section allows a person to
commence or continue a proceeding that the person could not
otherwise commence or continue.
Relationship with other laws

(5) This section has effect despite any other law.
(6) However, subsection (5) does not apply to a provision of an Act if
the provision:
(a) commences after this section commences; and
(b) specifically states that it applies despite this section.
486D Disclosing other judicial review proceedings

(1) A person must not commence a proceeding in the Federal Circuit
and Family Court of Australia (Division 2) in relation to a tribunal
decision unless the person, when commencing the proceeding,
discloses to the court any judicial review proceeding already
brought by the person in that or any other court in relation to that
decision.
(2) A person must not commence a proceeding in the Federal Court
seeking the exercise of the court’s original jurisdiction in relation
to a tribunal decision unless the person, when commencing the

Section 486D
proceeding, discloses to the court any judicial review proceeding

already brought by the person in that or any other court in relation
to that decision.
(3) A person must not commence a proceeding in the High Court
seeking the exercise of the court’s original jurisdiction in relation
to a tribunal decision unless the person, when commencing the
proceeding, discloses to the court any judicial review proceeding
already brought by the person in that or any other court in relation
to that decision.
(4) Proceedings required to be disclosed under subsection (1), (2) or
(3) include proceedings brought before the commencement of this
section.
judicial review proceeding, in relation to a tribunal decision,
means:
(a) a proceeding in the Federal Circuit and Family Court of
Australia (Division 2) in relation to the tribunal decision; or
(b) a proceeding in the Federal Court seeking the exercise of the
court’s original jurisdiction in relation to the tribunal
decision; or
(c) a proceeding in the High Court seeking the exercise of the
court’s original jurisdiction in relation to the tribunal
decision.
tribunal decision means a privative clause decision, or purported
privative clause decision, made on review:
(a) by the Tribunal under Part 5 or 7 or section 500; or
(b) by the Immigration Assessment Authority under Part 7AA.

Part 8B Costs orders where proceedings have no reasonable prospect of success
Section 486E
Part 8B—Costs orders where proceedings have no

reasonable prospect of success
486E Obligation where there is no reasonable prospect of success

(1) A person must not encourage another person (the litigant) to
commence or continue migration litigation in a court if:
(a) the migration litigation has no reasonable prospect of
success; and
(b) either:
(i) the person does not give proper consideration to the
prospects of success of the migration litigation; or
(ii) a purpose in commencing or continuing the migration
litigation is unrelated to the objectives which the court
process is designed to achieve.
(2) For the purposes of this section, migration litigation need not be:
(a) hopeless; or
(b) bound to fail;
for it to have no reasonable prospect of success.
(3) This section applies despite any obligation that the person may
have to act in accordance with the instructions or wishes of the
litigant.
486F Cost orders

(1) If a person acts in contravention of section 486E, the court in
which the migration litigation is commenced or continued may
make one or more of the following orders:
(a) an order that the person pay a party to the migration litigation
(other than the litigant), the costs incurred by that party
because of the commencement or continuation of the
migration litigation;

Costs orders where proceedings have no reasonable prospect of success Part 8B
Section 486G
(b) an order that the person repay to the litigant any costs already
paid by the litigant to another party to the migration
litigation, because of the commencement or continuation of
the migration litigation;
(c) where the person is a lawyer who has acted for the litigant in
the migration litigation:
(i) an order that costs incurred by the litigant in the
commencement or continuation of the migration
litigation, are not payable to the lawyer;
(ii) an order that the lawyer repay the litigant costs already
paid by the litigant to the lawyer in relation to the
commencement or continuation of the migration
litigation.
(2) If the court, at the time of giving judgment on the substantive
issues in the migration litigation, finds that the migration litigation
had no reasonable prospect of success, the court must consider
whether an order under this section should be made.
(3) An order under this section may be made:
(a) on the motion of the court; or
(b) on the application of a party to the migration litigation.
(4) The motion or application must be considered at the time the
question of costs in the migration litigation is decided.
(5) A person is not entitled to demand or recover from the litigant any
part of an amount which the person is directed to pay under an
order made under this section.
486G Person must be given reasonable opportunity to argue against

costs order
The court must not make an order under section 486F unless the
person has been given a reasonable opportunity to argue why the
order should not be made.

Part 8B Costs orders where proceedings have no reasonable prospect of success
Section 486H
486H Limited waiver of legal professional privilege

(1) If, in proceedings to determine whether an order under
section 486F should be made:
(a) a person wishes to produce a document, record or
information for the purpose of arguing why an order under
section 486F should not be made; and
(b) to do so would, but for this section, deny legal professional
privilege to any person entitled to claim it;
the person may produce the document, record or information for
that purpose.
(2) However:
(a) the document, record or information does not cease to be
subject to legal professional privilege for any other purpose,
or in any other circumstances; and
(b) the court must make any orders necessary to ensure that legal
professional privilege is protected for other purposes and in
other circumstances.
(3) Nothing in this section prevents a person who is entitled to claim
legal professional privilege in relation to the document, record or
information, from waiving that privilege.
legal professional privilege includes privilege (however described)
under any provision of Division 1 of Part 3.10 of the Evidence Act
1995.
486I Lawyer’s certification

(1) A lawyer must not file a document commencing migration
litigation, unless the lawyer certifies in writing that there are
reasonable grounds for believing that the migration litigation has a
reasonable prospect of success.

Costs orders where proceedings have no reasonable prospect of success Part 8B
Section 486J
(2) A court must refuse to accept a document commencing migration

litigation if it is a document that, under subsection (1), must be
certified and it has not been.
486J Part does not limit other powers to order costs against third
parties
This Part does not limit any power a court may otherwise have to
make costs orders against a person who is not a party to
proceedings.
486K Definitions
In this Part:
migration litigation means a court proceeding in relation to a
migration decision.

Part 8C Reports on persons in detention for more than 2 years
Section 486L
Part 8C—Reports on persons in detention for more

than 2 years
486L What is the detention reporting start time for a person?

For the purposes of this Part, the detention reporting start time for
a person is whichever of the following times (if any) applies to the
person:
(a) if the person is in immigration detention on the
commencement of this Part and has been in immigration
detention before then for a period of at least 2 years, or for
periods that total at least 2 years—the time when this
Part commences; or
(b) otherwise—the time after the commencement of this Part
when the person has been in immigration detention for a
period of 2 years, or for periods that total at least 2 years
(some of which detention may have occurred before the
commencement of this Part).
486M What is a detention reporting time for a person?

For the purposes of this Part, a detention reporting time for a
person is:
(a) the detention reporting start time for the person; or
(b) the end of each successive period of 6 months after that time
at the end of which the person is in immigration detention.
486N Secretary’s obligation to report to Commonwealth

Ombudsman
(1) The Secretary must give the Commonwealth Ombudsman a report
relating to the circumstances of the person’s detention. The report
must be given:

Reports on persons in detention for more than 2 years Part 8C
Section 486O
(a) if the detention reporting time is the time when this

Part commences—as soon as practicable, and in any event
within 6 months, after that commencement; or
(b) otherwise—within 21 days after the detention reporting time.
(2) Without limiting subsection (1), the report must include any
matters specified in regulations made for the purposes of this
subsection.
(3) The Secretary must give the report to the Commonwealth
Ombudsman even if the person has, since the detention reporting
time, ceased to be in immigration detention.
486O Commonwealth Ombudsman to give Minister assessment of

detention arrangements
Commonwealth Ombudsman to give Minister assessment of

appropriateness of detention arrangements
(1) As soon as practicable after the Commonwealth Ombudsman
receives a report under section 486N, he or she is to give the
Minister an assessment of the appropriateness of the arrangements
for the person’s detention.
Assessment may include recommendations

(2) The assessment may include any recommendations the
Commonwealth Ombudsman considers appropriate.
(3) Without limiting subsection (2), the kinds of recommendations the
Ombudsman may make include the following:
(a) a recommendation for the continued detention of a person;
(b) a recommendation that another form of detention would be
more appropriate for a person (for example, residing at a
place in accordance with a residence determination);
(c) a recommendation that a person be released into the
community on a visa;

Part 8C Reports on persons in detention for more than 2 years
Section 486P
(d) general recommendations relating to the Department’s

handling of its detainee caseload.
(4) The Minister is not bound by any recommendations the
Commonwealth Ombudsman makes.
Assessment to include statement for tabling in Parliament

(5) The assessment must also include a statement, for the purpose of
tabling in Parliament, that sets out or paraphrases so much of the
content of the assessment as the Commonwealth Ombudsman
considers can be tabled without adversely affecting the privacy of
any person.
Assessment to be given even if person no longer in detention

(6) The Commonwealth Ombudsman must give the assessment to the
Minister even if the person has, since the detention reporting time,
ceased to be in immigration detention.
486P Minister to table statement from Commonwealth Ombudsman

The Minister must cause the statement included in an assessment
as mentioned in subsection 486O(5) to be laid before each House
of the Parliament within 15 sitting days of that House after the
Minister receives the assessment.
486Q Application of Ombudsman Act 1976

(1) Subject to this Part, the Ombudsman Act 1976 applies in relation to
the Commonwealth Ombudsman’s preparation of an assessment
under section 486O (including his or her consideration of the report
under section 486N to which the assessment relates), as if the
preparation of the assessment were an investigation under that Act.
(2) The Commonwealth Ombudsman’s functions include the functions
conferred on the Commonwealth Ombudsman by this Part.

Civil penalties Part 8D
Obtaining a civil penalty order Division 1
Section 486R
Part 8D—Civil penalties

Division 1—Obtaining a civil penalty order
486R Civil penalty orders
Application for order

(1) The Minister may apply to an eligible court for an order that a
person, who is alleged to have contravened a civil penalty
provision, pay the Commonwealth a pecuniary penalty.
(2) The Minister must make the application within 6 years of the
alleged contravention.
Eligible court may order person to pay pecuniary penalty

(3) If the eligible court is satisfied that the person has contravened a
civil penalty provision, the court may order the person to pay to the
Commonwealth such pecuniary penalty for the contravention as the
court determines to be appropriate.
Note: Subsection (5) sets out the maximum penalty that the eligible court
may order the person to pay.
(4) An order under subsection (3) is a civil penalty order.
Determining pecuniary penalty

(5) The pecuniary penalty must not be more than:
(a) if the person is a body corporate—5 times the amount of the
pecuniary penalty specified for the civil penalty provision;
and
(b) otherwise—the amount of the pecuniary penalty specified for
the civil penalty provision.
(6) In determining the pecuniary penalty, the eligible court must take
into account all relevant matters, including:

Part 8D Civil penalties
Division 1 Obtaining a civil penalty order
Section 486S
(a) the nature and extent of the contravention; and

(b) the nature and extent of any loss or damage suffered because
of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the Department has taken any administrative action
against the person in relation to the conduct constituting the
contravention or any similar conduct; and
(e) whether the person has been issued with an infringement
notice under regulations made for the purposes of
section 506A in relation to the conduct constituting the
contravention or any similar conduct; and
(f) whether the person has previously been found by a court in
proceedings under this Act to have engaged in any similar
conduct.
486S Additional rules relating to the sponsorship civil penalty

provisions
(1) This section applies if an application for a civil penalty order
against a person is made to an eligible court in relation to an
alleged contravention of a civil penalty provision in Division 3A of
Part 2.
Engaging in similar conduct

(2) For the purposes of subsection 486R(6), the person is taken to have
engaged in similar conduct if the person has failed to satisfy a
sponsorship obligation that is different from the sponsorship
obligation to which the application relates.
(3) Subsection (2) does not limit the circumstances in which a person
may be found to have engaged in similar conduct.
Order to pay a required amount

(4) If, when determining the application, it appears to the eligible court
that:

Section 486T
(a) an amount of a kind prescribed in the regulations made for

purposes of subsection 140S(1) is required to be paid by the
person to the Commonwealth, a State or Territory or another
person; and
(b) the amount remains unpaid after the time for payment; and
(c) proceedings to recover the amount have not been brought
under section 140S;
the court may order that the amount be paid to the Commonwealth,
State, Territory or other person (as the case may be).
Note: Section 140S allows a person to bring proceedings to recover an
amount owed if the eligible court does not make an order under this
subsection.
(5) If the eligible court makes an order under subsection (4):

(a) an application may be made under subsection 140SA(1), and
an order made under subsection 140SA(2), as if proceedings
for a civil penalty order were proceedings under
section 140S; and
(b) section 140SB applies as if the amount ordered to be paid
under subsection (4) of this section were a judgement debt
under a judgement of an eligible court under section 140S.
486T Civil enforcement of penalty

(1) A pecuniary penalty is a debt payable to the Commonwealth.
(2) The Commonwealth may enforce a civil penalty order as if it were
an order made in civil proceedings against the person to recover a
debt due by the person. The debt arising from the order is taken to
be a judgement debt.
486U Conduct contravening more than one civil penalty provision

(1) If conduct constitutes a contravention of 2 or more civil penalty
provisions, proceedings may be instituted under this Part against a
person in relation to the contravention of any one or more of those
provisions.

Division 1 Obtaining a civil penalty order
Section 486V
(2) However, the person is not liable to more than one pecuniary
penalty under this Part in relation to the same conduct.
486V Multiple contraventions

(1) An eligible court may make a single civil penalty order against a
person for multiple contraventions of a civil penalty provision if
proceedings for the contraventions are founded on the same facts,
or if the contraventions form, or are part of, a series of
contraventions of the same or a similar character.
(2) However, the penalty must not exceed the sum of the maximum
penalties that could be ordered if a separate penalty were ordered
for each of the contraventions.
486W Proceedings may be heard together

An eligible court may direct that 2 or more proceedings for civil
penalty orders are to be heard together.
486X Civil evidence and procedure rules for civil penalty orders
An eligible court must apply the rules of evidence and procedure
for civil matters when hearing proceedings for a civil penalty
order.
486Y Requirement for persons to assist in applications for civil

penalty orders
(a) the Secretary requests, in writing, the person to give all
reasonable assistance in connection with an application for a
civil penalty order; and
(b) the person fails to comply with the request.
(2) A request under subsection (1) is not a legislative instrument.

Section 486Y
(3) The Secretary can request a person to assist under subsection (1)
only if:
(a) it appears to the Secretary that the person is unlikely to have:
(i) contravened the civil penalty provision to which the
application relates; or
(ii) committed an offence constituted by the same, or
substantially the same, conduct as the conduct to which
the application relates; and
(b) the Secretary suspects or believes that the person can give
information relevant to the application.
(4) The Secretary cannot request a person to assist under
subsection (1) if the person is or has been a lawyer for the person
suspected of contravening the civil penalty provision to which the
application relates.
(5) An eligible court may order a person to comply with a request
under subsection (1) in a specified way. Only the Secretary may
apply to the eligible court for an order under this subsection.
(6) For the purposes of this section, it does not matter whether the
application for the civil penalty order has actually been made.

Division 2 Civil proceedings and criminal proceedings
Section 486Z
Division 2—Civil proceedings and criminal proceedings
486Z Civil proceedings after criminal proceedings

An eligible court may not make a civil penalty order against a
person for a contravention of a civil penalty provision if the person
has been convicted of an offence constituted by conduct that is the
same, or substantially the same, as the conduct constituting the
contravention.
486ZA Criminal proceedings during civil proceedings

(1) Proceedings for a civil penalty order against a person for a
contravention of a civil penalty provision are stayed if:
(a) criminal proceedings are commenced or have already been
commenced against the person for an offence; and
(b) the offence is constituted by conduct that is the same, or
substantially the same, as the conduct alleged to constitute
the contravention.
(2) The proceedings for the civil penalty order may be resumed if the
person is not convicted of the offence. Otherwise, the proceedings
are dismissed.
486ZB Criminal proceedings after civil proceedings

Criminal proceedings may be commenced against a person for
conduct that is the same, or substantially the same, as conduct that
would constitute a contravention of a civil penalty provision
regardless of whether a civil penalty order has been made against
the person in relation to the contravention.

Civil proceedings and criminal proceedings Division 2
Section 486ZC
486ZC Evidence given in civil proceedings not admissible in

criminal proceedings
(1) Evidence of information given, or evidence of production of
documents, by an individual is not admissible in criminal
proceedings against the individual if:
(a) the individual previously gave the evidence or produced the
documents in proceedings for a civil penalty order against the
individual for an alleged contravention of a civil penalty
provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is the same, or
substantially the same, as the conduct alleged to constitute
the contravention.
(2) However, subsection (1) does not apply to criminal proceedings in
relation to the falsity of the evidence given by the individual in the
proceedings for the civil penalty order.

Division 3 Miscellaneous
Section 486ZD
Division 3—Miscellaneous
486ZD Ancillary contravention of civil penalty provisions

(1) A person must not:
(a) attempt to contravene a civil penalty provision; or
(b) aid, abet, counsel or procure a contravention of a civil
penalty provision; or
(c) induce (by threats, promises or otherwise) a contravention of
a civil penalty provision; or
(d) be in any way, directly or indirectly, knowingly concerned in,
or party to, a contravention of a civil penalty provision; or
(e) conspire with others to effect a contravention of a civil
penalty provision.
Note: Section 486ZF (which provides that a person’s state of mind does not
need to be proven in proceedings for a civil penalty order) does not
apply in relation to this section.
Civil penalty
(2) A person who contravenes subsection (1) in relation to a civil
penalty provision is taken to have contravened the provision.
486ZE Mistake of fact

(1) A person is not liable to have a civil penalty order made against the
person for a contravention of a civil penalty provision if:
(a) at or before the time of the conduct constituting the
contravention, the person:
(i) considered whether or not facts existed; and
(ii) was under a mistaken but reasonable belief about those
facts; and
(b) had those facts existed, the conduct would not have
constituted a contravention of the civil penalty provision.

Miscellaneous Division 3
Section 486ZF
(2) For the purposes of subsection (1), a person may be regarded as

having considered whether or not facts existed if:
(a) the person had considered, on a previous occasion, whether
those facts existed in the circumstances surrounding that
occasion; and
(b) the person honestly and reasonably believed that the
circumstances surrounding the present occasion were the
same, or substantially the same, as those surrounding the
previous occasion.
(3) A person who wishes to rely on subsection (1) or (2) in
proceedings for a civil penalty order bears an evidential burden in
relation to that matter.
486ZF State of mind

(1) In proceedings for a civil penalty order against a person for a
contravention of a civil penalty provision (other than
subsection 245AK(2) or 245AU(2)), it is not necessary to prove:
(a) the person’s intention; or
(b) the person’s knowledge; or
(c) the person’s recklessness; or
(d) the person’s negligence; or
(e) any other state of mind of the person.
(2) Subsection (1) does not apply to the extent that the proceedings
relate to a contravention of subsection 486ZD(1) (which is about
ancillary contraventions of civil penalty provisions).
(3) Subsection (1) of this section does not affect the operation of
section 486ZE (which is about mistake of fact).
486ZG Civil double jeopardy

If a person is ordered to pay a pecuniary penalty for contravening a
civil penalty provision in respect of particular conduct, the person
is not liable to a pecuniary penalty under some other provision of a
law of the Commonwealth in respect of that conduct.

Part 8E Investigation powers relating to certain offences and provisions
Section 487A
Part 8E—Investigation powers relating to certain

offences and provisions
487A Definitions
In this Part:
evidential material means:
(a) in relation to a sponsorship-related offence or a work-related
offence:
(i) a thing with respect to which the offence has been
committed or is reasonably suspected of having been
committed; or
(ii) a thing that it is reasonably suspected will afford
evidence as to the commission of the offence; or
(iii) a thing that is reasonably suspected of being intended to
be used for the purpose of committing the offence; or
(b) in relation to a contravention of a sponsorship-related
provision or a work-related provision:
(i) a thing with respect to which the provision has been
contravened or is reasonably suspected of having been
contravened; or
(ii) a thing that it is reasonably suspected will afford
evidence as to the contravention of the provision; or
(iii) a thing that is reasonably suspected of being intended to
be used for the purpose of contravening the provision.
issuing officer means:
(a) a magistrate; or
(b) a Judge of the Federal Circuit and Family Court of Australia
(Division 2); or
(c) a Judge of the Federal Court.
Note: For conferral of powers on an issuing officer, see section 487ZH.

Investigation powers relating to certain offences and provisions Part 8E
Section 487A
occupier, in relation to premises comprising a vehicle or vessel,

means the person apparently in charge of the vehicle or vessel.
person assisting has the meaning given by section 487H.
premises includes the following:
(a) a structure, building, vehicle or vessel;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
related provision means:
(a) a sponsorship-related offence; or
(b) a sponsorship-related provision; or
(c) a work-related offence; or
(d) a work-related provision.
search powers has the meaning given by sections 487E, 487F and
487G.
search warrant means:
(a) a warrant issued by an issuing officer under section 487ZC;
or
(b) a warrant signed by an issuing officer under section 487ZD.
sponsorship-related offence means:
(a) an offence against Subdivision D of Division 12 of Part 2; or
(b) an offence against section 6 of the Crimes Act 1914 that
relates to an offence against that Subdivision; or
(c) an ancillary offence (within the meaning of the Criminal
Code) that is, or relates to, an offence against that
Subdivision.
sponsorship-related provision means a civil penalty provision in
Subdivision D of Division 12 of Part 2.
work-related offence means:
(a) an offence against Subdivision C of Division 12 of Part 2; or

Section 487A
(b) an offence against section 6 of the Crimes Act 1914 that

relates to an offence against that Subdivision; or
(c) an ancillary offence (within the meaning of the Criminal
Code) that is, or relates to, an offence against that
Subdivision.
work-related provision means a civil penalty provision in
Subdivision C of Division 12 of Part 2.

Requiring persons to give information or produce documents Division 2
Section 487B
Division 2—Requiring persons to give information or

produce documents
487B Secretary or Australian Border Force Commissioner may

require a person to give information or produce a
document
(1) If the Secretary or Australian Border Force Commissioner has
reason to believe that a person has information or a document that
is relevant to:
(a) a possible sponsorship-related offence; or
(b) a possible contravention of a sponsorship-related provision;
or
(c) a possible work-related offence; or
(d) a possible contravention of a work-related provision;
the Secretary or Australian Border Force Commissioner may, by
written notice given to the person, require the person to give the
information, or to produce the document, to an authorised officer.
Content of notice
(2) The notice must:
(a) specify the period (which must be at least 14 days after the
notice is given to the person) within which the person is
required to comply with the notice; and
(b) specify how the information or document must be given; and
(c) set out the effect of subsection (3) and sections 137.1 and
137.2 of the Criminal Code.
Offence
(a) the person is given a notice under subsection (1); and
(b) the person fails to comply with the notice.

Division 2 Requiring persons to give information or produce documents
Section 487C

(5) Subsection (3) does not apply to the extent that the person is not
capable of complying with the notice.
487C Self-incrimination
(1) A person is not excused from giving information or producing a
document under section 487B on the ground that the information or
the production of the document might tend to incriminate the
person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or document produced; and
(b) giving the information or producing the document; and
(c) any information, document or thing obtained as a direct or
indirect consequence of giving the information or producing
the document;
are not admissible in evidence against the individual:
(d) in criminal proceedings (other than proceedings for an
offence against section 137.1 or 137.2 of the Criminal Code
that relates to Subdivision C or D of Division 12 of Part 2 of
this Act); or
(e) in civil proceedings (other than proceedings for a civil
penalty order for an alleged contravention of a
sponsorship-related provision or a work-related provision).

Search warrants Division 3
Section 487D
Division 3—Search warrants

Subdivision A—Search powers
487D Authorised officer may enter premises by consent or under a

search warrant
(1) If an authorised officer reasonably suspects that there may be
evidential material on any premises, the authorised officer may:
(a) enter the premises; and
(b) exercise the search powers.
(2) However, an authorised officer is not authorised to enter the
premises unless:
(a) the occupier of the premises has consented to the entry and
the authorised officer has shown his or her identity card if
required by the occupier; or
(b) the entry is made under a search warrant.
Note: If entry to the premises is with the occupier’s consent, the authorised
officer must leave the premises if the consent ceases to have effect
(see section 487L).
487E Search powers of authorised officers

The following are the search powers that an authorised officer may
exercise in relation to premises under section 487D:
(a) if entry to the premises is with the occupier’s consent—the
power to search the premises and any thing on the premises
for the evidential material the authorised officer reasonably
suspects may be on the premises;
(b) if entry to the premises is under a search warrant:
(i) the power to search the premises, and any thing on the
premises, for the kind of evidential material specified in
the warrant; and
(ii) the power to seize evidential material of that kind if the
authorised officer finds it on the premises;

Division 3 Search warrants
Section 487F
(c) the power to inspect, examine, take measurements of,

conduct tests on or take samples of evidential material
referred to in paragraph (a) or (b);
(d) the power to make any still or moving image or any
recording of the premises or evidential material referred to in
paragraph (a) or (b);
(e) the power to take onto the premises such equipment and
materials as the authorised officer requires for the purpose of
exercising powers in relation to the premises;
(f) the powers set out in subsections 487F(1) and (2) and
section 487G.
487F Powers relating to electronic equipment

(1) The search powers include the power to operate electronic
equipment on the premises if the authorised officer reasonably
suspects that:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is on the premises; and
(ii) can be used with the equipment or is associated with it;
contains evidential material referred to in paragraph 487E(a) or (b).
(2) The search powers include the following powers in relation to
evidential material described in subsection (1) found in the
exercise of the power under that subsection:
(a) if entry to the premises is under a search warrant—the power
to seize the equipment and the disk, tape or other storage
device referred to in that subsection;
(b) the power to operate electronic equipment on the premises to
put the evidential material in documentary form and remove
the documents so produced from the premises;
(c) the power to operate electronic equipment on the premises to
transfer the evidential material to a disk, tape or other storage
device that:
(i) is brought to the premises for the exercise of the power;
or

Section 487G
(ii) is on the premises and the use of which for that purpose
has been agreed to in writing by the occupier of the
premises;
and remove the disk, tape or other storage device from the
premises.
(3) An authorised officer may operate electronic equipment as
mentioned in subsection (1) or (2) only if the authorised officer
reasonably believes that the operation of the equipment can be
carried out without damage to the equipment.
Note: For compensation for damage to electronic equipment, see
section 487T.
(4) An authorised officer may seize equipment or a disk, tape or other

storage device as mentioned in paragraph (2)(a) only if:
(a) it is not practicable to put the evidential material in
documentary form as mentioned in paragraph (2)(b) or to
transfer the evidential material as mentioned in
paragraph (2)(c); or
(b) possession of the equipment or the disk, tape or other storage
device by the occupier could constitute an offence against a
law of the Commonwealth.
487G Seizing evidence of the contravention of related provisions etc.

(1) This section applies if an authorised officer enters premises under a
search warrant to search for evidential material.
(2) The search powers include seizing a thing that is not evidential
material of the kind specified in the warrant if:
(a) in the course of searching for the kind of evidential material
specified in the warrant, the authorised officer finds the
thing; and
(b) the authorised officer reasonably believes that:
(i) a related provision has been contravened with respect to
the thing; or
(ii) the thing is evidence of the contravention of a related
provision; or

Section 487H
(iii) the thing is intended to be used for the purpose of

contravening a related provision; and
(c) the authorised officer reasonably believes that it is necessary
to seize the thing in order to prevent its concealment, loss or
destruction.
487H Persons assisting authorised officers
Authorised officers may be assisted by other persons

(1) An authorised officer may be assisted by other persons in
exercising powers or performing functions or duties under this
Division, if that assistance is necessary and reasonable. A person
giving such assistance is a person assisting the authorised officer.
Powers of a person assisting the authorised officer

(2) A person assisting the authorised officer:
(a) may enter the premises; and
(b) may exercise powers and perform functions and duties under
this Division in relation to evidential material; and
(c) must do so in accordance with a direction given to the person
assisting by the authorised officer.
(3) A power exercised by a person assisting the authorised officer as
mentioned in subsection (2) is taken for all purposes to have been
exercised by the authorised officer.
(4) A function or duty performed by a person assisting the authorised
officer as mentioned in subsection (2) is taken for all purposes to
have been performed by the authorised officer.
(5) If a direction is given under paragraph (2)(c) in writing, the
direction is not a legislative instrument.

Section 487J
487J Use of force in executing a search warrant

In executing a search warrant, an authorised officer, or a person
assisting an authorised officer, may use such force against things as
is necessary and reasonable in the circumstances.
Subdivision B—Powers of authorised officers to ask questions

and seek production of documents
487K Authorised officer may ask questions and seek production of

documents
Entry with consent

(1) If an authorised officer is authorised to enter premises because the
occupier of the premises consented to the entry, the authorised
officer may ask the occupier to:
(a) answer any questions relating to the reasons for the
authorised officer entering the premises that are put by the
authorised officer; and
(b) produce any document relating to the reasons for the
authorised officer entering the premises that is requested by
the authorised officer.
Entry under a search warrant

(2) If an authorised officer is authorised to enter premises by a search
warrant, the authorised officer may require any person on the
premises to:
(a) answer any questions relating to the reasons for the
authorised officer entering the premises that are put by the
authorised officer; and
(b) produce any document relating to the reasons for the
authorised officer entering the premises that is requested by
the authorised officer.

Section 487L
Offence
(a) the person is subject to a requirement under subsection (2);
and
(b) the person fails to comply with the requirement.
Subdivision C—Obligations and incidental powers of

authorised officers
487L Consent
(1) Before obtaining the consent of an occupier of premises for the
purposes of paragraph 487D(2)(a), an authorised officer must
inform the occupier that the occupier may refuse consent.
(2) A consent has no effect unless the consent is voluntary.
(3) A consent may be expressed to be limited to entry during a
particular period. If so, the consent has effect for that period unless
the consent is withdrawn before the end of that period.
(4) A consent that is not limited as mentioned in subsection (3) has
effect until the consent is withdrawn.
(5) If an authorised officer has entered premises because of the consent
of the occupier of the premises, the authorised officer, and any
person assisting the authorised officer, must leave the premises if
the consent ceases to have effect.
487M Announcement before entry under search warrant

(1) Before entering premises under a search warrant, an authorised
officer must:
(a) announce that he or she is authorised to enter the premises;
and

Section 487N
(b) show his or her identity card to the occupier of the premises,
or to another person who apparently represents the occupier,
if the occupier or other person is present at the premises; and
(c) give any person at the premises an opportunity to allow entry
to the premises.
(2) However, an authorised officer is not required to comply with
subsection (1) if the authorised officer reasonably believes that
immediate entry to the premises is required:
(a) to ensure the safety of a person; or
(b) to ensure that the effective execution of the search warrant is
not frustrated.
(3) If:
(a) an authorised officer does not comply with subsection (1)
because of subsection (2); and
(b) the occupier of the premises, or another person who
apparently represents the occupier, is present at the premises;
the authorised officer must show his or her identity card to the
occupier or other person, as soon as practicable after entering the
premises.
487N Authorised officer to be in possession of search warrant

An authorised officer who is executing a search warrant must be in
possession of:
(a) the search warrant issued by the issuing officer under
section 487ZC, or a copy of the warrant as so issued; or
(b) the form of search warrant completed under
subsection 487ZD(6), or a copy of the form as so completed.
487P Details of search warrant etc. to be given to occupier

(1) An authorised officer must comply with subsection (2) if:
(a) a search warrant is being executed in relation to premises;
and

Section 487Q
(b) the occupier of the premises, or another person who

apparently represents the occupier, is present at the premises.
(2) The authorised officer must, as soon as practicable:
(a) do one of the following:
(i) if the search warrant was issued under section 487ZC—
make a copy of the warrant available to the occupier or
other person (which need not include the signature of
the issuing officer who issued it);
(ii) if the search warrant was signed under section 487ZD—
make a copy of the form of warrant completed under
subsection 487ZD(6) available to the occupier or other
person; and
(b) inform the occupier or other person of the rights and
responsibilities of the occupier or other person under
Subdivision D.
487Q Completing execution of search warrant after temporary

cessation
(1) This section applies if an authorised officer, and all persons
assisting, who are executing a search warrant in relation to
premises temporarily cease its execution and leave the premises.
(2) The authorised officer, and persons assisting, may complete the
execution of the search warrant if:
(a) the warrant is still in force; and
(b) the authorised officer and persons assisting are absent from
the premises:
(i) for not more than 1 hour; or
(ii) if there is an emergency situation, for not more than 12
hours or such longer period as allowed by an issuing
officer under subsection (5); or
(iii) for a longer period if the occupier of the premises
consents in writing.

Section 487R
Application for extension in emergency situation

(3) An authorised officer, or person assisting, may apply to an issuing
officer for an extension of the 12-hour period mentioned in
subparagraph (2)(b)(ii) if:
(a) there is an emergency situation; and
(b) the authorised officer or person assisting reasonably believes
that the authorised officer and the persons assisting will not
be able to return to the premises within that period.
(4) If it is practicable to do so, before making the application, the
authorised officer or person assisting must give notice to the
occupier of the premises of his or her intention to apply for an
extension.
Extension in emergency situation

(5) An issuing officer may extend the period during which the
authorised officer and persons assisting may be away from the
premises if:
(a) an application is made under subsection (3); and
(b) the issuing officer is satisfied, by information on oath or
affirmation, that there are exceptional circumstances that
justify the extension; and
(c) the extension would not result in the period ending after the
search warrant ceases to be in force.
487R Completing execution of search warrant stopped by court

order
An authorised officer, and any persons assisting, may complete the
execution of a search warrant that has been stopped by an order of
a court if:
(a) the order is later revoked or reversed on appeal; and
(b) the warrant is still in force when the order is revoked or
reversed.

Section 487S
487S Expert assistance to operate electronic equipment

(1) This section applies if an authorised officer enters premises under a
search warrant.
Securing equipment
(2) The authorised officer may do whatever is necessary to secure any
electronic equipment that is on premises if the authorised officer
reasonably believes that:
(a) there is on the premises evidential material of the kind
specified in the search warrant; and
(b) that evidential material may be accessible by operating the
equipment; and
(c) expert assistance is required to operate the equipment; and
(d) the evidential material may be destroyed, altered or otherwise
interfered with, if the authorised officer does not take action
under this subsection.
The equipment may be secured by locking it up, placing a guard or
any other means.
(3) The authorised officer must give notice to the occupier of the
premises, or another person who apparently represents the
occupier, of:
(a) the authorised officer’s intention to secure the equipment;
and
(b) the fact that the equipment may be secured for up to 24
hours.
Period equipment may be secured

(4) The equipment may be secured until the earlier of the following
happens:
(a) the 24-hour period ends;
(b) the equipment has been operated by the expert.
Note: For compensation for damage to electronic equipment, see
section 487T.

Section 487T
Extensions
(5) The authorised officer may apply to an issuing officer for an
extension of the 24-hour period if the authorised officer reasonably
believes that the equipment needs to be secured for longer than that
period.
(6) Before making the application, the authorised officer must give
notice to the occupier of the premises, or another person who
apparently represents the occupier, of the authorised officer’s
intention to apply for an extension. The occupier or other person is
entitled to be heard in relation to that application.
(7) The provisions of this Division relating to the issue of search
warrants apply, with such modifications as are necessary, to the
issue of an extension.
(8) The 24-hour period may be extended more than once.
487T Compensation for damage to electronic equipment

(a) as a result of electronic equipment being operated as
mentioned in this Division:
(i) damage is caused to the equipment; or
(ii) the data recorded on the equipment is damaged; or
(iii) programs associated with the use of the equipment, or
with the use of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care was exercised by the person operating
the equipment.
(2) The Commonwealth must pay the owner of the equipment, or the
user of the data or programs, such reasonable compensation for the
damage or corruption as the Commonwealth and the owner or user
agree on.

Section 487U
(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in a court of
competent jurisdiction for such reasonable amount of
compensation as the court determines.
(4) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the premises, or the occupier’s
employees or agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the
equipment.
damage, in relation to data, includes damage by erasure of data or
addition of other data.
Subdivision D—Occupier’s rights and responsibilities
487U Occupier entitled to observe execution of search warrant

(1) The occupier, or another person who apparently represents the
occupier, is entitled to observe the execution of a search warrant if
the occupier or other person is present at the premises while the
warrant is being executed.
(2) The right to observe the execution of the search warrant ceases if
the occupier or other person impedes that execution.
(3) This section does not prevent the execution of the search warrant in
2 or more areas of the premises at the same time.
487V Occupier to provide authorised officer with facilities and

assistance
(1) The occupier of premises to which a search warrant relates, or
another person who apparently represents the occupier, must
provide:
(a) an authorised officer executing the warrant; and
(b) any person assisting the authorised officer;

Section 487W
with all reasonable facilities and assistance for the effective

exercise of their powers, and the effective performance of their
functions and duties.
Offence
(a) the person is subject to subsection (1); and
(b) the person fails to comply with that subsection.
Subdivision E—General provisions relating to seizure
487W Copies of seized things to be provided

(a) a search warrant is being executed in relation to premises;
and
(b) an authorised officer seizes one or more of the following
from the premises under this Division:
(i) a document, film, computer file or other thing that can
be readily copied;
(ii) a storage device, the information in which can be
readily copied.
(2) The occupier of the premises, or another person who apparently
represents the occupier and who is present when the search warrant
is executed, may request the authorised officer to give a copy of
the thing or the information to the occupier or other person.
(3) The authorised officer must comply with such a request as soon as
practicable after the seizure.
(4) However, the authorised officer is not required to comply with
such a request if possession of the document, film, computer file,
thing or information by the occupier or other person could
constitute an offence against a law of the Commonwealth.

Section 487X
487X Receipts for seized things

(1) An authorised officer must provide a receipt for a thing that is
seized under this Division.
(2) One receipt may cover 2 or more things that are seized.
487Y Return of seized things

(1) The Secretary or Australian Border Force Commissioner must take
reasonable steps to return a thing seized under this Division when
the earliest of the following happens:
(a) the reason for the thing’s seizure no longer exists;
(b) it is decided that the thing is not to be used in evidence;
(c) the period of 60 days after the thing’s seizure ends.
Note: See subsections (2) and (3) for exceptions to this rule.
Exceptions
(2) Subsection (1):
(a) is subject to any contrary order of a court; and
(b) does not apply if the thing:
(i) is forfeited or forfeitable to the Commonwealth; or
(ii) is the subject of a dispute as to ownership.
(3) The Secretary or Australian Border Force Commissioner is not
required to take reasonable steps to return a thing because of
paragraph (1)(c) if:
(a) proceedings in respect of which the thing may afford
evidence were instituted before the end of the 60 days and
have not been completed (including an appeal to a court in
relation to those proceedings); or
(b) the thing may continue to be retained because of an order
under section 487Z; or
(c) the Commonwealth, the Secretary, the Australian Border
Force Commissioner or an authorised officer is otherwise
authorised (by a law, or an order of a court, of the

Section 487Z
Commonwealth or of a State or Territory) to retain, destroy,

dispose of or otherwise deal with the thing.
Return of thing
(4) A thing that is required to be returned under this section must be
returned to the person from whom it was seized (or to the owner if
that person is not entitled to possess it).
487Z Issuing officer may permit a seized thing to be retained
Application to retain seized thing

(1) The Secretary or Australian Border Force Commissioner may
apply to an issuing officer for an order permitting the retention of a
thing seized under this Division for a further period if proceedings
in respect of which the thing may afford evidence have not
commenced before the end of:
(a) 60 days after the seizure; or
(b) a period previously specified in an order of an issuing officer
under this section.
(2) Before making the application, the Secretary or Australian Border
Force Commissioner must:
(a) take reasonable steps to discover who has an interest in the
retention of the thing; and
(b) if it is practicable to do so, notify each person whom the
Secretary or Australian Border Force Commissioner believes
to have such an interest of the proposed application.
Order to retain seized thing

(3) The issuing officer may order that the thing may continue to be
retained for a period specified in the order if the issuing officer is
satisfied that it is necessary for the thing to continue to be retained:
(a) for the purposes of investigating whether:
(i) a sponsorship-related offence has been committed; or

Section 487ZA
(ii) a sponsorship-related provision has been contravened;

or
(iii) a work-related offence has been committed; or
(iv) a work-related provision has been contravened; or
(b) to enable evidence of such an offence or contravention to be
secured for the purposes of a prosecution or action.
(4) The period specified must not exceed 3 years.
487ZA Disposal of seized things

dispose of a thing seized under this Division if:
(a) the Secretary or Australian Border Force Commissioner has
taken reasonable steps to return the thing to a person; and
(b) either:
(i) the Secretary or Australian Border Force Commissioner
has been unable to locate the person; or
(ii) the person has refused to take possession of the thing.
dispose of the thing in any manner that he or she thinks
appropriate.
487ZB Compensation for acquisition of property

(1) If the operation of section 487ZA would result in an acquisition of
property from a person otherwise than on just terms, the
Commonwealth is liable to pay a reasonable amount of
compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount
of the compensation, the person may institute proceedings in a
court of competent jurisdiction for the recovery from the
Commonwealth of such reasonable amount of compensation as the
court determines.

Section 487ZC
acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the
Constitution.
Subdivision F—Issue of search warrants
487ZC Issue of search warrants
Application for search warrant

(1) An authorised officer may apply to an issuing officer for a search
warrant under this section in relation to premises.
Issue of search warrant

(2) The issuing officer may issue the search warrant if the issuing
officer is satisfied, by information on oath or affirmation, that there
are reasonable grounds for suspecting that there is, or there may be
within the next 72 hours, evidential material on the premises.
(3) However, the issuing officer must not issue the search warrant
unless the authorised officer or some other person has given to the
issuing officer, either orally or by affidavit, such further
information (if any) as the issuing officer requires concerning the
grounds on which the issue of the warrant is being sought.
Content of search warrant

(4) The search warrant must:
(a) state:
(i) the sponsorship-related offence or offences; or
(ii) the sponsorship-related provision or provisions; or
(iii) the work-related offence or offences; or
(iv) the work-related provision or provisions;
to which the warrant relates; and
(b) describe the premises to which the warrant relates; and

Section 487ZD
(c) state that the warrant is issued under this Subdivision; and
(d) specify the kind of evidential material that is to be searched
for under the warrant; and
(e) state that the evidential material specified, and any other
evidential material found in the course of executing the
warrant, may be seized under the warrant; and
(f) name one or more authorised officers; and
(g) authorise the authorised officers named in the warrant:
(i) to enter the premises; and
(ii) to exercise the powers set out in this Division in relation
to the premises; and
(h) state whether entry is authorised to be made at any time of
the day or during specified hours of the day; and
(i) specify the day (not more than 1 week after the issue of the
warrant) on which the warrant ceases to be in force.
487ZD Search warrants by telephone, fax etc.
Application for search warrant

(1) An authorised officer may apply to an issuing officer by telephone,
fax or other electronic means for a search warrant under
section 487ZC in relation to premises:
(a) in an urgent case; or
(b) if the delay that would occur if an application were made in
person would frustrate the effective execution of the warrant.
(2) The issuing officer may require communication by voice to the
extent that it is practicable in the circumstances.
(3) Before applying for the search warrant, the authorised officer must
prepare an information of the kind mentioned in
subsection 487ZC(2) in relation to the premises that sets out the
grounds on which the warrant is sought. If it is necessary to do so,
the authorised officer may apply for the warrant before the
information is sworn or affirmed.

Section 487ZD
Issuing officer may complete and sign search warrant

(4) The issuing officer may complete and sign the same search warrant
that would have been issued under section 487ZC if the issuing
officer is satisfied that there are reasonable grounds for doing so:
(a) after considering the terms of the information; and
(b) after receiving such further information (if any) as the issuing
officer requires concerning the grounds on which the issue of
the warrant is being sought.
(5) After completing and signing the search warrant, the issuing officer
must inform the authorised officer, by telephone, fax or other
electronic means, of:
(a) the terms of the warrant; and
(b) the day on which, and the time at which, the warrant was
signed.
Obligations on authorised officer

(6) The authorised officer must then do the following:
(a) complete a form of search warrant in the same terms as the
warrant completed and signed by the issuing officer;
(b) state on the form the following:
(i) the name of the issuing officer;
(ii) the day on which, and the time at which, the search
warrant was signed;
(c) send the following to the issuing officer:
(i) the form of search warrant completed by the authorised
officer;
(ii) the information referred to in subsection (3), which
must have been duly sworn or affirmed.
(7) The authorised officer must comply with paragraph (6)(c) by the
end of the day after the earlier of the following:
(a) the day on which the search warrant ceases to be in force;
(b) the day on which the search warrant is executed.

Section 487ZE
Issuing officer to attach documents together

(8) The issuing officer must attach the documents provided under
paragraph (6)(c) to the search warrant signed by the issuing officer.
487ZE Authority of search warrant

(1) A form of search warrant duly completed under
subsection 487ZD(6) is authority for the same powers as are
authorised by the search warrant signed by the issuing officer
under subsection 487ZD(4).
(2) In any proceedings, a court is to assume (unless the contrary is
proved) that an exercise of power was not authorised by a search
warrant under section 487ZD if:
(a) it is material, in those proceedings, for the court to be
satisfied that the exercise of power was authorised by that
section; and
(b) the warrant signed by the issuing officer authorising the
exercise of the power is not produced in evidence.
487ZF Offence relating to search warrants by telephone, fax etc.

An authorised officer must not:
(a) state in a document that purports to be a form of search
warrant under section 487ZD the name of an issuing officer
unless that issuing officer signed the warrant; or
(b) state on a form of search warrant under that section a matter
that, to the authorised officer’s knowledge, departs in a
material particular from the terms of the warrant signed by
the issuing officer under that section; or
(c) purport to execute, or present to another person, a document
that purports to be a form of search warrant under that
section that the authorised officer knows departs in a material
particular from the terms of a warrant signed by an issuing
officer under that section; or

Section 487ZG
(d) give to an issuing officer a form of search warrant under that

section that is not the form of search warrant that the
authorised officer purported to execute.
Subdivision G—Identity cards
487ZG Identity cards

issue an identity card to an authorised officer for the purposes of
this Division.
Identity card must be carried by authorised officer

(2) An authorised officer must carry his or her identity card at all times
when exercising powers as an authorised officer under this
Division.
Form of identity card

(3) The identity card must:
(a) be in the form approved by the Secretary or Australian
Border Force Commissioner; and
(b) contain a recent photograph of the authorised officer.
Offence
(a) the person has been issued with an identity card under
subsection (1); and
(b) the person ceases to be an authorised officer; and
(c) the person does not, as soon as practicable after so ceasing,
return the identity card to the Secretary or Australian Border
Force Commissioner.
Penalty: 1 penalty unit.

Section 487ZH

(6) Subsection (4) does not apply if the identity card was lost or
destroyed.
subsection, see subsection 13.3(3) of the Criminal Code.
Subdivision H—Powers of issuing officers
487ZH Powers of issuing officers
Powers conferred personally

(1) A power conferred on an issuing officer by this Division is
conferred on the issuing officer:
(a) in a personal capacity; and
(b) not as a court or a member of a court.
Powers need not be accepted

(2) The issuing officer need not accept the power conferred.
Protection and immunity

(3) An issuing officer exercising a power conferred by this Division
has the same protection and immunity as if the issuing officer were
exercising the power:
(a) as the court of which the issuing officer is a member; or
(b) as a member of the court of which the issuing officer is a
member.

Miscellaneous Part 9
Bogus documents Division 1
Section 487ZI
Part 9—Miscellaneous
Division 1—Bogus documents
487ZI Prohibition on, and forfeiture of, bogus documents

(1) A person (whether a citizen or non-citizen) must not give, present,
produce or provide a bogus document to an officer, an authorised
system, the Minister, a tribunal or any other person or body
performing a function or purpose under, or in relation to, this Act
(the official), or cause such a document to be so given, presented,
produced or provided.
(2) A bogus document given, presented, produced or provided in
contravention of subsection (1) is forfeited to the Commonwealth.
487ZJ Seizure of bogus documents

(1) If an officer reasonably suspects that a document is forfeited under
subsection 487ZI(2), then the officer may seize the document.
(2) As soon as practicable after seizing the document, the officer must
give written notice of the seizure to the person who gave,
presented, produced or provided the document to the official under
subsection 487ZI(1).
(3) The notice must:
(a) identify the document; and
(b) state that the document has been seized; and
(c) specify the reason for the seizure; and
(d) state that the document will be condemned as forfeited unless
the person institutes proceedings against the Commonwealth
before the end of the period specified in the notice:
(i) to recover the document; or
(ii) for a declaration that the document is not forfeited.
(4) For the purposes of paragraph (3)(d), the period must:

Part 9 Miscellaneous
Division 1 Bogus documents
Section 487ZK
(a) start on the date of the notice; and

(b) end 90 days after that date.
487ZK Document condemned as forfeited

(1) If a document is seized under subsection 487ZJ(1), then:
(a) the person who gave, presented, produced or provided the
document to the official under subsection 487ZI(1); and
(b) if that person is not the owner of the document—the owner;
may, subject to paragraph (2)(b), institute proceedings in a court of
competent jurisdiction:
(c) to recover the document; or
(d) for a declaration that the document is not forfeited.
(2) The proceedings:
(a) may be instituted even if the seizure notice required to be
given under subsection 487ZJ(2) in relation to the document
has not yet been given; and
(b) may only be instituted before the end of the period specified
in the seizure notice.
(3) If, before the end of the period specified in the seizure notice, the
person or owner does not institute the proceedings, the document is
condemned as forfeited to the Commonwealth immediately after
the end of that period.
(4) If, before the end of the period specified in the seizure notice, the
person or owner does institute the proceedings, the document is
condemned as forfeited to the Commonwealth at the end of the
proceedings unless there is:
(a) an order for the person or owner to recover the document; or
(b) a declaration that the document is not forfeited.
(5) For the purposes of subsection (4), if the proceedings go to
judgment, they end:
(a) if no appeal against the judgment is lodged within the period
for lodging such an appeal—at the end of that period; or

Bogus documents Division 1
Section 487ZL
(b) if an appeal against the judgment is lodged within that

period—when the appeal lapses or is finally determined.
487ZL Dealing with a document after it is condemned as forfeited

(1) If, under section 487ZK, a document is condemned as forfeited to
the Commonwealth, it must be dealt with or disposed of (including
by being given to another person) in accordance with any direction
given by the Minister under section 499.
(2) If the Minister considers that the document may be relevant to
proceedings in a court or tribunal, then the Minister:
(a) must give a direction under section 499 for the safe keeping
of the document; and
(b) must authorise access to the document for the purposes of
those proceedings.

Division 2 Other
Section 487
Division 2—Other
487 Liability for identification tests

No civil or criminal liability is incurred, by a person who carries
out or helps to carry out an identification test under this Act, in
respect of a thing done by the person if:
(a) it was properly and necessarily done in good faith in carrying
out or helping to carry out the identification test; and
(b) the person believed on reasonable grounds that the
identification test was carried out in accordance with this
Act.
Note: This section does not provide any protection in respect of action taken
maliciously.
488 Tampering with movements records

(1) A person must not:
(a) read; or
(b) examine; or
(c) reproduce by any means; or
(d) use; or
(e) disclose by any means;
any part of the movement records, otherwise than in accordance
with an authority given under subsection (2).
(2) The Minister may:
(a) authorise an officer to perform for the purposes of one or
more of the following:
(i) this Act;
(ii) the Family Law Act 1975;
(iii) a law relating to customs or excise;

Other Division 2
Section 488
(iv) a law relating to biosecurity risks (within the meaning

of the Biosecurity Act 2015), quarantine or health;
(v) law enforcement;
(vi) the Education Services for Overseas Students Act 2000;
(vii) prescribed Commonwealth, State or Territory
legislation;
one or more of the actions prohibited by subsection (1); or
(aa) authorise an officer, for the purpose of making a movement
record available to, and for the use of:
(i) the person to whom the record relates; or
(ii) the duly appointed agent of that person;
to perform one or more of those actions; or
(b) authorise an officer of the Attorney-General’s Department to
perform for the purposes of the Family Law Act 1975 one or
more of those actions; or
(c) authorise an officer of Customs, within the meaning of the
Customs Act 1901, to perform for the purposes of a law
relating to customs or excise one or more of those actions; or
(d) authorise a biosecurity officer (within the meaning of the
Biosecurity Act 2015) to perform for the purposes of a law
relating to biosecurity risks (within the meaning of that Act),
or a law relating to quarantine or health, one or more of those
actions; or
(e) authorise a member of the Australian Federal Police to
perform for the purposes of law enforcement one or more of
those actions; or
(f) authorise an employee of the Department whose Minister
administers the Education Services for Overseas Students Act
2000 to perform for the purposes of that Act one or more of
those actions; or
(g) authorise a prescribed employee of a prescribed agency of the
Commonwealth, or of a State or Territory, to perform for
prescribed purposes one or more of those actions.
(3) Authority under subsection (2) to disclose any part of the
movement records may be limited to authority to so disclose to a

Division 2 Other
Section 488A
specified person, a person in a specified class, or a specified

organisation, only.
(4) A person (other than an authorised officer carrying out duties or
performing functions under or for the purposes of this Act) shall
not:
(a) delete, alter or add to any part of the movement records;
(b) alter any computer program connected with making,
transferring or keeping movement records; or
(c) in any other way tamper with a notified data base.
488A Giving information to other relevant agencies

(1) For the purposes of:
(a) assisting with the regulation of providers; or
(b) promoting compliance with the conditions of a particular
student visa or visas, or of student visas generally;
the Secretary may give information obtained or received for the
purposes of this Act to an agency of the Commonwealth, or of a
State or Territory, that is responsible for or otherwise concerned
with the regulation of providers.
(2) However, subsection (1) does not override section 488.
Note: Section 488 prohibits the disclosure etc. of movement records except
in limited circumstances.

provider has the same meaning as in the Education Services for
Overseas Students Act 2000.
488AA Things seized under Crimes Act search warrant and

information about such things
(1) This section applies to the following:

Other Division 2
Section 488B
(a) a thing seized (warrant material) under a search warrant

issued under Division 2 of Part 1AA of the Crimes Act 1914;
(b) information (warrant information) that is about, or obtained
from, warrant material.
(2) A constable or Commonwealth officer who, under
subsection 3ZQU(1) of the Crimes Act 1914, may use or make
available warrant material, is authorised to make available warrant
material or warrant information:
(a) to a person covered by subsection (4); and
(b) for a purpose mentioned in subsection (3).
(3) A person covered by subsection (4) is authorised to receive and use
warrant material and warrant information, or make it available to
another person covered by subsection (4), for the following
purposes:
(a) making a decision, or assisting in making a decision, to grant
or refuse to grant a visa;
(b) making a decision, or assisting in making a decision, to
cancel a visa;
(c) making a decision, or assisting in making a decision, to
revoke a cancellation of a visa;
(d) making a decision in relation to the detention, removal or
deportation of a non-citizen from Australia.
Note: Subsection 3ZQU(4) of the Crimes Act 1914 contemplates that
another law of the Commonwealth may require or authorise the use or
making available of a document or other thing to persons, or for
purposes, in addition to those listed in subsection 3ZQU(1) of that
Act.
(4) The following persons are covered by this subsection:

(a) the Minister;
(b) an officer, including the Secretary.
488B Authorisation to disclose information to an officer

(1) An airline operator, a shipping operator, a travel agent or a
prescribed organisation may, for any purpose that is likely to

Division 2 Other
Section 489
facilitate the administration or enforcement of this Act or the

regulations, disclose to an officer information about any matter
relating to travel:
(a) that has been, is being, or is proposed to be, undertaken by
any person on the way (directly or indirectly) to the
migration zone; or
(b) that has been, is being, or is proposed to be, undertaken and
that involves the departure from the migration zone of any
person;
even if the information is personal information.
(2) To avoid doubt, this section does not:
(a) require anyone to disclose information; or
(b) affect a requirement of, or under, a provision of this Act or
the regulations for a person to disclose information (whether
by answering a question, by providing a document or by
other means).
officer includes a person who is a clearance officer within the
meaning of section 165.
organisation has the same meaning as in the Privacy Act 1988.
travel agent includes an organisation that is involved in arranging
or facilitating travel.
489 Notified data bases

The Minister may, by notice in the Gazette, declare a data base
containing information kept for the purposes of this Act in relation
to the entry of persons into, and departure of persons from,
Australia to be a notified data base for the purposes of this section.

Other Division 2
Section 490
490 Identification card to be deemed to continue to be in a form

approved by the Minister
Where the Minister revokes the approval of a form of identification
card in relation to members of the crews of vessels, an
identification card in accordance with that form signed by the
master of a vessel not later than 3 months after the date of that
revocation shall, notwithstanding that revocation, be deemed, for
the purposes of this Act, to continue to be an identification card in
accordance with a form approved by the Minister.
492 Commencement of prosecutions

(1) Subject to this section, a prosecution for an offence against this Act
or the regulations may be instituted at any time within 5 years after
the commission of that offence.
(2) A prosecution of a person for an offence against section 234, 236
or 243 that is alleged to have been committed after the
commencement of this subsection may be instituted at any time.
(3) A prosecution for an offence:
(a) against section 232A, 233 or 233A of this Act as in force
before the commencement of this subsection; and
(b) alleged to have been committed after the commencement of
the Migration Legislation Amendment Act (No. 1) 1999;
may be instituted at any time.
(4) A prosecution for an offence against section 233A, 233B, 233C,
233D, 233E or 234A that is alleged to have been committed after
the commencement of this subsection may be instituted at any
time.
493 Conduct of directors, employees and agents

(1) Where, in proceedings for an offence against this Act or the
regulations or for a civil penalty order, it is necessary to establish
the state of mind of a body corporate in relation to particular
conduct, it is sufficient to show:

Division 2 Other
Section 493
(a) the conduct was engaged in by a director, employee or agent

of the body corporate within the scope of his or her actual or
apparent authority; and
(b) that the director, employee or agent had the state of mind.
(2) Any conduct engaged in on behalf of a body corporate by a
director, employee or agent of the body corporate within the scope
of his or her actual or apparent authority shall be taken, for the
purposes of a prosecution for an offence against this Act or the
regulations or of proceedings for a civil penalty order, to have been
engaged in also by the body corporate unless the body corporate
establishes that the body corporate took reasonable precautions and
exercised due diligence to avoid the conduct.
(3) Where, in proceedings for an offence against this Act or the
regulations or for a civil penalty order, it is necessary to establish
the state of mind of a person other than a body corporate in relation
to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by an employee or agent of
the person within the scope of his or her actual or apparent
authority; and
(b) that the employee or agent had the state of mind.
(4) Any conduct engaged in on behalf of a person other than a body
corporate by an employee or agent of the person within the scope
of his or her actual or apparent authority shall be taken, for the
purposes of a prosecution for an offence against this Act or the
regulations or of proceedings for a civil penalty order, to have been
engaged in also by the first-mentioned person unless the
first-mentioned person establishes that the first-mentioned person
took reasonable precautions and exercised due diligence to avoid
the conduct.
(5) Where:
(a) a person other than a body corporate is convicted of an
offence; and
(b) the person would not have been convicted of the offence if
subsections (3) and (4) had not been enacted;

Other Division 2
Section 494
the person is not liable to be punished by imprisonment for that

offence.
(6) A reference in subsection (1) or (3) to the state of mind of a person
includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the
person; and
(b) the person’s reasons for the intention, opinion, belief or
purpose.
(7) A reference in this section to a director of a body corporate
includes a reference to a constituent member of a body corporate
incorporated for a public purpose by a law of the Commonwealth,
of a State or of a Territory.
(8) A reference in this section to engaging in conduct includes a
reference to failing or refusing to engage in conduct.
494 Jurisdiction of courts

(1) A provision of the Judiciary Act 1903 by which a court of a State is
invested with jurisdiction with respect to offences against the laws
of the Commonwealth has effect, in relation to offences against
this Act, as if that jurisdiction were so invested without limitation
as to locality other than the limitation imposed by section 80 of the
Constitution.
(2) Subject to section 80 of the Constitution, where a person has
committed an offence against a provision of this Act outside a
Territory and is found in, or brought into, the Territory, a court of
the Territory has the same jurisdiction in respect of the offence as it
would have if the offence had been committed in the Territory.
(3) The trial of an offence against a provision of this Act not
committed within a State may be held by a court of competent
jurisdiction at any place where the court may sit.

Division 2 Other
Section 494AA
494AA Bar on certain legal proceedings relating to unauthorised

maritime arrivals
(1) The following proceedings against the Commonwealth may not be
instituted or continued in any court:
(a) proceedings relating to an unauthorised entry by an
unauthorised maritime arrival;
(b) proceedings relating to the status of an unauthorised maritime
arrival as an unlawful non-citizen during any part of the
ineligibility period;
(c) proceedings relating to the lawfulness of the detention of an
unauthorised maritime arrival during the ineligibility period,
being a detention based on the status of the unauthorised
maritime arrival as an unlawful non-citizen;
(d) proceedings relating to the exercise of powers under repealed
section 198A;
(e) proceedings relating to the performance or exercise of a
function, duty or power under Subdivision B of Division 8 of
Part 2 in relation to an unauthorised maritime arrival.
(2) This section has effect despite anything else in this Act or any
other law.
(3) Nothing in this section is intended to affect the jurisdiction of the
High Court under section 75 of the Constitution.
Commonwealth includes:
(a) an officer of the Commonwealth; and
(b) any other person acting on behalf of the Commonwealth.
ineligibility period means the period from the time of the
unauthorised entry until the time when the person next ceases to be
an unlawful non-citizen.
unauthorised entry means an entry into Australia that occurs:
(a) at an excised offshore place after the excision time for that
place; or

Other Division 2
Section 494AB
(b) at any other place on or after the commencement of

section 5AA.
494AB Bar on certain legal proceedings relating to transitory

persons
(1) The following proceedings against the Commonwealth may not be
instituted or continued in any court:
(a) proceedings relating to the exercise of powers under
section 198B;
(b) proceedings relating to the status of a transitory person as an
unlawful non-citizen during any part of the ineligibility
period;
(c) proceedings relating to the detention of a transitory person
who is brought to Australia under section 198B, being a
detention based on the status of the person as an unlawful
non-citizen;
(ca) proceedings relating to the performance or exercise of a
function, duty or power under Subdivision B of Division 8 of
Part 2 in relation to a transitory person;
(d) proceedings relating to the removal of a transitory person
from Australia under this Act.
(2) This section has effect despite anything else in this Act or any
other law.
(3) Nothing in this section is intended to affect the jurisdiction of the
High Court under section 75 of the Constitution.
Commonwealth includes:
(a) an officer of the Commonwealth; and
(b) any other person acting on behalf of the Commonwealth.
ineligibility period means the period from the time when the
transitory person was brought to Australia under section 198B until
the time when the person next ceases to be an unlawful non-citizen.

Division 2 Other
Section 494A
494A Giving documents by Minister where no requirement to do so

by section 494B method
(1) If:
the Minister to give a document to a person; and
(i) by one of the methods specified in section 494B; or
the Minister may give the document to the person by any method
that he or she considers appropriate (which may be one of the
methods mentioned in subparagraph (b)(i) or (ii) of this section).
Note: Section 494D deals with giving documents to a person’s authorised
recipient.
(2) If a person is a minor, the Minister may give a document to an

individual who is at least 18 years of age if the Minister reasonably
believes that:
minor; or
(3) However, subsection (2) does not apply if subsection 52(3C)
(which relates to giving notifications in the case of combined
applications) applies in relation to the minor.
(4) If the Minister gives a document to an individual, as mentioned in
subsection (2), the Minister is taken to have given the document to
the minor. However, this does not prevent the Minister giving the
(5) This section does not apply to the giving of any of the following
documents:
(a) a document relating to the proposed cancellation of a visa;

Other Division 2
Section 494B
(b) a document relating to the cancellation of a visa;

(c) a document relating to the revocation of the cancellation of a
visa;
(d) a document relating to a decision not to revoke the
cancellation of a visa.
Note 1: The Minister must give a person a document mentioned in this
subsection in the way prescribed by the regulations for the document
(see, for example, subsections 119(2), 127(2A) and 501G(3) and
paragraph 504(1)(e)).
Note 2: For the giving of such a document to the person’s authorised recipient,
see section 494D.
494B Methods by which Minister gives documents to a person
Coverage of section
(1) For the purposes of provisions of this Act or the regulations that:
(a) require or permit the Minister to give a document to a person
(b) state that the Minister must do so by one of the methods
(1A) If a person is a minor, the Minister may use the method mentioned
in subsection (4), (5) or (5A) to dispatch, transmit or make
available a document to an individual (a carer of the minor):
(b) who the Minister reasonably believes:
Note: If the Minister gives an individual a document by the method
mentioned in subsection (4), (5) or (5A), the individual is taken to
have received the document at the time specified in section 494C in
respect of that method.

Division 2 Other
Section 494B
(1B) However, subsection (1A) does not apply if subsection 52(3C)

(which relates to giving notifications in the case of combined
applications) applies in relation to the minor.
Giving by hand
(2) One method consists of the Minister (including by way of an
authorised officer) handing the document to the recipient.

(3) Another method consists of the Minister (including by way of an
authorised officer) handing the document to another person who:
Minister by the recipient for the purposes of receiving
documents; and

(4) Another method consists of the Minister dating the document, and
then dispatching it:
the document; and
(c) to:
(i) the last address for service provided to the Minister by
the recipient for the purposes of receiving documents; or
Minister by the recipient for the purposes of receiving
documents; or
the minor that is known by the Minister.

Other Division 2
Section 494B

(5) Another method consists of the Minister transmitting the document
by:
(a) fax; or
(b) email; or
to:
as the case may be, provided to the Minister for the purposes
of receiving documents; or
carer of the minor that is known by the Minister.
Making document available by way of online account

(5A) Another method consists of the Minister making the document
available by way of an online account of the recipient established
for purposes relating to this Act or the regulations.
When the Minister hands a document by way of an authorised

officer
(6) For the purposes of sections 494C and 494D, a reference in those
sections to an act of the Minister includes, if the act is of a kind
referred to in subsection (2) or (3) of this section, a reference to an
act of the Minister by way of an authorised officer.

(7) If the Minister gives a document to a carer of a minor, the Minister
does not prevent the Minister giving the minor a copy of the
document.

Division 2 Other
Section 494C
494C When a person is taken to have received a document from the

Minister
(1) This section applies if the Minister gives a document to a person by
one of the methods specified in section 494B (including in a case
covered by section 494A).
Giving by hand
(2) If the Minister gives a document to a person by the method in

subsection 494B(3) (which involves handing the document to
person.



Other Division 2
Section 494C
is transmitted.
Making document available by way of online account

subsection 494B(5A) (which involves making the document
available by way of an online account), the person is taken to have
received the document at the end of the day on which it is made
available.

(7) If:
(a) the Minister purports to give a document to a person in
accordance with a method (the relevant method) specified in
section 494B (including in a case covered by section 494A)
but makes an error in doing so; and
then, despite the error:
(c) the document is taken to have been given in accordance with
the relevant method; and
(d) the person is taken to have received the document:
(i) at the time mentioned in this section for the relevant
method; or
(ii) if the person can show that the person received the
document at a later time—at that later time.

Division 2 Other
Section 494D
494D Authorised recipient

(1) If a person (the first person) gives the Minister written notice of
the name and address of another person (the authorised recipient)
authorised by the first person to receive documents in connection
with specified matters arising under this Act or the regulations, the
Minister must give the authorised recipient, instead of the first
person, any documents in connection with those matters that the
Minister would otherwise have given to the first person.
Note: If the Minister gives a person a document by a method specified in
section 494B, the person is taken to have received the document at the
(2) If the Minister gives a document to the authorised recipient, the

Minister is taken to have given the document to the first person.
However, this does not prevent the Minister giving the first person
a copy of the document.
(3) Subject to subsection (3A), the first person (but not the authorised
recipient) may vary or withdraw the notice under subsection (1) at
any time, but must not (unless the regulations provide otherwise)
vary the notice so that any more than one person becomes the first
person’s authorised recipient.
(3A) In addition to the first person being able to vary the notice under
subsection (1) by varying the address of the authorised recipient,
(5) The Minister need not comply with subsection (1) if:
(a) the authorised recipient is not a registered migration agent
(within the meaning of Part 3); and
(b) the Minister reasonably suspects that the authorised recipient
is giving immigration assistance (within the meaning of that
Part); and
(c) the Minister has given the first person a notice, by one of the
methods specified in section 494B, stating that he or she does
not intend to give the authorised recipient documents as
mentioned in subsection (1).

Other Division 2
Section 494E
494E When documents are taken to comply with content

requirements
(1) This section applies in relation to a document if:
the Minister to give the document to a person; and
(b) a provision of this Act or the regulations requires (the
content requirements) the document to include particular
information.
(2) For the purposes of this Act or the regulations, the document is
taken to comply with the content requirements if:
(a) there is substantial compliance with those requirements; and
(b) the failure to strictly comply with those requirements does
not, or is not likely to, cause substantial prejudice to the
person’s rights (including, but not limited to, rights to seek
review in connection with the matter to which the document
relates).
(3) Subsection (2) applies despite any other provision of this Act or the
regulations.
(4) Without limiting paragraph (2)(a), there may be substantial
compliance with the content requirements even if there is an error,
omission, misstatement or misdescription in the document.
(5) Without limiting paragraph (2)(b), a failure by the person to:
(a) exercise any rights (including, but not limited to, rights to
seek review) in connection with the matter to which the
document relates; or
(b) take any other action (including, but not limited to, the
making of representations) in connection with the matter to
which the document relates;
is not on its own to be taken to imply that the failure to strictly
comply with the content requirements has caused substantial
prejudice to the person’s rights (including, but not limited to, rights
to seek review in connection with the matter to which the
document relates).

Division 2 Other
Section 494E
Example 1: Andrew, George and Daniel each make an application for the grant of
a visa. The Minister refuses to grant each applicant the visa and gives
notice of the refusal decision to each applicant. The notice states that
the applicant may make an application for review of the refusal
decision within 30 days after the notice is received by the applicant.
While the notice substantially complies with the requirement in the
Act to state the period within which an application for review must be
made, the notice misstates the period. The correct period is 28 days
after the notice is received by the applicant.
Andrew makes an application for review of the refusal decision 25
days after receiving the notice. As the misstatement in the notice does
not cause substantial prejudice to Andrew’s right to seek review, it is
intended that subsection (2) would apply in relation to the notice given
to Andrew.
George makes an application for review of the refusal decision 29
days after receiving the notice. The misstatement in the notice causes
substantial prejudice to George’s right to seek review as the
application for review is not made within the required period but is
made within the misstated period specified in the notice. It is intended
that subsection (2) would not apply in relation to the notice given to
George.
Daniel makes an application for review of the refusal decision 40 days
after receiving the notice. The misstatement in the notice does not
cause substantial prejudice to Daniel’s right to seek review as the
application for review is made well after the required period. It is
to Daniel.
Example 2: Anne applies for a visa and has an authorised recipient under
section 494D. The Minister refuses to grant Anne the visa and gives
notice of the refusal decision by sending an email to the authorised
recipient. The authorised recipient receives the notice and 2 days later
forwards it on to Anne.
The notice states that Anne may make an application for review of the
refusal decision within 21 days after the day Anne receives the notice.
The notice does not explain that the effect of sections 494C and 494D
is that the period of 21 days begins to run on the day after the day the
notice is received by the authorised recipient, rather than by Anne.
While the notice substantially complies with the requirement in the
Act to state the period within which an application for review must be
made, the notice misdescribes when that period begins to run.
Anne makes an application for review of the refusal decision 35 days
after receiving the notice. The misdescription in the notice does not

Other Division 2
Section 495
cause substantial prejudice to Anne’s right to seek review as the

application for review is made well after the required period. It is
to the authorised recipient.
495 Minister may approve forms

The Minister may, in writing, approve a form for the purposes of a
provision of this Act in which the expression “approved form” is
used.
495A Minister may arrange for use of computer programs to make

decisions etc.
(1) The Minister may arrange for the use, under the Minister’s control,
of computer programs for any purposes for which the Minister
may, or must, under the designated migration law:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a
power, or complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the
exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case
requires) by the operation of a computer program under an
arrangement made under subsection (1).
(3) For the purposes of this section, the following provisions are the
designated migration law:
(a) Subdivisions A, AA, AB and AC of Division 3 of Part 2
(other than section 48B);
(aa) section 257A;

Division 2 Other
Section 495B
(b) any provision of this Act or of the regulations that the

Minister, by legislative instrument, determines to be part of
the designated migration law.
495B Minister may substitute more favourable decisions for certain

computer-based decisions
(1) The Minister may substitute a decision (the substituted decision)
for a decision (the initial decision) made by the operation of a
computer program under an arrangement made under
subsection 495A(1) if:
(a) a certificate under paragraph 271(1)(l) relates to the computer
program and to the initial decision; and
(b) the certificate states that the computer program was not
functioning correctly; and
(c) the substituted decision could have been made under the
same provision of the designated migration law as the initial
decision; and
(d) the substituted decision is more favourable to the applicant.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
496 Delegation
(1) The Minister may, by writing signed by him or her, delegate to a
person any of the Minister’s powers under this Act.
(1A) The delegate is, in the exercise of a power delegated under
subsection (1), subject to the directions of the Minister.

Other Division 2
Section 497
(2) The Secretary may, by writing signed by him or her, delegate to a

person any of the Secretary’s powers under this Act.
(3) If an application for a visa that has a health criterion is made, the
Minister may:
(a) delegate to a person the power to consider and decide
whether that criterion is satisfied; and
(b) consider and decide, or delegate to another person the power
to consider and decide, all other aspects of the application.
(4) To avoid doubt, if there is a delegation described in paragraph (3)(a)
in relation to an application for a visa:
(a) Subdivision AB of Division 3 of Part 2 has effect
accordingly; and
(b) for the purposes of subsection 65(1), the Minister is satisfied
or not satisfied that the health criterion for the visa has been
satisfied if the delegate who was given that delegation is so
satisfied or not so satisfied, as the case may be.
(5) Subsection (1A) does not limit subsection 499(1).
497 Delegate not required to perform certain administrative tasks

(1) If the Minister delegates the power to grant or refuse to grant visas,
the delegation does not require the delegate personally to perform
any task in connection with the grant or refusal, except the taking
of a decision in each case whether or not a visa should be granted.
(2) If the Minister delegates the power to cancel visas, the delegation
does not require the delegate personally to perform any task in
connection with the cancellation, except the taking of a decision in
each case whether a visa should be cancelled.
(3) Nothing in subsection (1) or (2) shall be taken to imply that:
(a) a person on whom a power is conferred by or under this or
any other Act; or
(b) a delegate of such a person;

Division 2 Other
Section 498
is required personally to perform all administrative and clerical

tasks connected with the exercise of the power.
498 Exercise of powers under Act

(1) The powers conferred by or under this Act shall be exercised in
accordance with any applicable regulations under this Act.
(2) Nothing in this section shall be taken to limit the operation of
subsection 29(4).
499 Minister may give directions

(1) The Minister may give written directions to a person or body
having functions or powers under this Act if the directions are
about:
(a) the performance of those functions; or
(b) the exercise of those powers.
(1A) For example, a direction under subsection (1) could require a
person or body to exercise the power under section 501 instead of
the power under section 200 (as it applies because of section 201)
in circumstances where both powers apply.
(2) Subsection (1) does not empower the Minister to give directions
that would be inconsistent with this Act or the regulations.
(2A) A person or body must comply with a direction under
subsection (1).
(3) The Minister shall cause a copy of any direction given under
subsection (1) to be laid before each House of the Parliament
within 15 sitting days of that House after that direction was given.
(4) Subsection (1) does not limit subsection 496(1A).
500 Review of decision

(1) Applications may be made to the Administrative Appeals Tribunal
for review of:

Other Division 2
Section 500
(a) decisions of the Minister under section 200 because of

circumstances specified in section 201, other than decisions
to which a certificate under section 502 applies; or
(b) decisions of a delegate of the Minister under section 501
(subject to subsection (4A)); or
(ba) decisions of a delegate of the Minister under
subsection 501CA(4) not to revoke a decision to cancel a
visa; or
(c) a decision, other than a decision to which a certificate under
section 502 applies, to refuse under section 65 to grant a
protection visa, relying on:
(ii) paragraph 36(2C)(a) or (b) of this Act.
Note: Decisions to refuse to grant a protection visa to fast track applicants
are generally not reviewable by the Administrative Appeals Tribunal.
However, some decisions of this kind are reviewable by that Tribunal,
in the circumstances mentioned in paragraph (a), or
subparagraph (b)(i) or (iii), of the definition of fast track decision in
subsection 5(1).
(2) A person is not entitled to make an application under

paragraph (1)(a) unless:
(a) the person is an Australian citizen; or
(b) the person is a lawful non-citizen whose continued presence
in Australia is not subject to any limitation as to time
imposed by law.
(3) A person is not entitled to make an application under
subsection (1) for review of a decision referred to in
paragraph (1)(b) or (c) unless the person would be entitled to seek
review of the decision under Part 5 or 7 if the decision had been
made on another ground.
(4) The following decisions are not reviewable under Part 5 or 7:
(a) a decision under section 200 because of circumstances
specified in section 201;
(b) a decision under section 501;

Division 2 Other
Section 500
(c) a decision to refuse to grant a protection visa, or to cancel a

protection visa, relying on:
(ii) paragraph 36(2C)(a) or (b) of this Act.
(4A) The following decisions are not reviewable under this section, or
under Part 5 or 7:
(a) a decision to refuse to grant a protection visa relying on
subsection 36(1B);
(b) a decision to cancel a protection visa because of an
assessment by the Australian Security Intelligence
Organisation that the holder of the visa is directly or
indirectly a risk to security (within the meaning of section 4
of the Australian Security Intelligence Organisation Act
1979);
(c) a decision of a delegate of the Minister under
subsection 501(3A) to cancel a visa.
(6) Where an application has been made to the Tribunal for the review
of a decision under section 200 ordering the deportation of a
person, the order for the deportation of the person shall not be
taken for the purposes of section 253 to have ceased or to cease to
be in force by reason only of any order that has been made by:
(a) the Tribunal (for example, an order under section 41 (stay
orders) of the Administrative Appeals Tribunal Act 1975); or
(c) the Federal Court of Australia or a Judge of that Court under
section 44A of that Act; or
(d) the Federal Circuit and Family Court of Australia
(Division 2) or a Judge of that Court under section 44A of
that Act.
(6A) If a decision under section 501 of this Act, or a decision under
subsection 501CA(4) of this Act not to revoke a decision to cancel
a visa, relates to a person in the migration zone, section 28 of the
Administrative Appeals Tribunal Act 1975 does not apply to the
decision.

Other Division 2
Section 500
(6B) If a decision under section 501 of this Act, or a decision under

subsection 501CA(4) of this Act not to revoke a decision to cancel
a visa, relates to a person in the migration zone, an application to
the Tribunal for a review of the decision must be lodged with the
Tribunal within 9 days after the day on which the person was
notified of the decision in accordance with subsection 501G(1).
Accordingly, paragraph 29(1)(d) and subsections 29(7), (8), (9)
and (10) of the Administrative Appeals Tribunal Act 1975 do not
apply to the application.
(6C) If a decision under section 501, or a decision under
subsection 501CA(4) not to revoke a decision to cancel a visa,
relates to a person in the migration zone, an application to the
Tribunal for a review of the decision must be accompanied by, or
by a copy of:
(a) the document notifying the person of the decision in
accordance with subsection 501G(1); and
(b) one of the sets of documents given to the person under
subsection 501G(2) at the time of the notification of the
decision.
(6D) If an application is made to the Tribunal for a review of a decision
under section 501, or a decision under subsection 501CA(4) not to
revoke a decision to cancel a visa, that relates to a person in the
migration zone:
(a) the Registrar of the Tribunal must notify the Minister that the
application has been made; and
(b) paragraph 29AC(1)(b) and section 37 of the Administrative
Appeals Tribunal Act 1975 do not apply to the decision or the
application.
(6F) If:
(a) an application is made to the Tribunal for a review of a
decision under section 501 of this Act or a decision under
subsection 501CA(4) of this Act not to revoke a decision to
cancel a visa; and
(b) the decision relates to a person in the migration zone;
then:

Division 2 Other
Section 500
(c) the Minister must lodge with the Tribunal, within 14 days
after the day on which the Minister was notified that the
application had been made, a copy of every document that:
(i) is in the Minister’s possession or under the Minister’s
control; and
(ii) was relevant to the making of the decision; and
(iii) contains non-disclosable information; and
(d) the Tribunal may have regard to that non-disclosable
information for the purpose of reviewing the decision, but
must not disclose that non-disclosable information to the
person making the application.
(6FA) The Tribunal may direct the Minister to lodge a specified number
of additional copies of a document to which paragraph (6F)(c)
applies within the period mentioned in that paragraph. The
Minister must comply with the direction.
(6G) If:
cancel a visa; and
the Tribunal must not:
(c) hold a hearing (other than a directions hearing); or
(d) make a decision under section 43 of the Administrative
Appeals Tribunal Act 1975;
in relation to the decision under review until at least 14 days after
the day on which the Minister was notified that the application had
been made.
(6H) If:
decision under section 501 or a decision under
visa; and

Other Division 2
Section 500
the Tribunal must not have regard to any information presented

orally in support of the person’s case unless the information was
set out in a written statement given to the Minister at least 2
business days before the Tribunal holds a hearing (other than a
directions hearing) in relation to the decision under review.
(6J) If:
decision under section 501 or a decision under
visa; and
the Tribunal must not have regard to any document submitted in
support of the person’s case unless a copy of the document was
given to the Minister at least 2 business days before the Tribunal
holds a hearing (other than a directions hearing) in relation to the
decision under review. However, this does not apply to documents
given to the person or Tribunal under subsection 501G(2) or
subsection (6F) of this section.
(6K) If:
cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal is of the opinion that particular documents, or
documents included in a particular class of documents, may
be relevant in relation to the decision under review;
then:
(d) the Tribunal may cause to be served on the Minister a notice
in writing stating that the Tribunal is of that opinion and
requiring the Minister to lodge with the Tribunal, within a
time specified in the notice, a copy, or the number of copies
specified in the notice, of each of those documents that is in
the Minister’s possession or under the Minister’s control; and
(e) the Minister must comply with any such notice.

Division 2 Other
Section 500A
(6L) If:
cancel a visa; and
(b) the decision relates to a person in the migration zone; and
(c) the Tribunal has not made a decision under section 42A, 42B,
42C or 43 of the Administrative Appeals Tribunal Act 1975
in relation to the decision under review within the period of
84 days after the day on which the person was notified of the
decision under review in accordance with
subsection 501G(1);
the Tribunal is taken, at the end of that period, to have made a
decision under section 43 of the Administrative Appeals Tribunal
Act 1975 to affirm the decision under review.
(7) In this section, decision has the same meaning as in the
business day means a day that is not:
(a) a Saturday; or
(b) a Sunday; or
(c) a public holiday in the Australian Capital Territory; or
(d) a public holiday in the place concerned.
500A Refusal or cancellation of temporary safe haven visas
Refusal or cancellation of temporary safe haven visas

(1) The Minister may refuse to grant to a person a temporary safe
haven visa, or may cancel a person’s temporary safe haven visa if,
in the Minister’s opinion:
(a) the person has or has had an association with someone else,
or with a group or organisation, whom the Minister
reasonably suspects has been or is involved in criminal
conduct; or

Other Division 2
Section 500A
(b) having regard to either or both of the following:

(i) the person’s past and present criminal conduct;
(ii) the person’s past and present general conduct;
the person is not of good character; or
(c) in the event the person were allowed to enter or to remain in
Australia, there is a significant risk that the person would:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in
Australia (see subsection (2)); or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a
segment of that community; or
(v) represent a danger to the Australian community or to a
segment of that community, whether by way of being
liable to become involved in activities that are
disruptive to, or in violence threatening harm to, that
community or segment, or in any other way; or
(d) the person is a threat to national security; or
(e) the person’s presence in Australia would prejudice
Australia’s international relations.
(2) For the purposes of subsection (1), conduct may amount to
harassment or molestation of a person even though:
(a) it does not involve violence, or threatened violence, to the
person; or
(b) it consists only of damage, or threatened damage, to property
belonging to, in the possession of, or used by, the person.
Refusal or cancellation of temporary safe haven visas

(3) The Minister may refuse to grant to a person a temporary safe
haven visa, or may cancel a person’s temporary safe haven visa if:
(a) the person has been sentenced to death (see subsection (4));
or
(b) the person has been sentenced to imprisonment for life (see
subsection (4)); or

Division 2 Other
Section 500A
(c) the person has been sentenced to a term of imprisonment of

12 months or more (see subsections (4) and (5)); or
(d) the person has been convicted of an offence that was
committed:
(i) while the person was in immigration detention; or
(ii) during an escape by the person from immigration
detention; or
(iii) after the person escaped from immigration detention but
before the person was taken into immigration detention
again; or
(e) the person has been convicted of an offence against
section 197A.
(4) For the purposes of subsection (3), a sentence imposed on a person,
or the conviction of a person for an offence, is to be disregarded if:
(a) the conviction concerned has been quashed or otherwise
nullified; or
(b) the person has been pardoned in relation to the conviction
concerned.
(5) For the purposes of subsection (3), if a person has been convicted
of an offence and the court orders the person to participate in:
(a) a residential drug rehabilitation scheme; or
(b) a residential program for the mentally ill;
the person is taken to have been sentenced to a term of
imprisonment equal to the number of days the person is required to
participate in the scheme or program.
Minister to exercise power personally

(6) The powers under subsections (1) and (3) may only be exercised
by the Minister personally.
Minister to table decision

(7) If the Minister makes a decision under subsection (1) or (3) to
refuse to grant, or to cancel, a temporary safe haven visa, the

Other Division 2
Section 500A
Minister is to cause to be laid before each House of the Parliament

a statement that:
(b) sets out the reasons for the decision.
(8) A statement under subsection (7) is not to include:
(a) the name of the non-citizen; or
(b) any information that may identify the non-citizen; or
(b) if the decision is made between 1 July and 31 December
Minister to notify person of decision

(10) If the Minister makes a decision under subsection (1) or (3) to
refuse to grant a person a temporary safe haven visa, or to cancel a
person’s temporary safe haven visa, the Minister must, in writing,
notify the person of the decision. However, failure to do so does
not affect the validity of the decision.
(10A) If the notification under subsection (10) relates to a decision to
cancel a person’s temporary safe haven visa, the notification must
be given in the prescribed way.
Natural justice and code of procedure not to apply to decision

(11) The rules of natural justice, and the code of procedure set out in
Subdivision AB of Division 3 of Part 2, do not apply to a decision
under subsection (1) or (3).

Division 2 Other
Section 501
Automatic refusal to grant visa to an immediate family member

(12) If the Minister refuses to grant a person a temporary safe haven
visa under subsection (1) or (3), then the Minister is also taken to
have refused to grant a temporary safe haven visa to each
immediate family member of the person. The immediate family
member need not be notified of the refusal.
Automatic cancellation of immediate family member’s visa

(13) If a person’s temporary safe haven visa is cancelled under
subsection (1) or (3), then a temporary safe haven visa held by
each immediate family member of the person is also cancelled. The
immediate family member need not be notified of the cancellation.
Definitions
court includes a court martial or similar military tribunal.
immediate family member of a person means another person who
is a member of the immediate family of the person (within the
meaning of the regulations).
imprisonment includes any form of punitive detention in a facility
or institution.
sentence includes any form of determination of the punishment for
an offence.
501 Refusal or cancellation of visa on character grounds
Decision of Minister or delegate—natural justice applies

(1) The Minister may refuse to grant a visa to a person if the person
does not satisfy the Minister that the person passes the character
test.
Note: Character test is defined by subsection (6).

Other Division 2
Section 501
(2) The Minister may cancel a visa that has been granted to a person if:
(a) the Minister reasonably suspects that the person does not
pass the character test; and
(b) the person does not satisfy the Minister that the person passes
the character test.
Decision of Minister—natural justice does not apply

(3) The Minister may:
(a) refuse to grant a visa to a person; or
(b) cancel a visa that has been granted to a person;
if:
(c) the Minister reasonably suspects that the person does not
pass the character test; and
(d) the Minister is satisfied that the refusal or cancellation is in
the national interest.
(3A) The Minister must cancel a visa that has been granted to a person
if:
(a) the Minister is satisfied that the person does not pass the
character test because of the operation of:
(i) paragraph (6)(a) (substantial criminal record), on the
basis of paragraph (7)(a), (b) or (c); or
(ii) paragraph (6)(e) (sexually based offences involving a
child); and
(b) the person is serving a sentence of imprisonment, on a
full-time basis in a custodial institution, for an offence
against a law of the Commonwealth, a State or a Territory.
(3B) Subsection (3A) does not limit subsections (2) and (3).
(4A) If the Minister makes a decision under subsection (3) in relation to
a person, 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 the decision was made.

Division 2 Other
Section 501
(4B) Subsection (4A) does not apply if:

(a) the decision was made on the basis that the Minister
reasonably suspects the person does not pass the character
test because of the operation of paragraph (6)(a), (e) or (g); or
(b) the person was the subject of an adverse security assessment,
or a qualified security assessment, under the ASIO Act when
the decision was made.
under subsection (3) or (3A).
Character test
(6) For the purposes of this section, a person does not pass the
character test if:
(a) the person has a substantial criminal record (as defined by
subsection (7)); or
(aa) the person has been convicted of an offence that was
committed:
(i) while the person was in immigration detention; or
(ii) during an escape by the person from immigration
detention; or
(iii) after the person escaped from immigration detention but
before the person was taken into immigration detention
again; or
(ab) the person has been convicted of an offence against
section 197A; or
(b) the Minister reasonably suspects:
(i) that the person has been or is a member of a group or
organisation, or has had or has an association with a
group, organisation or person; and
(ii) that the group, organisation or person has been or is
involved in criminal conduct; or
(ba) the Minister reasonably suspects that the person has been or
is involved in conduct constituting one or more of the
following:

Other Division 2
Section 501
(i) an offence under one or more of sections 233A to 234A

(people smuggling);
(ii) an offence of trafficking in persons;
(iii) the crime of genocide, a crime against humanity, a war
crime, a crime involving torture or slavery or a crime
that is otherwise of serious international concern;
whether or not the person, or another person, has been
convicted of an offence constituted by the conduct; or
(c) having regard to either or both of the following:
(i) the person’s past and present criminal conduct;
(ii) the person’s past and present general conduct;
the person is not of good character; or
(d) in the event the person were allowed to enter or to remain in
Australia, there is a risk that the person would:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in
Australia; or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a
segment of that community; or
(v) represent a danger to the Australian community or to a
segment of that community, whether by way of being
liable to become involved in activities that are
disruptive to, or in violence threatening harm to, that
community or segment, or in any other way; or
(e) a court in Australia or a foreign country has:
(i) convicted the person of one or more sexually based
offences involving a child; or
(ii) found the person guilty of such an offence, or found a
charge against the person proved for such an offence,
even if the person was discharged without a conviction;
or
(f) the person has, in Australia or a foreign country, been
charged with or indicted for one or more of the following:
(i) the crime of genocide;

Division 2 Other
Section 501
(ii)
a crime against humanity;
(iii)
a war crime;
(iv)a crime involving torture or slavery;
(v)a crime that is otherwise of serious international
concern; or
(g) the person has been assessed by the Australian Security
Intelligence Organisation to be directly or indirectly a risk to
security (within the meaning of section 4 of the Australian
Security Intelligence Organisation Act 1979); or
(h) an Interpol notice in relation to the person, from which it is
reasonable to infer that the person would present a risk to the
Australian community or a segment of that community, is in
force.
Otherwise, the person passes the character test.
Substantial criminal record

(7) For the purposes of the character test, a person has a substantial
criminal record if:
(a) the person has been sentenced to death; or
(b) the person has been sentenced to imprisonment for life; or
(c) the person has been sentenced to a term of imprisonment of
12 months or more; or
(d) the person has been sentenced to 2 or more terms of
imprisonment, where the total of those terms is 12 months or
more; or
(e) the person has been acquitted of an offence on the grounds of
unsoundness of mind or insanity, and as a result the person
has been detained in a facility or institution; or
(f) the person has:
(i) been found by a court to not be fit to plead, in relation to
an offence; and
(ii) the court has nonetheless found that on the evidence
available the person committed the offence; and
(iii) as a result, the person has been detained in a facility or
institution.

Other Division 2
Section 501
Concurrent sentences
(7A) For the purposes of the character test, if a person has been
sentenced to 2 or more terms of imprisonment to be served
concurrently (whether in whole or in part), the whole of each term
is to be counted in working out the total of the terms.
Example: A person is sentenced to 2 terms of 3 months imprisonment for 2
offences, to be served concurrently. For the purposes of the character
test, the total of those terms is 6 months.
Periodic detention
(8) For the purposes of the character test, if a person has been
sentenced to periodic detention, the person’s term of imprisonment
is taken to be equal to the number of days the person is required
under that sentence to spend in detention.
Residential schemes or programs

(9) For the purposes of the character test, if a person has been
convicted of an offence and the court orders the person to
participate in:
(a) a residential drug rehabilitation scheme; or
(b) a residential program for the mentally ill;
the person is taken to have been sentenced to a term of
imprisonment equal to the number of days the person is required to
participate in the scheme or program.
Pardons etc.
(10) For the purposes of the character test, a sentence imposed on a
person, or the conviction of a person for an offence, is to be
disregarded if:
(a) the conviction concerned has been quashed or otherwise
nullified; or
(b) both:
(i) the person has been pardoned in relation to the
conviction concerned; and

Division 2 Other
Section 501A
(ii) the effect of that pardon is that the person is taken never
to have been convicted of the offence.
Conduct amounting to harassment or molestation

(11) For the purposes of the character test, conduct may amount to
harassment or molestation of a person even though:
(a) it does not involve violence, or threatened violence, to the
person; or
(b) it consists only of damage, or threatened damage, to property
belonging to, in the possession of, or used by, the person.
Definitions
court includes a court martial or similar military tribunal.
imprisonment includes any form of punitive detention in a facility
or institution.
sentence includes any form of determination of the punishment for
an offence.
Note 1: Visa is defined by section 5 and includes, but is not limited to, a
protection visa.
Note 2: For notification of decisions under subsection (1) or (2), see
section 501G.
Note 3: For notification of decisions under subsection (3), see section 501C.
501A Refusal or cancellation of visa—setting aside and substitution

of non-adverse decision under subsection 501(1) or (2)
(a) a delegate of the Minister; or
(b) the Administrative Appeals Tribunal;
makes a decision (the original decision):
(c) not to exercise the power conferred by subsection 501(1) to
refuse to grant a visa to the person; or

Other Division 2
Section 501A
(d) not to exercise the power conferred by subsection 501(2) to

cancel a visa that has been granted to a person;
whether or not the person satisfies the delegate or Tribunal that the
person passes the character test and whether or not the delegate or
Tribunal reasonably suspects that the person does not pass the
character test.
Action by Minister—natural justice applies

(2) The Minister may set aside the original decision and:
(a) refuse to grant a visa to the person; or
(b) cancel a visa that has been granted to the person;
if:
pass the character test (as defined by section 501); and
(d) the person does not satisfy the Minister that the person passes
the character test; and
(e) the Minister is satisfied that the refusal or cancellation is in
Action by Minister—natural justice does not apply

if:
(d) the Minister is satisfied that the refusal or cancellation is in
under subsection (3).
(4A) Under subsection (2) or (3), the Minister may cancel a visa that has
been granted to a person even if the original decision under

Division 2 Other
Section 501B
subsection (1) was a decision not to exercise the power conferred

by subsection 501(1) to refuse to grant a visa to the person.
Minister’s exercise of power

(5) The power under subsection (2) or (3) may only be exercised by
the Minister personally.
the power under subsection (2) or (3) in respect of the original
decision, whether or not the Minister is requested to do so, or in
any other circumstances.
Decision not reviewable under Part 5 or 7

(7) A decision under subsection (2) or (3) is not reviewable under
Part 5 or 7.
Note 1: For notification of decisions under subsection (2), see section 501G.
Note 2: For notification of decisions under subsection (3), see section 501C.
501B Refusal or cancellation of visa—setting aside and substitution

of adverse decision under subsection 501(1) or (2)
(1) This section applies if a delegate of the Minister makes a decision
(the original decision) under subsection 501(1) or (2) to refuse to
grant a visa to a person or to cancel a visa that has been granted to
a person.
if:
(d) the person does not satisfy the Minister that the person passes
the character test; and
(e) the Minister is satisfied that the refusal or cancellation is in

Other Division 2
Section 501BA
(4) A decision under subsection (2) is not reviewable under Part 5 or 7.
(5) To avoid doubt, the Minister may set aside the original decision in
accordance with subsection (2) even if the original decision is the
subject of an application for review by the Administrative Appeals
Tribunal.
Note: For notification of decisions under this section, see section 501G.
501BA Cancellation of visa—setting aside and substitution of

non-adverse decision under section 501CA
(a) a delegate of the Minister; or
(b) the Administrative Appeals Tribunal;
makes a decision under section 501CA (the original decision) to
revoke a decision under subsection 501(3A) to cancel a visa that
has been granted to a person.
Action by Minister—natural justice does not apply

(2) The Minister may set aside the original decision and cancel a visa
that has been granted to the person if:
(a) the Minister is satisfied that the person does not pass the
character test because of the operation of:
(i) paragraph 501(6)(a), on the basis of
paragraph 501(7)(a), (b) or (c); or
(ii) paragraph 501(6)(e); and
(b) the Minister is satisfied that the cancellation is in the national
interest.
(3) The rules of natural justice do not apply to a decision under
subsection (2).

Division 2 Other
Section 501C
Minister’s exercise of power

Decision not reviewable under Part 5 or 7

(5) A decision under subsection (2) is not reviewable under Part 5 or 7.
Note: For notification of decisions under subsection (2), see section 501G.
501C Refusal or cancellation of visa—revocation of decision under

subsection 501(3) or 501A(3)
(1) This section applies if the Minister makes a decision (the original
decision) under subsection 501(3) or 501A(3) to:
(b) cancel a visa that has been granted to a person.
(2) For the purposes of this section, relevant information is
information (other than non-disclosable information) that the
Minister considers:
(a) would be the reason, or a part of the reason, for making the
original decision; and
(b) is specifically about the person or another person and is not
just about a class of persons of which the person or other
person is a member.
(3) As soon as practicable after making the original decision, the
Minister must:
(a) give the person:
(i) a written notice that sets out the original decision; and
(ii) particulars of the relevant information; and
(b) except in a case where the person is not entitled to make
representations about revocation of the original decision (see
subsection (10))—invite the person to make representations
to the Minister, within the period and in the manner
ascertained in accordance with the regulations, about
revocation of the original decision.

Other Division 2
Section 501C
(3A) If the notice under subsection (3) relates to an original decision to

cancel a visa, the notice must be given in the prescribed way.
(4) The Minister may revoke the original decision if:
(a) the person makes representations in accordance with the
invitation; and
(b) the person satisfies the Minister that the person passes the
character test (as defined by section 501).
(6) If the Minister revokes the original decision, the original decision
is taken not to have been made. This subsection has effect subject
to subsection (7).
(7) Any detention of the person that occurred during any part of the
period:
(a) beginning when the original decision was made; and
(b) ending at the time of the revocation of the original decision;
is lawful and the person is not entitled to make any claim against
the Commonwealth, an officer or any other person because of the
detention.
(8) If the Minister makes a decision (the subsequent decision) to
revoke, or not to revoke, the original decision, the Minister must
cause notice of the making of the subsequent decision to be laid
before each House of the Parliament within 15 sitting days of that
House after the day on which the subsequent decision was made.
(9) If the person does not make representations in accordance with the
invitation, the Minister must cause notice of that fact to be laid
before each House of the Parliament within 15 sitting days of that
House after the last day on which the representations could have
been made.
(10) The regulations may provide that, for the purposes of this section:
(a) a person; or

Division 2 Other
Section 501CA
(b) a person included in a specified class of persons;

is not entitled to make representations about revocation of an
original decision unless the person is a detainee.
(11) A decision not to exercise the power conferred by subsection (4) is
not reviewable under Part 5 or 7.
501CA Cancellation of visa—revocation of decision under

subsection 501(3A) (person serving sentence of
imprisonment)
(1) This section applies if the Minister makes a decision (the original
decision) under subsection 501(3A) (person serving sentence of
imprisonment) to cancel a visa that has been granted to a person.
(2) For the purposes of this section, relevant information is
information (other than non-disclosable information) that the
Minister considers:
(a) would be the reason, or a part of the reason, for making the
original decision; and
(b) is specifically about the person or another person and is not
just about a class of persons of which the person or other
person is a member.
(3) As soon as practicable after making the original decision, the
Minister must:
(a) give the person:
(i) a written notice that sets out the original decision; and
(ii) particulars of the relevant information; and
(b) invite the person to make representations to the Minister,
within the period and in the manner ascertained in
accordance with the regulations, about revocation of the
original decision.
(3A) The notice under subsection (3) must be given in the prescribed
way.
(4) The Minister may revoke the original decision if:

Other Division 2
Section 501D
(a) the person makes representations in accordance with the

invitation; and
(b) the Minister is satisfied:
(i) that the person passes the character test (as defined by
section 501); or
(ii) that there is another reason why the original decision
should be revoked.
(5) If the Minister revokes the original decision, the original decision
is taken not to have been made.
(6) Any detention of the person that occurred during any part of the
period:
(a) beginning when the original decision was made; and
(b) ending at the time of the revocation of the original decision;
is lawful and the person is not entitled to make any claim against
the Commonwealth, an officer or any other person because of the
detention.
(7) A decision not to exercise the power conferred by subsection (4) is
not reviewable under Part 5 or 7.
Note: For notification of decisions under subsection (4) to not revoke, see
section 501G.
501D Refusal or cancellation of visa—method of satisfying Minister

that person passes the character test
The regulations may provide that, in determining for the purposes
of section 501, 501A or 501B, whether:
(a) a person; or
(b) a person included in a specified class of persons;
satisfies the Minister that the person passes the character test (as
defined by section 501), any information or material submitted by
or on behalf of the person must not be considered by the Minister
unless the information or material is submitted within the period,
and in the manner, ascertained in accordance with the regulations.

Division 2 Other
Section 501E
501E Refusal or cancellation of visa—prohibition on applying for

other visas
(1) A person is not allowed to make an application for a visa, or have
an application for a visa made on the person’s behalf, at a
particular time (the application time) that occurs during a period
throughout which the person is in the migration zone if:
(a) at an earlier time during that period, the Minister made a
decision under section 501, 501A, 501B or 501BA to refuse
to grant a visa to the person or to cancel a visa that has been
granted to the person; and
(b) the decision was neither set aside nor revoked before the
application time.
(1A) In relation to the Minister’s decision to refuse to grant a visa to the
person, as mentioned in paragraph (1)(a), it does not matter
whether:
(a) the application for the visa was made on the person’s behalf;
or
(b) the person knew about, or understood the nature of, the
application for the visa due to:
(i) any mental impairment; or
(ii) the fact that the person was, at the time the application
was made, a minor.
(1B) In paragraph (1)(a) and subsection (1A), a reference to a refusal to
grant a visa, or to the cancellation of a visa, includes a reference to
such a refusal or cancellation in relation to a visa for which an
application is taken to have been made by the operation of this Act
or a regulation.
(2) Subsection (1) does not prevent a person, at the application time,
from making an application for:
(a) a protection visa; or
(b) a visa specified in the regulations for the purposes of this
subsection.
Note: The person may however be prevented from applying for a protection
visa because of section 48A.

Other Division 2
Section 501F
from making an application for a visa if, before the application
time, the Minister had, acting personally, granted a permanent visa
to the person.
from making an application for a visa if:
(a) before the application time, the person was granted a visa of
a kind referred to in subsection (2) or (3); and
(b) the person would, but for the operation of subsection (2) or
(3), have been prevented from applying for that visa.
501F Refusal or cancellation of visa—refusal of other visa

applications and cancellation of other visas
(1) This section applies if the Minister makes a decision 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.
(2) If:
(a) the person has made another visa application that has neither
been granted nor refused; and
(b) the visa applied for is neither a protection visa nor a visa
specified in the regulations for the purposes of this
subsection;
the Minister is taken to have decided to refuse that other
application.
(3) If:
(a) the person holds another visa; and
(b) that other visa is neither a protection visa nor a visa specified
in the regulations for the purposes of this subsection;
the Minister is taken to have decided to cancel that other visa.
(4) If the decision referred to in subsection (1) is set aside or revoked,
the decision that the Minister is taken to have made under
subsection (2) or (3) is also set aside or revoked, as the case may
be.

Division 2 Other
Section 501G
(5) A decision that the Minister is taken to have made under

subsection (2) or (3) is not reviewable under Part 5 or 7.
Note: For notification of decisions under this section, see section 501G.
501G Refusal or cancellation of visa—notification of decision

(1) If a decision is made under subsection 501(1) or (2) or 501A(2) or
section 501B, 501BA, 501CA or 501F to:
(b) cancel a visa that has been granted to a person; or
(ba) not revoke a decision to cancel a visa that has been granted to
a person;
the Minister must give the person a written notice that:
(c) sets out the decision; and
(d) specifies the provision under which the decision was made
and sets out the effect of that provision; and
(e) sets out the reasons (other than non-disclosable information)
for the decision; and
(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
Administrative Appeals Tribunal:
(i) states that the decision can be reviewed by the Tribunal;
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.

Other Division 2
Section 501H
(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 Administrative Appeals Tribunal; 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.
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.

Division 2 Other
Section 501HA
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
Minister may set aside an AAT protection visa decision and
substitute another decision that is more favourable to the applicant
in the review, whether or not the Administrative Appeals Tribunal
had the power to make that other decision.
(2) For the purposes of this section, an AAT protection visa decision is
a decision of the Administrative Appeals Tribunal 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.
(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 Administrative Appeals Tribunal;
and

Other Division 2
Section 501K

(b) any information that may identify the applicant; or
501K Identity of applicants for protection visas not to be published

by the Administrative Appeals Tribunal
(1) This section applies to a review by the Administrative Appeals
Tribunal 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.

Division 2 Other
Section 501L
(2) The Administrative Appeals Tribunal 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.

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,
(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.

Other Division 2
Section 501L
(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).
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;

Division 2 Other
Section 502
(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.
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.

Other Division 2
Section 503
(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:

Division 2 Other
Section 503A
(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.

Other Division 2
Section 503A
(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).

Division 2 Other
Section 503A
(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:
(a) in accordance with paragraph (1)(a) or (b); or
(b) in accordance with a declaration under subsection (3);
the divulging or communication, as the case may be, is taken, for
the purposes of the Australian Privacy Principles, to be authorised
by this Act.
(8) If any Act (whether passed before or after the commencement of
this section) provides for information to be given, that Act has
effect subject to this section unless that Act expressly provides
otherwise.
Note: This section is specified in Schedule 3 to the Freedom of Information
Act 1982 with the effect that documents containing information
protected from disclosure by this section are exempt documents under
that Act.

Other Division 2
Section 503A

Australian law enforcement or intelligence body means a body,
agency or organisation that is responsible for, or deals with, law
enforcement, criminal intelligence, criminal investigation, fraud or
security intelligence in, or in a part of, Australia.
authorised migration officer means a Commonwealth officer
whose duties consist of, or include, the performance of functions,
or the exercise of powers, under this Act.
Commonwealth officer has the same meaning as in section 121.1
of the Criminal Code.
Note: A Minister is not a Commonwealth officer.
foreign law enforcement body means a body, agency or

organisation that is responsible for, or deals with, law enforcement,
criminal intelligence, criminal investigation, fraud or security
intelligence in a foreign country or a part of a foreign country.
gazetted agency means:
(a) in the case of an Australian law enforcement or intelligence
body—a body specified in a notice published by the Minister
in the Gazette; or
(b) in the case of a foreign law enforcement body—a body in a
foreign country, or a part of a foreign country, that is a
foreign country, or part of a foreign country, specified in a
notice published by the Minister in the Gazette; or
(c) a war crimes tribunal established by or under international
arrangements or international law.
Note: For specification by class, see subsection 33(3AB) of the Acts
Interpretation Act 1901.

Division 2 Other
Section 503B
503B Protection of confidential information disclosed to Federal

Court or Federal Circuit and Family Court of Australia
(Division 2)—permanent non-disclosure orders
Court may make non-disclosure orders

(1) If:
(a) either:
(i) 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
(ii) information is communicated to the Minister or an
authorised migration officer in accordance with
paragraph 503A(1)(a) or (b); and
(b) the information is relevant to proceedings (the substantive
proceedings) before the Federal Court or the Federal Circuit
and Family Court of Australia (Division 2) that relate to
section 501, 501A, 501B, 501BA, 501C or 501CA; and
(c) no declaration is in force under subsection 503A(3)
authorising the disclosure of the information to the Federal
(Division 2) for the purposes of the substantive proceedings;
Australia (Division 2) may, on application by the Minister, make
such orders as the Federal Court or the Federal Circuit and Family
Court of Australia (Division 2) considers appropriate for the
purpose of ensuring that, in the event that such a declaration comes
into force and the information is disclosed to the Federal Court or
the Federal Circuit and Family Court of Australia (Division 2), the
information is not divulged or communicated to:
(d) the applicant in relation to the substantive proceedings; or
(e) the legal representative of the applicant in relation to the
substantive proceedings; or
(f) any other member of the public.

Other Division 2
Section 503B
(2) The orders of the Federal Court or the Federal Circuit and Family
Court of Australia (Division 2) under subsection (1) include:
(a) an order that some or all of the members of the public are to
be excluded during the whole or a part of the hearing of the
substantive proceedings; or
(b) an order that no report of the whole of, or a specified part of,
or relating to, the substantive proceedings is to be published;
or
(c) an order for ensuring that no person, without the consent of
Australia (Division 2), has access to a file or a record of the
Federal Court or the Federal Circuit and Family Court of
Australia (Division 2) that contains the information.
(3) Subsection (2) does not limit subsection (1).
(4) The powers of the Federal Court under this section are to be
exercised by a single Judge of that Court, and the powers of the
this section are to be exercised by a single Judge of that Court.
Criteria for making non-disclosure order

(5) In exercising its powers under subsection (1), the Federal Court or
the Federal Circuit and Family Court of Australia (Division 2)
must have regard to all of the following matters:
(a) the fact that the information was communicated, or originally
communicated, to an authorised migration officer by a
gazetted agency on condition that it be treated as confidential
information;
(b) Australia’s relations with other countries;
(c) the need to avoid disruption to national and international
efforts relating to law enforcement, criminal intelligence,
criminal investigation and security intelligence;
(d) in a case where the information was derived from an
informant—the protection and safety of informants and of
persons associated with informants;

Division 2 Other
Section 503B
(e) the protection of the technologies and methods used (whether

in or out of Australia) to collect, analyse, secure or otherwise
deal with, criminal intelligence or security intelligence;
(f) Australia’s national security;
(g) the fact that the disclosure of information may discourage
gazetted agencies and informants from giving information in
the future;
(h) the effectiveness of the investigations of official inquiries and
Royal Commissions;
(i) the interests of the administration of justice;
(j) such other matters (if any) as are specified in the regulations;
and must not have regard to any other matters.
Disclosure of information for the purposes of deciding whether or

not to make a non-disclosure order
(6) If an application is made under subsection (1) in relation to
particular information, subsections 503A(1) and (2) do not prevent
the disclosure of the information to the Federal Court or the
Federal Circuit and Family Court of Australia (Division 2) for the
purposes of enabling the Federal Court or the Federal Circuit and
Family Court of Australia (Division 2) to make a decision on the
application.
(7) If information is disclosed to the Federal Court or the Federal
Circuit and Family Court of Australia (Division 2) under
subsection (6):
(a) the information is not to be treated as having been disclosed
to the Federal Court or the Federal Circuit and Family Court
of Australia (Division 2) for the purposes of the substantive
proceedings; and
(b) the information may only be considered by the Federal Court
or the Federal Circuit and Family Court of Australia
(Division 2) for the purposes of the substantive proceedings
if a fresh disclosure of the information is made in accordance
with a declaration under subsection 503A(3).

Other Division 2
Section 503B
Variation or revocation of non-disclosure order

(8) The Federal Court or the Federal Circuit and Family Court of
Australia (Division 2) may, by order, vary or revoke an order made
by it under subsection (1) if both:
(a) the Minister; and
(b) the applicant in relation to the substantive proceedings;
consent to the variation or revocation.
Withdrawal of application for non-disclosure order

(9) The Minister may withdraw an application under subsection (1) at
any time.
Declarations under subsection 503A(3)

(10) This section does not prevent the Minister from making a
declaration at any time under subsection 503A(3) authorising the
disclosure of the information to the Federal Court or the Federal
Circuit and Family Court of Australia (Division 2) for the purposes
of the substantive proceedings, even if that time occurs while the
Federal Court or the Federal Circuit and Family Court of Australia
(Division 2) is considering whether to make an order under
subsection (1).
(11) To avoid doubt, the Minister may refuse to make a declaration
under subsection 503A(3) even if the Federal Court or the Federal
Circuit and Family Court of Australia (Division 2) has made an
order under subsection (1) of this section in relation to the
information concerned.
Offence
(a) an order is in force under subsection (1); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the order.

Division 2 Other
Section 503B
Relationship to other laws

(a) any other provision of this Act; or
(b) any other law of the Commonwealth.
Applicant
(14) For the purposes of this section, the table has effect:
Applicant
Item In the case of these proceedings... the applicant is...
1 Proceedings within the jurisdiction the person seeking the remedy to be
of the Federal Circuit and Family granted in exercise of that
Court of Australia (Division 2) jurisdiction.
under section 476 of this Act,
including proceedings arising from:
(a) a remittal under section 44 of the
Judiciary Act 1903; or
(b) a transfer under section 32AB of
the Federal Court of Australia
Act 1976.
2 Proceedings within the Federal the person seeking the remedy to be
Court’s jurisdiction under granted in exercise of that
section 476A of this Act, including jurisdiction.
proceedings arising from a remittal
under section 44 of the Judiciary Act
1903.
3 Proceedings within the Federal the person who was the applicant for
Court’s appellate jurisdiction arising the original proceedings.
from proceedings (the original
proceedings) mentioned in item 1 or
2.

Other Division 2
Section 503C
Applicant
Item In the case of these proceedings... the applicant is...
4 (a) proceedings by way of a referral the person who applied to the
of a question of law arising Administrative Appeals Tribunal for
before the Administrative a review of the decision concerned.
Appeals Tribunal;
(b) proceedings by way of an appeal
in relation to proceedings
mentioned in paragraph (a).
Definitions
authorised migration officer has the same meaning as in
section 503A.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
gazetted agency has the same meaning as in section 503A.
proceeding means a proceeding in a court, whether between parties
or not, and includes an incidental proceeding in the course of, or in
connection with, a proceeding, and also includes an appeal.
Royal Commission means a Royal Commission (however
described) under a law of the Commonwealth, a State or a
Territory.
503C Protection of confidential information disclosed to Federal

Court or Federal Circuit and Family Court of Australia
(Division 2)—interim non-disclosure orders
Notice of intention to apply for a permanent non-disclosure order

(1) At least 7 days before making an application for an order under
subsection 503B(1) in relation to particular information, the

Division 2 Other
Section 503C
Minister must give the Federal Court or the Federal Circuit and
Family Court of Australia (Division 2) written notice of the
Minister’s intention to make the application.
(2) A notice under subsection (1) need not identify any of the
attributes of the information.
Interim non-disclosure order

(3) If:
(a) a notice is given under subsection (1); and
(b) the notice relates to the Minister’s intention to make an
application for an order under subsection 503B(1) in relation
to particular information;
Australia (Division 2) may, on application by the Minister, make
such orders as the Federal Court or the Federal Circuit and Family
Court of Australia (Division 2) considers appropriate for the
purpose of ensuring that, in the event that the subsection 503B(1)
application is made and the information is disclosed to the Federal
(Division 2) in accordance with subsection 503B(6), the
information is not divulged or communicated in circumstances that
might, to any extent, undermine, prejudice or pre-empt:
(c) the consideration of the subsection 503B(1) application by
Australia (Division 2); or
(d) the Minister’s consideration of whether to make a declaration
under subsection 503A(3) authorising the disclosure of the
information to the Federal Court or the Federal Circuit and
Family Court of Australia (Division 2).
(4) The orders of the Federal Court or the Federal Circuit and Family
Court of Australia (Division 2) under subsection (3) include:
(a) an order that some or all of the members of the public are to
be excluded during the whole or a part of the hearing of the
subsection 503B(1) application; or

Other Division 2
Section 503C
(b) an order that no report of the whole of, or a specified part of,
or relating to, the subsection 503B(1) application is to be
published; or
(c) an order for ensuring that no person, without the consent of
Australia (Division 2), has access to a file or a record of the
Federal Court or the Federal Circuit and Family Court of
Australia (Division 2) that contains the information.
(5) Subsection (4) does not limit subsection (3).
(6) The powers of the Federal Court under this section are to be
exercised by a single Judge of that Court, and the powers of the
this section are to be exercised by a single Judge of that Court.
Variation or revocation of non-disclosure order

(7) The Federal Court or the Federal Circuit and Family Court of
Australia (Division 2) may, by order, vary or revoke an order made
by it under subsection (3) if both:
(a) the Minister; and
(b) the applicant in relation to the substantive proceedings
concerned;
consent to the variation or revocation.
Offence
(a) an order is in force under subsection (3); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the order.
Relationship to other laws

(a) any other provision of this Act; or

Division 2 Other
Section 503D
(b) any other law of the Commonwealth.
Definition
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
503D Details of gazetted agency to be treated as protected

information
(1) If section 503A or 503B applies to information communicated by a
gazetted agency to an authorised migration officer so that the
information cannot be divulged or communicated except as
provided for in sections 503A, 503B and 503C, then
sections 503A, 503B and 503C apply to similarly protect the
agency’s details from being divulged or communicated as if the
details were the information communicated by the agency.
(2) A reference in subsection (1) to agency’s details is a reference to
any information in relation to the gazetted agency including the
agency’s name and the conditions on which the communication of
information by the agency occurred.
gazetted agency has the same meaning as in section 503A.
503E Validation of decisions

(1) If:
(a) section 503A is not a valid law of the Commonwealth (in
whole or in part); and
(b) the Minister made a decision under section 501, 501A, 501B,
501BA, 501C or 501CA before the commencement of this
section;

Other Division 2
Section 504
the decision is not invalid, and is taken never to have been invalid,
merely because:
(c) the Minister:
(i) relied on; or
(ii) had regard to; or
(iii) failed to disclose in accordance with any applicable
common law or statutory obligation;
information that was covered, or purportedly covered, by
subsection 503A(1) or (2); or
(d) the Minister made the decision on the basis of an erroneous
understanding of:
(i) section 503A; or
(ii) the protection that section 503A would provide against
an obligation to disclose information.
(2) However, subsection (1) does not affect rights or liabilities arising
between parties to proceedings in which:
(a) judgment is reserved by a court as at the commencement of
this section; or
(b) judgment has been delivered by a court before the
commencement of this section;
and the judgment sets aside, or declares invalid, a decision made
by the Minister under section 501, 501A, 501B, 501BA, 501C or
501CA.
504 Regulations
(1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters which by this Act are required or
permitted to be prescribed or which are necessary or convenient to
be prescribed for carrying out or giving effect to this Act and,
without limiting the generality of the foregoing, may make
regulations:
(a) making provision for and in relation to:
(i) the charging and recovery of fees in respect of any
matter under this Act or the regulations, including the

Division 2 Other
Section 504
fees payable in connection with the review of decisions

made under this Act or the regulations, whether or not
such review is provided for by or under this Act; or
(ii) the charging and recovery of fees in respect of English
language tests conducted by or on behalf of the
Department;
(iii) the way, including the currency, in which fees are to be
paid; or
(iv) the persons who may be paid fees on behalf of the
Commonwealth;
(b) making provision for the remission, refund or waiver of fees
of a kind referred to in paragraph (a) or for exempting
persons from the payment of such fees;
(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

Other Division 2
Section 504
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.

Division 2 Other
Section 504
(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

Other Division 2
Section 505
(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.
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

Division 2 Other
Section 506A
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;

Other Division 2
Section 506B
(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 informing the Secretary
is correct accordingly.
2 (a) the Commissioner is satisfied that the tax of the correct tax file
file number is not correct; and number.
(b) the Commissioner is satisfied that the
relevant person has a tax file number;
3 (a) the Commissioner is satisfied that the tax informing the Secretary
file number is not correct; and accordingly.
(b) the Commissioner is not satisfied that the

Division 2 Other
Section 507
Notices of the Commissioner of Taxation

Item If … the Commissioner may
give the Secretary
written notice …
relevant person has a tax file number;
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

Other Division 2
Section 507
relationship status of persons making or administering regulations

covered by subsection (1).

The Schedule Acts relating to immigration and deportation repealed
The Schedule—Acts relating to immigration

and deportation repealed
Section 3
Immigration Restriction Act 1901

Immigration Restriction Amendment Act 1905
Immigration Act 1912
Pacific Island Labourers Act 1901
Pacific Island Labourers Act 1906
Aliens Deportation Act 1948

Endnotes
Endnote 1—About the endnotes
Endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
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

Endnotes
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.

Endnotes
ad = added or inserted o = order(s)

am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x /sub-subparagraph(s)
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
No. = Number(s) commenced or to be commenced

Endnotes
Act Number Assent Commencement Application,

and year saving and
transitional
provisions
Migration Act 1958 62, 1958 8 Oct 1958 s 59–64: 10 Nov 1958
(s 2 and gaz 1958,
p 3857)
Remainder: 1 June 1959
(s 2 and gaz 1959,
p 1831)
Migration Act 1964 87, 1964 5 Nov 1964 5 Nov 1964 (s 2) —
Migration Act 1966 10, 1966 6 May 1966 6 May 1966 (s 2) s 3(2)
Migration Act 1973 16, 1973 11 Apr 11 Apr 1973 (s 2) —
1973
Statute Law Revision 216, 1973 19 Dec Sch 1 and 2: 31 Dec s 9(1) and 10
Act 1973 1973 1973 (s 2)
Administrative Changes 91, 1976 20 Sept s 4: 20 Sept 1976 (s 2(1)) s4
(Consequential 1976 Sch: 22 Dec 1975
Provisions) Act 1976 (s 2(7))
Migration Amendment 117, 1979 29 Oct s 1, 2, 3(1), 4, 5, 7, 11– s 9(2), (3) and
Act 1979 1979 14, 16–19, 22–25 and 22(2)
27–29: 29 Oct 1979
(s 2(1))
Remainder: 1 Nov 1979
(s 2(2) and gaz 1979, No
S220)
Migration Amendment 118, 1979 29 Oct 1 Nov 1979 (s 2 and gaz —
Act (No. 2) 1979 1979 1979, No S220)
Migration Amendment 89, 1980 29 May s 3: 1 July 1980 (s 2(2) —
Act 1980 1980 and gaz 1980, No S146)
Remainder: 29 May
1980 (s 2(1))

Endnotes

and year saving and
transitional
provisions
Migration Amendment 175, 1980 17 Dec s 3(2), 4, 7(2), 9, 12 and s 12 and 13

Act (No. 2) 1980 1980 13: 23 Jan 1981 (s 2(2)
and gaz 1981, No G3, p
30)
Remainder: 14 Jan 1981
(s 2(1))
as amended by
Migration Legislation 59, 1989 19 June s 37: 19 June 1990 —
Amendment Act 1989 1989 (s 2(2))
Statute Law Revision 61, 1981 12 June s 58 and 59: 1 Nov 1979 s 60(2)
Act 1981 1981 (s 2(7))
s 60 and 115: 12 June
1981 (s 2(1))
Off-shore Installations 51, 1982 16 June s 42–51: 14 July 1982 —
(Miscellaneous 1982 (s 2(1))
Amendments) Act 1982
as amended by
Statute Law 165, 1984 25 Oct Sch 1: 14 July 1982 s 2(32) and 6(1)
Provisions) Act
(No. 2) 1984
Migration Amendment 73, 1983 28 Oct 25 Nov 1983 (s 2) —
(Emigration of Certain 1983
Children) Act 1983
Migration Amendment 112, 1983 13 Dec 2 Apr 1984 (s 2 and gaz s 8(2) and 38
Act 1983 1983 1984, No S119)
Torres Strait Treaty 22, 1984 26 Apr s 17–21: 15 Feb 1985 —
(Miscellaneous 1984 (s 2(1) and gaz 1985, No
Amendments) Act 1984 S38)
Statute Law 72, 1984 25 June Sch: 23 July 1984 —
Provisions) Act (No. 1)
1984

Endnotes

and year saving and
transitional
provisions
Taxation Laws 123, 1984 19 Oct s 171–175: 14 Dec 1984 —

Migration Amendment 71, 1986 24 June 20 Aug 1986 (s 2 and —
Act 1986 1986 gaz 1986, No S401)
Intelligence and Security 102, 1986 17 Oct s 20–23: 1 Feb 1987 (s 2 —
(Consequential 1986 and gaz 1987, No S13)
Statute Law 168, 1986 18 Dec s 5(1), (2) and Sch 1: 18 s 5(1) and (2)
(Miscellaneous 1986 Dec 1986 (s 2(1))
Provisions) Act (No. 2) Sch 1 (amdt to s 5A
1986 Migration Act 1958):
11 May 1987 (s 2(8) and
gaz 1987, No S78)
Mutual Assistance in 86, 1987 5 June 1987 Sch: 1 Aug 1988 (s 2(2) —
Criminal Matters and gaz 1988, No S225)
(Consequential
Sea Installations 104, 1987 6 Nov 1987 s 31–40: 6 Nov 1987 —
(Miscellaneous (s 2(2))
Migration Amendment 133, 1987 16 Dec s 3–5: 16 Sept 1987 —
Act 1987 1987 (s 2(2))
s 6, 7 and 9(a), (b): 1 Jan
1988 (s 2(3))
Remainder: 16 Dec 1987
(s 2(1))
Statute Law 141, 1987 18 Dec Sch 1 (amdt to s 67(1)(c) s 5(1), (13) and
(Miscellaneous 1987 Migration Act 1958): 1 (14)
Provisions) Act 1987 Jan 1988 (s 2(1) and gaz
1988, No S348)
s 5(1), (13), (14) and Sch
1: 18 Dec 1987 (s 2(1))

Endnotes

and year saving and
transitional
provisions
Extradition (Repeal and 5, 1988 9 Mar 1988 Sch: 1 Dec 1988 (s 2(2) —
Consequential and gaz 1988, No S366)
Provisions) Act 1988
Statute Law 38, 1988 3 June 1988 s 5(1): 3 June 1988 s 5(1)
(Miscellaneous (s 2(1))
Provisions) Act 1988 Sch 1: 3 Nov 1987
(s 2(6))
Migration Amendment 49, 1988 15 June 1 July 1988 (s 2) —
Act 1988 1988
Migration Amendment 151, 1988 26 Dec s 1, 2, 3(1) and 11: 26 —
Act (No. 2) 1988 1988 Dec 1988 (s 2(1))
Remainder: 1 July 1989
(s 2(2) and gaz 1989, No
S221)
Migration Legislation 59, 1989 19 June s 3–26, 28–34: 19 Dec s 6(2)–(5), 12(2),
Amendment Act 1989 1989 1989 (s 2(5)) (3) and 16(2)
s 27: 1 July 1989 (s 2(3)
and gaz 1989, No S218)
s 35: 20 Dec 1989
(s 2(6))
as amended by
Migration Legislation 159, 1989 18 Dec Sch 1: 19 Dec 1989 —
Amendment 1989 (s 2(1))
(Consequential
Amendments) Act
1989
Migration Legislation 180, 1989 28 Dec 19 Dec 1989 (s 2) —
Amendment Act 1989
(No. 2) 1989
Migration Amendment 61, 1989 19 June 1 July 1989 (s 2) —
Act 1989 1989

Endnotes

and year saving and
transitional
provisions
Petroleum 37, 1990 7 June 1990 s 17–19: 18 Feb 1991 —

(Australia-Indonesia (s 2)
Zone of Cooperation)
(Consequential
Social Security 70, 1991 25 June Sch 3: 1 July 1991 (s 2) —
(Rewrite) Transition Act 1991
1991
Migration Amendment 86, 1991 26 June s 3(a), (b), (e), 5–7, 8(e), s 27
Act 1991 1991 (h), (i), 9–14, 20 and
23(b): 26 Dec 1991
(s 2(3))
Remainder: 26 June
1991 (s 2(1))
Migration Amendment 196, 1991 18 Dec 15 Jan 1992 s 10
Act (No. 2) 1991 1991
as amended by
Migration Laws 175, 1992 16 Dec s 9 and 10: 15 Jan 1992 —
Migration Amendment 198, 1991 18 Dec 18 Dec 1991 (s 2) —
Act (No. 3) 1991 1991
Migration Amendment 24, 1992 6 May 1992 s 1–3 and 7: 6 May 1992 s8
Act 1992 (s 2(1))
s 4 and 6: 3 June 1992
(s 2(2))
(s 2(4))
Migration Amendment 84, 1992 30 June 30 June 1992 (s 2) s 16 and 17
Act (No. 2) 1992 1992
Migration Amendment 85, 1992 30 June 21 Sept 1992 (s 2(1) and s5
Act (No. 3) 1992 1992 gaz 1992, No S262)
Migration Laws 175, 1992 16 Dec s 1–8: 16 Dec 1992 —

Endnotes

and year saving and
transitional
provisions
Migration Laws 176, 1992 16 Dec s 8–11: 1 Mar 1993 s 15(2) and 16
Amendment Act (No. 2) 1992 (s 2(2))
1992 s 12–16: 16 Dec 1992
(s 2(3))
Migration Reform Act 184, 1992 7 Dec 1992 s 1, 2 and 31: 7 Dec s 39–42
1992 1992 (s 2(1))
s 4(e), (f), 6, 21, 22 and
32: 1 July 1993 (s 2(2),
(2A))
Remainder: 1 Sept 1994
(s 2(3))
as amended by
Migration Laws 59, 1993 28 Oct s 3–5: 28 Oct 1993 s 4 and 9
s 6–8, 11: 1 July 1994
(s 2(2)(a))
s 9, 10: 1 July 1993
(s 2(3)(a))
Migration Legislation 60, 1994 9 Apr 1994 s 84: 7 Dec 1992 (s 2(2)) —
Amendment Act 1994
Statute Law Revision 43, 1996 25 Oct Sch 3 (items 42, 43): 7 —
Act 1996 1996 Dec 1992 (s 2(3))
Migration Legislation 113, 1998 11 Dec Sch 8 (item 2): 7 Dec —
(No. 1) 1998
Migration (Offences and 213, 1992 24 Dec s 4(2), 6 and 7: 1 Sept —
Undesirable Persons) 1992 1994 (s 2(2))
Amendment Act 1992 Remainder: 24 Dec 1992
(s 2(1))
as amended by
Migration Laws 59, 1993 28 Oct s 39–41: 28 Oct 1993 s 40

Endnotes

and year saving and
transitional
provisions
International Labour 220, 1992 24 Dec s 4–8: 24 Dec 1992 (s 2) —

Organisation 1992
(Compliance with
Conventions) Act 1992
Migration Amendment 235, 1992 24 Dec 24 Dec 1992 (s 2) —
Act (No. 4) 1992 1992
Migration Laws 59, 1993 28 Oct s 12, 21–23, 25, 26, 33 s 13, 21, 27, 29,
Amendment Act 1993 1993 and 35: 1 July 1993 31 and 33
(s 2(3)(b)–(f))
s 13, 18, 20, 24, 27–32,
34: 28 Oct 1993 (s 2(1))
s 14–17 and 19: 1 Sept
1994 (s 2(2)(c), (d))
Migration Amendment 14, 1994 19 Jan 1994 19 Jan 1994 (s 2) s 3 and 14–16
(“Points” System) Act
1993
Maritime Legislation 20, 1994 15 Feb Sch 1: 1 Aug 1994 —
Amendment Act 1994 1994 (s 2(1) and 1994, No
S289)
Migration Legislation 60, 1994 9 Apr 1994 s 3–83 and Sch 1: 1 Sept —
as amended by
Statute Law Revision 43, 1996 25 Oct Sch 3 (item 41): 9 Apr —
Act 1996 1996 1994 (s 2(3))
Migration Legislation 136, 1994 15 Nov 15 Nov 1994 (s 2) Sch (item 3)
Amendment Act (No. 4) 1994
1994
Migration Legislation 1, 1995 17 Feb 17 Feb 1995 (s 2) s4
1995

Endnotes

and year saving and
transitional
provisions
International War 19, 1995 29 Mar Sch 1: 28 Aug 1995 —

Crimes Tribunals 1995 (s 2(2) and gaz 1995, No
(Consequential S323)
as amended by
Statute Law Revision 43, 1996 25 Oct Sch 3 (items 35, 36): 29 —
Act 1996 1996 Mar 1995 (s 2(3))
Customs, Excise and 85, 1995 1 July 1995 Sch 10 (item 4): 1 July —
Bounty Legislation 1995 (s 2(5))
Amendment Act 1995
Migration Legislation 100, 1995 15 Sept Sch 1 (items 2–4, 6, 7, Sch 1 (item 17)
Amendment Act (No. 5) 1995 11, 12, 17): 1 Sept 1994
1995 (s 2(2), (3))
Sch 1 (items 5, 8–10,
13–16): 15 Sept 1995
(s 2(1))
as amended by
Migration Legislation 113, 1998 11 Dec Sch 8 (items 3–5): 15 —
Amendment Act 1998 Sept 1995 (s 2(6)–(8))
(No. 1) 1998
Migration Legislation 102, 1995 18 Sept s 1(2), 5, 8 and 9: 1 Nov s 3, 4, 10–12 and
Amendment Act (No. 6) 1995 1989 (s 2(2)) 18
1995 s 1(1), 2–4 and 10–12:
1 Sept 1994 (s 2(1)
s 6 and 7: 24 Dec 1992
(s 2(3))
s 13–18: 18 Sept 1995
(s 2(4))
as amended by
Migration Legislation 100, 1995 15 Sept Sch 1 (items 20, 21): 15 —
Amendment Act 1995 Sept 1995 (s 2(1))
(No. 5) 1995

Endnotes

and year saving and
transitional
provisions
Migration Legislation 110, 1995 29 Sept s 5–8 and Sch 1: 29 Sept s 5–8
Amendment Act (No. 1) 1995 1995 (s 2(1))
1995
Family Law Reform 140, 1995 12 Dec Sch 1 (item 49): 11 June —
(Consequential 1995 1996 (s 2(2))
Law and Justice 175, 1995 16 Dec Sch 1 (item 61): 16 Dec —
Legislation Amendment 1995 1995 (s 2(2))
Act (No. 1) 1995
Migration Legislation 25, 1996 28 June 28 June 1996 (s 2) —
1996
Statute Law Revision 43, 1996 25 Oct Sch 5 (item 86): 25 Oct —
Act 1996 1996 1996 (s 2(1))
Migration Legislation 27, 1997 10 Apr Sch 1 (items 20–27, 29, Sch 1 (items 29,
Amendment Act (No. 1) 1997 30): 1 May 1997 (s 2(1) 30)
1997 and 1997, No S168)
Sch 2, Sch 3 and Sch 4
(items 6, 7): 10 Apr 1997
(s 2(3))
Migration Legislation 92, 1997 30 June 30 June 1997 (s 2) —
1997
Environment, Sport and 118, 1997 7 July 1997 Sch 1 (item 48): 7 July —
Territories Legislation 1997 (s 2(1))
Amendment Act 1997
Foreign Affairs and 150, 1997 17 Oct Sch 2 (items 8, 9): 17 —
Trade Legislation 1997 Oct 1997 (s 2(1))
Amendment Act 1997

Endnotes

and year saving and
transitional
provisions
Migration Legislation 205, 1997 17 Dec Sch 1 (items 1–66, 69– Sch 1 (items 67–
Amendment (Migration 1997 81): 21 Mar 1998 81) and Sch 3
Agents) Act 1997 (s 2(1)) (items 18–20)
Sch 1 (items 67, 68): 17
Dec 1997 (s 2(1))
Sch 1 (item 82): 5 Dec
1999 (s 2(3))
Sch 3 (items 1–6): 21
Jan 1999 (s 2(4))
Sch 3 (item 7): 21 Feb
1999 (s 2(5))
Sch 3 (items 8–20): 21
Mar 1999 (s 2(6))
as amended by
Public Employment 146, 1999 11 Nov Sch 1 (items 615, 616): 5 —
(Consequential and 1999 Dec 1999 (s 2(1), (2))
Transitional)
Amendment Act 1999
Migration Legislation 113, 1998 11 Dec Sch 1, Sch 2 (items 1–9) Sch 1 (items 40–
Amendment Act (No. 1) 1998 and Sch 3: 1 June 1999 44), Sch 2
1998 (s 2(2) and gaz 1999, No (item 10), Sch 3
S51) (items 20, 21) and
Sch 2 (item 10): 5 Feb Sch 5 (item 2)
1999 (s 2(2) and gaz
1999, No S51)
Sch 4–6: 1 Mar 1999
(s 2(2) and gaz 1999, No
S51)

Endnotes

and year saving and
transitional
provisions
as amended by
Migration Legislation 58, 2001 28 June Sch 4 (item 3): 1 June —
Amendment 2001 1999 (s 2(6))
(Electronic
Transactions and
Methods of
Notification) Act
2001
Migration Legislation 129, 2001 27 Sept Sch 2 (items 8, 9): —
Amendment Act 2001 1 June 1999 (s 2(5))
(No. 1) 2001
Migration Legislation 114, 1998 11 Dec 1 June 1999 (s 2(1) and Sch 1 (items 28–
Amendment 1998 gaz 1999, No GN6) 34)
(Strengthening of
Provisions relating to
Character and Conduct)
Act 1998
as amended by
Migration Legislation 129, 2001 27 Sept Sch 2 (item 4): 1 June —
(No. 1) 2001
Migration Legislation 34, 1999 20 May Sch 1 (item 11): 1 June s 4 and 5
Amendment (Temporary 1999 1999 (s 2(2))
Safe Haven Visas) Act Remainder: 20 May
1999 1999 (s 2(1))
Migration Legislation 89, 1999 16 July Sch 1 (items 1, 2, 4, 10) Sch 3
Amendment Act (No. 1) 1999 and Sch 3: 3 Dec 1998
1999 (s 2(2))
Sch 1 (item 3): never
commenced (s 2(3))
Sch 1 (items 5–9, 11,
12): 22 July 1999 (s 2(4)
and gaz 1999, No S337)

Endnotes

and year saving and
transitional
provisions
Public Employment 146, 1999 11 Nov Sch 1 (items 607–614): 5 —

(Consequential and 1999 Dec 1999 (s 2(1), (2))
Transitional)
Amendment Act 1999
Border Protection 160, 1999 8 Dec 1999 Sch 1 (items 1–29, 33– Sch 1 (items 13,
Legislation Amendment 63, 65–70): 16 Dec 1999 63, 70)
Act 1999 (s 2(6) and gaz 1999, No
S624)
Sch 1 (items 30–32):
11 Dec 2001 (s 2(2))
Sch 1 (item 64): 1 Sept
1994 (s 2(3))
Australian Security 161, 1999 10 Dec Sch 3 (items 1, 40–43): —
Intelligence Organisation 1999 10 Dec 1999 (s 2(2))
Legislation Amendment
Act 1999
Migration Legislation 175, 1999 22 Dec Sch 2: 1 Mar 2000 Sch 2 (items 7, 8)
Amendment (Migration 1999 (s 2(2) and gaz 2000, No
Agents) Act 1999 GN7)
(s 2(1))
as amended by
Migration Legislation 129, 2001 27 Sept Sch 2 (item 10): 1 Mar —
(No. 1) 2001
Australian Federal 9, 2000 7 Mar 2000 Sch 2 (item 35) and Sch Sch 3 (items 20,
Police Legislation 3 (items 20, 27, 34, 35): 27, 34, 35)
Amendment Act 2000 2 July 2000 (s 2(1) and
gaz 2000, No S328)

Endnotes

and year saving and
transitional
provisions
Timor Gap Treaty 25, 2000 3 Apr 2000 s 4–6 and Sch 2 s 4–6
(Transitional (item 36): 1:23 am
Arrangements) Act 2000 (Australian Central
Standard Time) 26 Oct
1999 (s 2(2), 4)
Migration Legislation 28, 2000 3 Apr 2000 Sch 1–4, Sch 5 (items 1– Sch 1 (item 2),
Amendment Act (No. 1) 4) and Sch 6–8: 28 Apr Sch 2 (item 4),
2000 2000 (s 2(2), (5) and gaz Sch 3 (item 3) and
2000, No S216) Sch 9 (items 6–9)
never commenced
(s 2(7))
Sch 9: 1 June 1999
(s 2(11))
Remainder: 3 Apr 2000
(s 2(1))
Criminal Code 137, 2000 24 Nov Sch 2 (items 276–284, Sch 2 (items 418,
Amendment (Theft, 2000 418, 419): 24 May 2001 419)
Fraud, Bribery and (s 2(3))
Related Offences) Act
2000
as amended by
Statute Law Revision 9, 2006 23 Mar Sch 2 (item 16): 24 May —
Act 2006 2006 2001 (s 2(1) item 31)
Education Services for 166, 2000 21 Dec Sch 3: 4 June 2001 —
Overseas Students 2000 (s 2(4)) and gaz 2001,
(Consequential and No S175)
Transitional) Act 2000

Endnotes

and year saving and
transitional
provisions
Migration Legislation 168, 2000 21 Dec Sch 1: 4 June 2001 Sch 3 (item 7) and
Amendment (Overseas 2000 (s 2(2) and gaz 2001, No Sch 4 (items 3, 4)
Students) Act 2000 GN19)
Sch 2 and Sch 3: 1 Mar
2001 (s 2(2) and gaz
2001, No GN8)
(s 2(3))
Migration Legislation 33, 2001 28 Apr Sch 1 (item 4): never s4
Amendment (Integrity of 2001 commenced (s 2(3)(b))
Regional Migration Remainder: 1 July 2001
Schemes) Act 2001 (s 2(1) and gaz 2001, No
GN22)
Migration Legislation 58, 2001 28 June Sch 1 (items 16–20), Sch Sch 1 (item 20)
Amendment (Electronic 2001 2 (items 3–9) and Sch 3:
Transactions and 10 Aug 2001 (s 2(1) and
Methods of Notification) gaz 2001, No GN31)
Act 2001 Sch 4 (item 1): 28 Apr
2000 (s 2(4))
Sch 4 (item 2): 1 Mar
2001 (s 2(5))
Migration Legislation 85, 2001 18 July Sch 1 (item 5): 19 Sept —
Amendment 2001 2001 (s 2(4)(b))
(Immigration Detainees) Remainder: 27 July 2001
Act 2001 (s 2(1) and gaz 2001, No
S307)
Migration Legislation 97, 2001 22 Aug Sch 1 (items 1–97, 99): —
Amendment 2001 19 Sept 2001 (s 2(1)(a))
(Application of Criminal Sch 1 (item 98): never
Code) Act 2001 commenced (s 2(2))

Endnotes

and year saving and
transitional
provisions
Migration Legislation 105, 2001 17 Sept s 1 and 2: 17 Sept 2001 —

Amendment 2001 (s 2(1))
(Immigration Detainees) Remainder: 28 Sept
Act (No. 2) 2001 2001 (s 2(2) and gaz
2001, No S403)
Border Protection 126, 2001 27 Sept s 4–9 and Sch 2: 27 Sept s 4–9
(Validation and 2001 2001 (s 2)
Enforcement Powers)
Act 2001
Migration Amendment 127, 2001 27 Sept 27 Sept 2001 (s 2) s4
(Excision from 2001
Migration Zone) Act
2001
Migration Amendment 128, 2001 27 Sept s 4 and Sch 1: 27 Sept s4
(Excision from 2001 2001 (s 2)
Migration Zone)
(Consequential
Migration Legislation 129, 2001 27 Sept Sch 1 (items 1–5) and Sch 1 (items 5, 7–
Amendment Act (No. 1) 2001 Sch 2 (items 1–3): 27 10) and Sch 2
2001 Sept 2001 (s 2(1)) (item 7)
Sch 1 (items 6–11) and
Sch 2 (items 5–7): 1 Oct
2001 (s 2(2) and gaz
2001, No S406)
Sch 2 (item 7A): 16 Dec
1999 (s 2(4A))

Endnotes

and year saving and
transitional
provisions
as amended by
Migration and 141, 2005 12 Dec Sch 4 (item 19): 12 Dec —
Ombudsman 2005 2005 (s 2(1) item 9)
Legislation
Amendment Act 2005
Migration Legislation 130, 2001 27 Sept 21 Dec 2001 (s 2) —
2001
Migration Legislation 131, 2001 27 Sept 1 Oct 2001 (s 2(2) and Sch 1 (items 7–
Amendment Act (No. 6) 2001 gaz 2001, No S406) 10)
2001
Migration Legislation 134, 2001 27 Sept Sch 1 (items 2–8): 2 Oct Sch 1 (item 8)
Amendment (Judicial 2001 2001 (s 2(2) and gaz
Review) Act 2001 2001, No S406)
Jurisdiction of the 157, 2001 1 Oct 2001 Sch 1 (items 1–25, 28– Sch 1 (item 30),
Federal Magistrates 30), Sch 4 and Sch 5: Sch 3 (item 18),
Service Legislation 1 Oct 2001 (s 2(1), Sch 4 (items 9,
Amendment Act 2001 (6)(a), (7), (8)) 10) and Sch 5
Sch 1 (items 26, 27): (item 2)
never commenced
(s 2(3))
Sch 3: 2 Oct 2001
(s 2(4)(b))
Migration Legislation 10, 2002 4 Apr 2002 Sch 1: 12 Apr 2002 —
Amendment (s 2(1) item 2 and gaz
(Transitional Movement) 2002, No S105)
Act 2002 Remainder: 4 Apr 2002
(s 2(1) item 1)

Endnotes

and year saving and
transitional
provisions
Migration Legislation 35, 2002 26 June Sch 1 (items 3, 5, 9–17): Sch 1 (items 8,
Amendment (Migration 2002 1 Nov 2002 (s 2(1) 17)
Agents) Act 2002 items 3, 5, 7 and gaz
2002, No GN38)
Remainder: 26 June
2002 (s 2(1) items 1, 2,
4, 6)
International Criminal 42, 2002 27 June Sch 4: 26 Sept 2002 —
Court (Consequential 2002 (s 2(1) (item 2) and gaz
Amendments) Act 2002 2002, No GN38)
Migration Legislation 60, 2002 3 July 2002 4 July 2002 (s 2) Sch 1 (items 7, 8)
Amendment (Procedural
Fairness) Act 2002
Border Security 64, 2002 5 July 2002 Sch 6 (item 9): 5 Jan —
Legislation Amendment 2003 (s 2(1) item 7)
Act 2002
Security Legislation 65, 2002 5 July 2002 Sch 1 (items 14–18): Sch 1 (item 18)
Amendment (Terrorism) 6 July 2002 (s 2(1)
Act 2002 item 8)
Migration Legislation 3, 2003 24 Feb 24 Feb 2003 (s 2) —
Amendment (Migration 2003
Advice Industry) Act
2003
Migration Legislation 5, 2003 19 Mar Sch 1: 20 Mar 2003 —
Amendment 2003 (s 2(1) item 2)
(Contributory Parents
Migration Scheme) Act
2003
Petroleum (Timor Sea 10, 2003 2 Apr 2003 Sch 1 (items 54–56): —
Treaty) (Consequential 20 May 2002 (s 2(1)
Amendments) Act 2003 item 4)

Endnotes

and year saving and
transitional
provisions
Crimes Legislation 41, 2003 3 June 2003 Sch 3 (items 14, 42): Sch 3 (item 42)
Enhancement Act 2003 3 June 2003 (s 2(1)
items 1, 15)
Migration Legislation 75, 2003 15 July Sch 1 (items 1–5, 6, 7): Sch 1 (items 7, 8)
Amendment (Protected 2003 15 July 2003 (s 2(1)
Information) Act 2003 items 2, 4, 6)
Sch 1 (items 5A–5D, 6A,
8): 16 July 2003 (s 2(1)
items 3, 5, 7)
Migration Amendment 90, 2003 23 Sept Sch 1: 24 Sept 2003 Sch 1 (item 2)
(Duration of Detention) 2003 (s 2(1) item 2)
Act 2003 Remainder: 23 Sept
2003 (s 2(1) item 1)
Migration Legislation 99, 2003 14 Oct 14 Oct 2003 (s 2) Sch 2 (item 2)
Amendment 2003
(Sponsorship Measures)
Act 2003
Family and Community 122, 2003 5 Dec 2003 Sch 3 (item 2): 1 July —
Services and Veterans’ 2004 (s 2(1) item 3)
Affairs Legislation
Amendment (2003
Budget and Other
Measures) Act 2003
Migration Legislation 2, 2004 27 Feb Sch 1: 27 Aug 2004 Sch 1 (item 35)
Amendment 2004 (s 2(1) item 2)
(Identification and Remainder: 27 Feb 2004
Authentication) Act (s 2(1) item 1)
2004
Customs Legislation 25, 2004 25 Mar Sch 2 (items 33, 35, 36): —
Amendment 2004 25 Mar 2004 (s 2(1)
(Application of items 21, 23, 24)
International Trade Sch 2 (item 34): never
Modernisation and Other commenced (s 2(1)
Measures) Act 2004 item 22)

Endnotes

and year saving and
transitional
provisions
Migration Legislation 48, 2004 21 Apr Sch 1: 1 July 2004 Sch 1 (items 172–
Amendment (Migration 2004 (s 2(1) item 2 and gaz 191)
Agents Integrity 2004, No GN23)
Measures) Act 2004 Remainder: 21 Apr 2004
(s 2(1) item 1)
Australian Federal 64, 2004 22 June Sch 2 (item 9): 1 July —
Police and Other 2004 2004 (s 2(1) item 11)
Act 2004
Australian Passports 7, 2005 18 Feb s 4–11 and Sch 1 —
(Transitionals and 2005 (item 7): 1 July 2005 (s
Consequentials) Act 2(1) items 2, 3)
2005
Administrative Appeals 38, 2005 1 Apr 2005 Sch 1 (item 226): —
Tribunal Amendment 16 May 2005 (s 2(1)
Act 2005 item 6)
Migration Amendment 79, 2005 29 June Sch 1 (item 17): 1 Dec Sch 1 (items 20,
(Detention 2005 2005 (s 2(1) item 3) 21)
Arrangements) Act 2005 Remainder: 29 June
2005 (s 2(1) items 1, 2,
4, 5)
Fisheries Legislation 99, 2005 6 July 2005 Sch 1 (item 59): never —
Amendment commenced (s 2(1)
(International item 10)
Obligations and Other
Matters) Act 2005
Border Protection 103, 2005 23 Aug Sch 2 (items 1–9): 24 Sch 2 (items 9,
Legislation Amendment 2005 Aug 2005 (s 2(1) item 7) 12)
(Deterrence of Illegal Sch 2 (items 10–12): 30
Foreign Fishing) Act Nov 2005 (s 2(1) item 8)
2005

Endnotes

and year saving and
transitional
provisions
Migration Litigation 137, 2005 15 Nov Sch 1 (items 11–42, 46– Sch 1 (items 40–
Reform Act 2005 2005 48): 1 Dec 2005 (s 2(1) 42, 46–48)
item 2)
Migration and 141, 2005 12 Dec Sch 1, Sch 2 (item 27) Sch 1 (item 5) and
Ombudsman Legislation 2005 and Sch 4 (items 1–18, Sch 4 (item 20)
Amendment Act 2005 20): 12 Dec 2005 (s 2(1)
items 2, 5, 9)
commenced (s 2(1)
item 4)
Sch 3: 13 Dec 2005
(s 2(1) item 8)
Anti-Terrorism Act 144, 2005 14 Dec Sch 7 (items 13, 14): 11 —
(No. 2) 2005 2005 Jan 2006 (s 2(1) item 7)
Sch 10 (items 31, 32): 14
Dec 2005 (s 2(1)
item 22)
Offshore Petroleum 17, 2006 29 Mar Sch 2 (items 46, 47): —
(Repeals and 2006 1 July 2008 (s 2(1)
Consequential item 2)
Postal Industry 25, 2006 6 Apr 2006 Sch 1 (item 15): 6 Oct —
Ombudsman Act 2006 2006 (s 2(1) item 2)
as amended by
Migration and 141, 2005 12 Dec Sch 2 (item 32): 6 Oct —
Ombudsman 2005 2006 (s 2(1) item 7)
Legislation
Amendment Act 2005
Family Law Amendment 46, 2006 22 May Sch 8 (item 102): 1 July —
(Shared Parental 2006 2006 (s 2(1) item 9)
Responsibility) Act 2006

Endnotes

and year saving and
transitional
provisions
Education Services for 144, 2006 6 Dec 2006 Sch 2 (item 7): 1 July —
Overseas Students 2007 (s 2(1) item 4)
(2006 Measures No. 2)
Act 2006
Defence Legislation 159, 2006 11 Dec Sch 1 (items 253, 254): —
Amendment Act 2006 2006 1 Oct 2007 (s 2(1)
item 2)
Environment and 165, 2006 12 Dec Sch 1 (items 854–869): —
Heritage Legislation 2006 19 Feb 2007 (s 2(1)
Amendment Act (No. 1) item 15)
2006
Migration Amendment 7, 2007 19 Feb Sch 1 and Sch 2 Sch 1 (item 2) and
(Employer Sanctions) 2007 (items 2–5): 19 Aug Sch 2 (item 5)
Act 2007 2007 (s 2(1) item 2)
Statute Law Revision 8, 2007 15 Mar Sch 4 (items 18, 19): 15 —
Act 2007 2007 Mar 2007 (s 2(1)
item 44)
Australian Citizenship 21, 2007 15 Mar Sch 1 (item 39): 1 July Sch 3 (item 22)
(Transitionals and 2007 2007 (s 2(1) item 2)
Consequentials) Act
2007
as amended by
Migration Legislation 63, 2007 15 Apr Sch 1 (items 66, 67): —
Amendment 2007 1 July 2007 (s 2(1)
(Information and item 4)
Other Measures) Act
2007
Migration Amendment 62, 2007 15 Apr Sch 1–3: 1 July 2007 Sch 1 (item 4) and
(Border Integrity) Act 2007 (s 2(1) items 2, 3) Sch 2 (items 35,
2007 Remainder: 15 Apr 2007 36)
(s 2(1) item 1)

Endnotes

and year saving and
transitional
provisions
Migration Legislation 63, 2007 15 Apr Sch 1 (items 31–44, 61– Sch 1 (items 61,
Amendment 2007 65, 71, 72) and Sch 2: 64, 65, 71, 72)
(Information and Other 1 May 2007 (s 2(1) and Sch 2 (item 2)
Measures) Act 2007 items 2, 3, 8, 9)
Sch 1 (items 68, 70):
1 July 2007 (s 2(1)
items 5, 7)
commenced (s 2(1)
item 6)
Sch 3: 15 Apr 2007
(s 2(1) item 10)
Education Services for 70, 2007 28 May Sch 1 (items 24–26): Sch 1 (item 26)
Overseas Students 2007 1 July 2007 (s 2(1)
Legislation Amendment item 2)
Act 2007
Migration Amendment 73, 2007 28 May Sch 1 (items 1–16): —
(Maritime Crew) Act 2007 1 July 2007 (s 2(1)
2007 items 2, 3)
commenced (s 2(1)
item 4)
Migration Amendment 87, 2007 21 June 22 June 2007 (s 2) —
(Statutory Agency) Act 2007
2007
Migration Amendment 100, 2007 28 June 29 June 2007 (s 2) Sch 1 (item 33)
(Review Provisions) Act 2007
2007

Endnotes

and year saving and
transitional
provisions
Fisheries Legislation 36, 2008 24 June Sch 3 (items 67–69): —

Amendment (New 2008 24 June 2009 (s 2(1)
Governance item 4)
Arrangements for the Sch 4 (items 7, 8):
Australian Fisheries 22 July 2008 (s 2(1)
Management Authority item 5)
and Other Matters) Act
2008
Statute Law Revision 73, 2008 3 July 2008 Sch 1 (items 32, 33): —
Act 2008 1 Mar 2001 (s 2(1)
item 23)
Migration Legislation 85, 2008 15 Sept Sch 1 and Sch 4 Sch 1 (items 37–
Amendment Act (No. 1) 2008 (items 1–4, 6(1), (2)): 40), Sch 2
2008 27 Oct 2008 (s 2(1) (items 15, 20),
items 2, 6) Sch 3 (items 2, 6,
Sch 2 (items 1–3, 12–15, 20, 23, 25) and
18–20): 15 Feb 2009 Sch 4 (items 6, 7)
(s 2(1) item 2)
Sch 2 (items 10, 11, 16,
16A, 17, 21, 22) and
Sch 3 (items 1–6, 18–
25): 15 Mar 2009 (s 2(1)
items 2, 3)
15 Sept 2008 (s 2(1)
item 4)
Sch 4 (items 5, 6(3), 7):
19 Sept 2008 (s 2(1)
item 6)
Migration Amendment 112, 2008 31 Oct Sch 1: 5 Dec 2008 Sch 1 (item 29)
(Notification Review) 2008 (s 2(1) items 2–10)
Act 2008 Remainder: 31 Oct 2008
(s 2(1) item 1)

Endnotes

and year saving and
transitional
provisions
Offshore Petroleum 117, 2008 21 Nov Sch 3 (items 19, 20): —

Amendment 2008 22 Nov 2008 (s 2(1)
(Greenhouse Gas item 4)
Storage) Act 2008
Same-Sex Relationships 144, 2008 9 Dec 2008 Sch 10 (items 12A, 13– Sch 10 (items 24,
(Equal Treatment in 75): 1 July 2009 (s 2(1) 28, 33, 43, 47, 64,
Commonwealth Laws— item 28) 69)
General Law Reform)
Act 2008
Migration Legislation 159, 2008 18 Dec Sch 1: 14 Sept 2009 Sch 1 (items 44–
Amendment (Worker 2008 (s 2(1) item 2) 51)
Protection) Act 2008
Migration Legislation 10, 2009 25 Feb Sch 1–3: 15 Mar 2009 Sch 1 (item 17),
Amendment Act (No. 1) 2009 (s 2(1) item 2) Sch 2 (item 7) and
2009 Remainder: 25 Feb 2009 Sch 3 (item 2)
(s 2(1) item 1)
Customs Legislation 33, 2009 22 May Sch 2 (item 42): 23 May —
Amendment (Name 2009 2009 (s 2)
Change) Act 2009
Fair Work (State 54, 2009 25 June Sch 12 (item 4): 14 Sept —
Referral and 2009 2009 (s 2(1) item 35)
Consequential and Other
Migration Amendment 69, 2009 8 July 2009 Sch 1: 14 Sept 2009 —
(Protection of (s 2(1) item 2)
Identifying Information) Remainder: 8 July 2009
Act 2009 (s 2(1) item 1)
Disability 70, 2009 8 July 2009 Sch 3 (items 43, 44): —
Discrimination and 5 Aug 2009 (s 2(1)
Other Human Rights item 7)
Act 2009

Endnotes

and year saving and
transitional
provisions
Migration Amendment 85, 2009 18 Sept Sch 1 (items 1–25, 30– Sch 1 (items 8, 25,
(Abolishing Detention 2009 33): 9 Nov 2009 (s 2(1) 33)
Debt) Act 2009 items 2, 4, 5)
never commenced
(s 2(1) item 3)
Remainder: 18 Sept
2009 (s 2(1) item 1)
Military Justice (Interim 91, 2009 22 Sept Sch 1 (items 250, 251): —
Measures) Act (No. 1) 2009 22 Sept 2009 (s 2)
2009
Anti-People Smuggling 50, 2010 31 May Sch 1 (items 7–12): Sch 1 (item 11)
and Other Measures Act 2010 1 June 2010 (s 2)
2010
Freedom of Information 51, 2010 31 May Sch 5 (items 37, 38) and Sch 7
Amendment (Reform) 2010 Sch 7: 1 Nov 2010
Act 2010 (s 2(1) item 7)
Statute Law Revision 5, 2011 22 Mar Sch 7 (items 94, 95): —
Act 2011 2011 19 Apr 2011 (s 2(1)
item 18)
Acts Interpretation 46, 2011 27 June Sch 2 (items 761–767) Sch 3 (items 10,
Amendment Act 2011 2011 and Sch 3 (items 10, 11): 11)
27 Dec 2011 (s 2(1)
items 5, 12)
Migration Amendment 81, 2011 25 July Sch 1 (item 1): 26 July Sch 1 (item 6)
(Strengthening the 2011 2011 (s 2(1) item 2)
Character Test and Other Sch 1 (items 2–6): 26
Provisions) Act 2011 Apr 2011 (s 2(1) item 3)
Remainder: 25 July 2011
(s 2(1) item 1)

Endnotes

and year saving and
transitional
provisions
Migration Amendment 121, 2011 14 Oct Sch 1: 24 Mar 2012 Sch 1 (item 35)
(Complementary 2011 (s 2(1) items 2–6)
Protection) Act 2011 Remainder: 14 Oct 2011
(s 2(1) item 1)
Deterring People 135, 2011 29 Nov Sch 1: 16 Dec 1999 Sch 1 (item 2)
Smuggling Act 2011 2011 (s 2(1) item 2)
(s 2(1) item 1)
Extradition and Mutual 7, 2012 20 Mar Sch 1 (item 13) and Sch 2 (item 36)
Assistance in Criminal 2012 Sch 4 (item 1): 20 Sept
Matters Legislation 2012 (s 2(1) items 2, 11)
Amendment Act 2012 Sch 2 (items 35, 36):
never commenced
(s 2(1) items 4, 5)
Migration Legislation 113, 2012 17 Aug Sch 1: 18 Aug 2012 (s 2) Sch 1 (item 36)
Amendment (Regional 2012
Processing and Other
Measures) Act 2012
Migration (Visa 125, 2012 12 Sept Sch 1: 24 Nov 2012 —
Evidence) Charge 2012 (s 2(1) item 2)
(Consequential Remainder: 12 Sept
Amendments) Act 2012 2012 (s 2(1) item 1)
Migration Legislation 192, 2012 12 Dec Sch 1 (items 6, 7): 13 —
Amendment (Student 2012 Apr 2013 (s 2(1) item 2)
Visas) Act 2012
Privacy Amendment 197, 2012 12 Dec Sch 5 (items 52–55): —
(Enhancing Privacy 2012 12 Mar 2014 (s 2(1)
Protection) Act 2012 item 3)
Crimes Legislation 6, 2013 7 Mar 2013 Sch 2 (items 3–13) and Sch 3
Amendment (Slavery, Sch 3: 8 Mar 2013 (s 2)
Slavery-like Conditions
and People Trafficking)
Act 2013

Endnotes

and year saving and
transitional
provisions
Migration Amendment 10, 2013 14 Mar Sch 1: 1 June 2013 Sch 1 (items 30–
(Reform of Employer 2013 (s 2(1) item 2) 33)
Sanctions) Act 2013 Remainder: 14 Mar 2013
(s 2(1) item 1)
Federal Circuit Court of 13, 2013 14 Mar Sch 1 (items 331–350) Sch 3 (item 98)
Australia (Consequential 2013 and Sch 2 (item 1): 12
Amendments) Act 2013 Apr 2013 (s 2(1) items 2,
3)
Sch 3 (items 97, 98):
1 June 2013 (s 2(1)
item 20)
Maritime Powers 16, 2013 27 Mar Sch 4: 27 Mar 2014 —
(Consequential 2013 (s 2(1) item 2)
Migration Amendment 35, 2013 20 May Sch 1 (items 1–14, 17– Sch 1 (items 59–
(Unauthorised Maritime 2013 62): 1 June 2013 (s 2(1) 62)
Arrivals and Other items 2, 4)
Measures) Act 2013 Sch 1 (items 15, 16):
21 May 2013 (s 2(1)
item 3)
Sch 2: 27 Mar 2014
(s 2(1) item 5)
Remainder: 20 May
2013 (s 2(1) item 1)
Crimes Legislation 74, 2013 28 June Sch 3 (items 3–5): Sch 3 (items 5,
Amendment (Law 2013 29 June 2013 (s 2(1) 10)
Enforcement Integrity, item 3)
Vulnerable Witness Sch 3 (items 6–10):
Protection and Other 27 Mar 2014 (s 2(1)
Measures) Act 2013 item 4)

Endnotes

and year saving and
transitional
provisions
Sex Discrimination 98, 2013 28 June Sch 1 (items 62, 63): —

Amendment (Sexual 2013 1 Aug 2013 (s 2(1)
Orientation, Gender item 2)
Identity and Intersex
Status) Act 2013
Migration Amendment 117, 2013 29 June Sch 1: 29 June 2014 Sch 1 (item 10)
(Offshore Resources 2013 (s 2(1) item 2)
Activity) Act 2013 Remainder: 29 June
2013 (s 2(1) item 1)
Migration Amendment 122, 2013 29 June Sch 1, 4 and 6: 30 June Sch 2 (items 4–6),
(Temporary Sponsored 2013 2013 (s 2(1) items 2, 4, Sch 4 (item 7),
Visas) Act 2013 7) Sch 5 (items 5,
Sch 2 (items 1, 2, 4–6): 12) and Sch 6
23 Nov 2013 (s 2(1) (item 19)
item 3)
29 June 2013 (s 2(1)
item 5)
1 Oct 2014 (s 2(1)
item 6)
as amended by
Statute Law Revision 67, 2016 20 Oct Sch 2 (item 3): 29 June —
(Spring 2016) Act 2016 2013 (s 2(1) item 5)
2016
Migration Amendment 30, 2014 27 May Sch 1, Sch 2 (items 1–3, Sch 1 (item 30),
Act 2014 2014 5) and Sch 3 (items 1, 2, Sch 2 (item 5) and
4, 6, 7): 28 May 2014 (s Sch 3 (item 7)
2(1) items 2–4, 6–8, 10,
12)
Sch 2 (item 4) and Sch 3
(items 3, 5): never
commenced (s 2(1)
items 5, 9, 11)

Endnotes

and year saving and
transitional
provisions
Statute Law Revision 31, 2014 27 May Sch 1 (items 49, 50), —
Act (No. 1) 2014 2014 Sch 4 (items 27–47) and
24 June 2014 (s 2(1)
items 2, 9)
Migration Legislation 106, 2014 24 Sept Sch 1–4, Sch 5 (items 2, Sch 1 (items 6, 7),
Amendment Act (No 1) 2014 3) and Sch 6 (item 4): Sch 2 (item 3),
2014 25 Sept 2014 (s 2(1) Sch 3 (items 4, 5),
items 2, 4) Sch 4 (item 17),
Sch 6 (items 1–3): 1 Jan Sch 5 (item 3) and
2015 (s 2(1) item 3) Sch 6 (item 3)
Counter-Terrorism 116, 2014 3 Nov 2014 Sch 4 (items 1–5), Sch 5 Sch 4 (item 5),
Legislation Amendment and Sch 7 (items 1–4, 6): Sch 5 (item 61),
(Foreign Fighters) Act 4 Nov 2014 (s 2(1) Sch 6 (item 18)
2014 items 3, 5, 6, 8) and Sch 7 (item 6)
1 July 2015 (s 2(1)
item 4)
Sch 7 (item 5): 18 Apr
2015 (s 2(1) item 7)
as amended by
Migration 35, 2015 13 Apr Sch 5 (item 1): 14 Apr —
Amendment 2015 2015 (s 2(1) item 11)
(Protection and Other
Measures) Act 2015
Statute Law Revision 145, 2015 12 Nov Sch 2 (item 4): 3 Nov —
Act (No. 2) 2015 2015 2014 (s 2(1) item 4)
Migration Amendment 129, 2014 10 Dec Sch 1 and 2: 11 Dec Sch 1 (items 29–
(Character and General 2014 2014 (s 2(1) items 2–5) 32) and Sch 2
Visa Cancellation) Act (items 22, 23)
2014

Endnotes

and year saving and
transitional
provisions
Migration and Maritime 135, 2014 15 Dec Sch 1 (items 36–38), Sch 2 (item 19,
Powers Legislation 2014 Sch 2 (items 1–12, 19– 21, 25), Sch 3
Amendment (Resolving 25), Sch 2A, Sch 3 (item 8), Sch 4
the Asylum Legacy (items 1–8), Sch 5 (items 27, 28),
Caseload) Act 2014 (items 1, 2, 18–22, 27– Sch 5 (items 27–
29), Sch 6 and Sch 7: 29), Sch 6
16 Dec 2014 (s 2(1) (items 10–15) and
items 2, 3, 5, 6, 9A, 10, Sch 7 (items 16,
12, 15, 16, 21–23) 17)
Sch 2 (items 13–18A,
18F), Sch 4 and Sch 5
(items 4–17): 18 Apr
2015 (s 2(1) items 4, 4A,
11, 14)
Sch 5 (items 3, 23–26):
never commenced
(s 2(1) item 13, 17–20)
as amended by
Migration 35, 2015 13 Apr Sch 5 (items 2, 3): —
Amendment 2015 14 Apr 2015 (s 2(1)
(Protection and Other item 11)
Measures) Act 2015
Statute Law 74, 2023 20 Sept Sch 6 (item 3): 18 Oct —
Amendment 2023 2023 (s 2(1) item 3)
(Prescribed Forms and
Other Updates) Act
2023
Statute Law Revision 5, 2015 25 Feb Sch 3 (items 117–121): —
Act (No. 1) 2015 2015 25 Mar 2015 (s 2(1)
item 10)

Endnotes

and year saving and
transitional
provisions
Migration Amendment 35, 2015 13 Apr Sch 1 (items 1, 15): Sch 1 (item 15),
(Protection and Other 2015 14 Apr 2015 (s 2(1) Sch 3 (items 14–
Measures) Act 2015 items 2, 4) 16) and Sch 4
Sch 1 (items 2–14), (item 34)
Sch 3 and Sch 4: 18 Apr
2015 (s 2(1) items 3, 9,
10)
as amended by
Tribunals 60, 2015 26 May Sch 2 (items 144, 145): —
Amalgamation Act 2015 never commenced (s
2015 2(1) item 6)
Customs and Other 41, 2015 20 May Sch 3, Sch 5 (items 100, Sch 3 (item 73)
Legislation Amendment 2015 101), Sch 8 (items 8, 9) and Sch 9
(Australian Border and Sch 9: 1 July 2015
Force) Act 2015 (s 2(1) items 2, 5, 7)
as amended by
Australian Border 115, 2017 30 Oct Sch 1 (item 26): 1 July —
Force Amendment 2017 2015 (s 2(1) item 2)
(Protected
Information) Act 2017
Norfolk Island 59, 2015 26 May Sch 2 (items 249–254): Sch 2 (items 356–
Legislation Amendment 2015 1 July 2016 (s 2(1) 396)
Act 2015 item 5)
Sch 2 (items 356–396):
18 June 2015 (s 2(1)
item 6)

Endnotes

and year saving and
transitional
provisions
as amended by
Territories Legislation 33, 2016 23 Mar Sch 2: 24 Mar 2016 —
Amendment Act 2016 2016 (s 2(1) item 2)
Tribunals Amalgamation 60, 2015 26 May Sch 2 (items 1–143, Sch 2 (item 187,
Act 2015 2015 148–154, 172–184, 186, 188) and Sch 9
187, 189–192) and Sch
9: 1 July 2015 (s 2(1)
items 3–5, 7, 9, 11, 12,
14, 22)
Sch 2 (items 155–171,
185, 188): never
commenced (s 2(1)
items 8, 10, 13)
Biosecurity 62, 2015 16 June Sch 2 (items 34, 35) and Sch 3 and 4
(Consequential 2015 Sch 4: 16 June 2016 (s
Amendments and 2(1) items 2, 4)
Transitional Provisions) Sch 3: 16 June 2015
Act 2015 (s 2(1) item 3)
as amended by
Statute Update 93, 2017 23 Aug Sch 2 (item 9): 20 Sept —
(Winter 2017) Act 2017 2017 (s 2(1) item 4)
2017
Migration Amendment 104, 2015 30 June Sch 1: 18 Aug 2012 —
(Regional Processing 2015 (s 2(1) item 2)
Arrangements) Act 2015 Remainder: 30 June
2015 (s 2(1) item 1)
Migration Amendment 115, 2015 26 Aug Sch 1: 16 Feb 2016 Sch 1 (items 55–
(Strengthening 2015 (s 2(1) item 2) 58)
Biometrics Integrity) Act
2015

Endnotes

and year saving and
transitional
provisions
Acts and Instruments 126, 2015 10 Sept Sch 1 (items 380–385): 5 —

(Framework Reform) 2015 Mar 2016 (s 2(1) item 2)
(Consequential
Migration Amendment 161, 2015 30 Nov Sch 1 (items 1–18): 14 Sch 1 (item 18)
(Charging for a 2015 Dec 2015 (s 2(1) item 2)
Migration Outcome) Act
2015
Statute Law Revision 4, 2016 11 Feb Sch 1 (item 22) and Sch —
Act (No. 1) 2016 2016 4 (items 1, 207–211,
402–407): 10 Mar 2016
(s 2(1) items 2, 6)
Migration Legislation 34, 2016 23 Mar Sch 1 (items 2–6): 24 —
Amendment (Cessation 2016 Mar 2016 (s 2(1) item 2)
of Visa Labels) Act 2016
Statute Update Act 2016 61, 2016 23 Sept Sch 1 (items 316–332), —
2016 Sch 2 (items 51–57) and
Sch 3 (items 29, 30): 21
Oct 2016 (s 2(1) item 1)
Statute Law Revision 67, 2016 20 Oct Sch 1 (items 30–32): 17 —
(Spring 2016) Act 2016 2016 Nov 2016 (s 2(1) item 2)
Migration Amendment 10, 2017 22 Feb Sch 1: 23 Feb 2017 Sch 1 (item 22)
(Character Cancellation 2017 (s 2(1) item 2)
Consequential
Statute Update (Winter 93, 2017 23 Aug Sch 2 (item 13): 20 Sept —
2017) Act 2017 2017 2017 (s 2(1) item 4)
Migration Amendment 95, 2017 5 Sept 2017 6 Sept 2017 (s 2(1) —
(Validation of item 1)
Decisions) Act 2017

Endnotes

and year saving and
transitional
provisions
Marriage Amendment 129, 2017 8 Dec 2017 Sch 3 (items 35, 36) and Sch 4
(Definition and Sch 4: 9 Dec 2017 (s
Religious Freedoms) Act 2(1) item 7)
2017
as amended by
Federal Circuit and 13, 2021 1 Mar 2021 Sch 2 (item 540): 1 Sept —
Family Court of 2021 (s 2(1) item 5)
Australia
(Consequential
Amendments and
Transitional
Home Affairs and 31, 2018 9 May 2018 Sch 2 (items 121–130, Sch 2 (item 284)
Integrity Agencies 284): 11 May 2018 (s
Legislation Amendment 2(1) items 3, 7)
Act 2018
Migration Amendment 38, 2018 22 May Sch 1 and Sch 2 Sch 1 (items 16,
(Skilling Australians 2018 (items 1–18, 37, 38): 12 17) and Sch 2
Fund) Act 2018 Aug 2018 (s 2(1) (items 37, 38)
items 2, 3, 5)
never commenced (s
2(1) item 4)
National Security 67, 2018 29 June Sch 1 (items 46–48A): —
Legislation Amendment 2018 30 June 2018 (s 2(1)
(Espionage and Foreign item 2)
Interference) Act 2018 Sch 2 (item 21): 29 Dec
2018 (s 2(1) item 3)
Migration and Other 90, 2018 31 Aug Sch 1 (items 1–5, 7, 8, Sch 1 (items 3, 5,
Legislation Amendment 2018 10–14): 13 Dec 2018 10)
(Enhanced Integrity) Act (s 2(1) item 1)
2018

Endnotes

and year saving and
transitional
provisions
Migration Amendment 162, 2018 10 Dec Sch 1: 17 Apr 2019 Sch 1 (items 68–
(Family Violence and 2018 (s 2(1) item 2) 71)
Other Measures) Act
2018
Home Affairs 3, 2019 1 Mar 2019 Sch 1 and 6: 2 Mar 2019 —
Legislation Amendment (s 2(1) items 2, 7)
(Miscellaneous Sch 2: 1 Sept 2019 (s
Measures) Act 2019 2(1) item 3)
Timor Sea Maritime 57, 2019 7 Aug 2019 Sch 1 (items 75, 76): 30 —
Boundaries Treaty Aug 2019 (s 2(1) item 2)
Consequential
Amendments Act 2019
Migration Amendment 110, 2019 4 Dec 2019 Sch 1: 5 Dec 2019 (s Sch 1 (items 14,
(Repairing Medical 2(1) item 2) 15)
Transfers) Act 2019
Migration Amendment 71, 2020 22 June Sch 1 and 2: 22 Mar Sch 2 (item 4),
(Regulation of Migration 2020 2021 (s 2(1) item 2) Sch 4 (item 2),
Agents) Act 2020 Sch 3, 4 and 6: 11 Aug Sch 5 (item 3) and
2020 (s 2(1) items 3, 4, Sch 6 (item 5)
6)
Sch 5: 15 Oct 2020 (s
2(1) item 5)
Federal Circuit and 13, 2021 1 Mar 2021 Sch 2 (items 542–579): 1 —
Family Court of Sept 2021 (s 2(1) item 5)
Australia (Consequential
Amendments and
Transitional Provisions)
Act 2021
Migration Amendment 35, 2021 24 May Sch 1: 25 May 2021 (s Sch 1 (item 4)
(Clarifying International 2021 2(1) item 1)
Obligations for
Removal) Act 2021

Endnotes

and year saving and
transitional
provisions
Migration Amendment 36, 2021 24 May 25 May 2021 (s 2(1) Sch 1 (item 2)
(Tabling Notice of 2021 item 1)
Certain Character
Decisions) Act 2021
Migration Amendment 1, 2023 16 Feb 17 Feb 2023 (s 2(1) Sch 1 (items 2–5)
(Aggregate Sentences) 2023 item 1)
Act 2023
Migration Amendment 26, 2023 23 June Sch 1: 1 Nov 2023 (s Sch 1 (item 33)
(Giving Documents and 2023 2(1) item 2) and Sch 2 (item 6)
Other Measures) Act Sch 2: 24 June 2023 (s
2023 2(1) item 3)
Statute Law Amendment 74, 2023 20 Sept Sch 1 (items 69–71): Sch 1 (item 71)
(Prescribed Forms and 2023 20 Mar 2024 (s 2(1)
Other Updates) Act 2023 item 2)
Sch 5 (item 5): 18 Oct
2023 (s 2(1) item 3)
Migration Amendment 86, 2023 26 Oct 29 Mar 2024 (s 2(1) —
(Australia’s Engagement 2023 item 1)
in the Pacific and Other
Measures) Act 2023
Migration Amendment 93, 2023 17 Nov Sch 1: 18 Nov 2023 (s Sch 1 (item 6)
(Bridging Visa 2023 2(1) item 1)
Conditions) Act 2023
Migration and Other 110, 2023 7 Dec 2023 Sch 1: 8 Dec 2023 (s Sch 1 (items 5–7)
Legislation Amendment 2(1) item 1)
(Bridging Visas, Serious
Offenders and Other
Measures) Act 2023
Migration Amendment 1, 2024 20 Feb 1 July 2024 (s 2(1) Sch 1 (items 7–12,
(Strengthening Employer 2024 item 1) 27, 36)
Compliance) Act 2024

Endnotes
Provision affected How affected
Title ............................................... am. No. 112, 1983

Part 1
s. 3 ................................................. am. No. 216, 1973; No. 112, 1983; No. 59, 1989; No. 184, 1992
s. 3A............................................... ad. No. 102, 1995
s. 3B ............................................... ad. No. 160, 1999
s. 4 ................................................. ad. No. 184, 1992
am. No. 60, 1994; No. 113, 2012; No. 35, 2013; No 115, 2015
s. 4AA............................................ ad. No. 79, 2005
s. 4A............................................... ad. No. 97, 2001
s 5 .................................................. am No 10, 1966; No 216, 1973; No 91, 1976; No 117, 1979; No
118, 1979; No 89, 1980; No 175, 1980; No 51, 1982; No 112,
1983; No 22, 1984; No 123, 1984; No 168, 1986; No 86, 1987; No
104, 1987; No 141, 1987; No 38, 1988; No 49, 1988; No 151,
1988; No 59, 1989 (as am by No 159, 1989); No 37, 1990; No 70,
1991; No 86, 1991; No 196, 1991; No 24, 1992; No 84, 1992; No
176, 1992; No 184, 1992 (as am by No 59, 1993); No 59, 1993; No
14, 1994; No 20, 1994; No 60, 1994; No 100, 1995; No 27, 1997;
No 205, 1997; No 113, 1998; No 160, 1999; No 25, 2000; No 28,
2000; No 137, 2000; No 168, 2000; No 85, 2001; No 97, 2001; No
126, 2001; No 127, 2001; No 128, 2001; No 134, 2001; No 10,
2002; No 5, 2003; No 10, 2003; No 99, 2003; No 2, 2004; No 64,
2004; No 7, 2005; No 79, 2005; No 103, 2005; No 137, 2005; No
17, 2006; No 165, 2006; No 62, 2007; No 63, 2007; No 73, 2007;
No 36, 2008; No 117, 2008; No 144, 2008; No 159, 2008; No 5,
2011; No 46, 2011; No 121, 2011; No 7, 2012; No 113, 2012; No
125, 2012; No 10, 2013; No 13, 2013; No 16, 2013; No 35, 2013;
No 117, 2013; No 122, 2013; No 30, 2014; No 31, 2014; No 116,
2014; No 135, 2014; No 35, 2015; No 41, 2015; No 59, 2015; No
60, 2015; No 115, 2015; No 34, 2016; No 67, 2016; No 93, 2017;
ed C138

Endnotes
am No 38, 2018; No 90, 2018; No 162, 2018; No 3, 2019; No 57,

2019; No 110, 2019; No 13, 2021; No 26, 2023; No 86, 2023; No
93, 2023; No 1, 2024
s 5AAA .......................................... ad No 35, 2015
s 5AA............................................. ad. No. 35, 2013
am No 35, 2013; No 135, 2014; No 59, 2015
ed C134
s 5AB ............................................. ad No 1, 2023
s. 5A............................................... ad. No. 2, 2004
am. No. 63, 2007; No. 121, 2011; No. 35, 2013; No 116, 2014; No
135, 2014; No 115, 2015
s. 5B ............................................... ad. No. 2, 2004
am. Nos. 62 and 63, 2007; No 115, 2015
s 5C ................................................ ad. No. 2, 2004
am No 129, 2014; No 10, 2017
ss. 5CA, 5CB ................................. ad. No. 144, 2008
s. 5D............................................... ad. No. 2, 2004
am No 41, 2015
s. 5E ............................................... ad. No. 137, 2005
s 5F ................................................ ad No 144, 2008
am No 129, 2017
s 5G................................................ ad. No. 144, 2008
s 5H................................................ ad No 135, 2014
s 5J ................................................. ad No 135, 2014
s 5K................................................ ad No 135, 2014
s 5L ................................................ ad No 135, 2014
s 5LA ............................................. ad No 135, 2014
s 5M ............................................... ad No 135, 2014
s. 6 ................................................. ad. No. 184, 1992
am No 117, 2013
s. 7 ................................................. ad. No. 175, 1980

Endnotes
rs. No. 168, 1986

am. No. 118, 1997; No 59, 2015
s. 7A............................................... ad. No. 126, 2001
s. 8 ................................................. ad. No. 51, 1982
am. No. 104, 1987
s. 9 ................................................. ad. No. 104, 1987
s 9A................................................ ad No 117, 2013
am No 126, 2015
s. 10 ............................................... ad. No. 59, 1989
am. No. 184, 1992
s. 11 ............................................... ad. No. 59, 1989
am. No. 184, 1992 (as am. by No. 60, 1994); No. 60, 1994
s. 12 ............................................... ad. No. 59, 1989
Part 2
Part 2 heading ................................ rs. No. 112, 1983; No. 184, 1992; No 116, 2014
Division 1
Division 1 heading ......................... am. No. 151, 1988
rs. No. 184, 1992
Division 1 ...................................... ad. No. 59, 1989
s. 13 ............................................... am. No. 117, 1979; No. 175, 1980; No. 112, 1983; No. 133, 1987;
Nos. 49 and 151, 1988
rs. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 84, 1992
rs. No. 184, 1992
am. No. 59, 1993; No. 60, 1994
s. 14 ............................................... am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 133, 1987
rs. No. 59, 1989
am. No. 84, 1992
rs. No. 184, 1992
am. No. 59, 1993

Endnotes
s. 15 ............................................... am. No. 87, 1964; No. 10, 1966; No. 117, 1979; No. 61, 1981;
No. 112, 1983; No. 22, 1984
rs. No. 59, 1989; No. 184, 1992
am. No. 60, 1994
s. 16 ............................................... am. No. 117, 1979; No. 112, 1983
rs. No. 59, 1989
am. No. 86, 1991
rs. No. 184, 1992
s. 17 ............................................... rs. No. 117, 1979
am. No. 141, 1987; No. 151, 1988
rs. No. 59, 1989
am. No. 184, 1992
Division 2
Division 2 ...................................... ad. No. 196, 1991
s. 18 ............................................... ad. No. 196, 1991
am. No. 184, 1992; No. 137, 2000 (as am. by No. 9, 2006)
ss. 19, 20 ........................................ ad. No. 196, 1991
s. 21 ............................................... ad. No. 196, 1991
am. No. 184, 1992; No. 97, 2001
ss. 22, 23 ........................................ ad. No. 196, 1991
rep. No. 137, 2000
s. 24 ............................................... ad. No. 196, 1991
am. No. 137, 2000
ss. 25–27 ........................................ ad. No. 196, 1991
Division 3
Division 3 heading ......................... rs. No. 184, 1992
Subdivision A
Subdivision A heading ................... rs. No. 184, 1992
s. 28 ............................................... ad. No. 59, 1989
am. Nos. 86 and 196, 1991; No. 175, 1992; No. 14, 1994

Endnotes
rs. No. 184, 1992

s. 29 ............................................... ad. No. 59, 1989 (as am. by No. 159, 1989)
am. Nos. 86 and 198, 1991; Nos. 175 and 176, 1992; No. 14, 1994
rs. No. 184, 1992
am. No. 60, 1994; No. 73, 2007
s. 30 ............................................... ad. No. 59, 1989
rs. No. 184, 1992
s. 31 ............................................... ad. No. 59, 1989
rs. No. 184, 1992
am. No. 60, 1994; No. 34, 1999; No. 73, 2007; No. 85, 2008; No
135, 2014
s. 32 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 134, 2001; No. 62, 2007
s. 33 ............................................... ad. No. 60, 1994
am. No. 62, 2007; No. 85, 2008; No 116 and 129, 2014; No 34,
2016
s 34 ................................................ ad No 60, 1994
am No 34, 2016
s 35 ................................................ ad No 60, 1994
am No 34, 2016
s 35A.............................................. ad No 135, 2014
am No 135, 2014
s 36 ................................................ ad No 184, 1992
am No 60, 1994; No 160, 1999; No 131, 2001; No 134, 2001;
No 144, 2008; No 121, 2011; No 113, 2012; No 30, 2014; No 135,
2014
s 36A.............................................. ad No 35, 2021
s 37 ................................................ ad No 184, 1992
am No 60, 1994
s. 37A............................................. ad. No. 34, 1999
s. 38 ............................................... ad. No. 184, 1992
s. 38A............................................. ad. No. 160, 1999

Endnotes
s. 38B ............................................. ad. No. 73, 2007

s. 39 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 141, 2005; No 126, 2015
s 39A.............................................. ad No 135, 2014
am No 126, 2015
s. 40 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 2, 2004; No 115, 2015
s. 41 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 113, 1998; No. 168, 2000; No 117, 2013
s 42 ................................................ ad No 184, 1992
am No 60, 1994; No 160, 1999; No 157, 2001; No 10, 2002;
No 73, 2007; No 13, 2013; No 16, 2013; No 135, 2014; No 59,
2015; No 3, 2019; No 110, 2019; No 13, 2021
s. 43 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 160, 1999; No. 103, 2005; No. 165, 2006;
No. 73, 2007; No. 36, 2008; No 16, 2013
Subdivision AA
Subdivision AA heading ................ ad. No. 184, 1992
s. 44 ............................................... ad. No. 184, 1992
am. No. 160, 1999
s. 45 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 28, 2000
s 45AA ........................................... ad No 135, 2014
am No 135, 2014; No 126, 2015
s. 45A............................................. ad. No. 27, 1997
s. 45B ............................................. ad. No. 27, 1997
am. No. 5, 2003
s. 45C ............................................. ad. No. 27, 1997
s 46 ................................................ ad No 184, 1992

Endnotes
am No 60, 1994; No 102, 1995; No 27, 1997; No 113, 1998; No

114, 1998; No 34, 1999; No 160, 1999; No 28, 2000; No 168,
2000; No. 2, 2004; No 135, 2014; No 115, 2015; No 26, 2023; No
86, 2023
s 46AA ........................................... ad No 135, 2014
am No 135, 2014
s 46A.............................................. ad No 127, 2001
am No 35, 2013; No 135, 2014; No 35, 2015
s 46B .............................................. ad No 10, 2002
am No 35, 2015
s 46C .............................................. ad No 86, 2023
s. 47 ............................................... ad. No. 184, 1992
am. No. 60, 1994
s 48 ................................................ ad No 184, 1992
rs No 60, 1994
am No 114, 1998; No 160, 1999; No 168, 2000; No 33, 2001;
No 85, 2008; No 106, 2014; No 129, 2014; No 135, 2014; No 3,
2019
s 48A.............................................. ad No 102, 1995
am No 160, 1999; No 131, 2001; No 144, 2008; No 121, 2011; No
30, 2014; No 106, 2014; No 135, 2014; No 3, 2019
s. 48B ............................................. ad. No. 102, 1995
ss. 49, 50 ........................................ ad. No. 184, 1992
am. No. 60, 1994; No. 102, 1995
s. 51 ............................................... ad. No. 184, 1992
Subdivision AB
Subdivision AB heading ................ ad. No. 184, 1992
s. 51A............................................. ad. No. 60, 2002
s. 52 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 58, 2001
s. 53 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 43, 1996

Endnotes
rep. No. 58, 2001

s. 54 ............................................... ad. No. 184, 1992
rs. No. 60, 1994
ss. 55, 56 ........................................ ad. No. 184, 1992
am. No. 60, 1994
s 57 ................................................ ad No 184, 1992
rs No 60, 1994
am No 106, 2014; No 135, 2014 (Sch 4 item 11 md not incorp)
s. 58 ............................................... ad. No. 184, 1992
am. No. 60, 1994
s. 59 ............................................... ad. No. 184, 1992
s 60 ................................................ ad No 184, 1992
am No 60, 1994
s 61 ................................................ ad No 184, 1992
am No 60, 1994
s 62 ................................................ ad No 184, 1992
am No 60, 1994
ed C134
s. 63 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 27, 1997
s. 64 ............................................... ad. No. 60, 1994
am. No. 100, 1995; No. 27, 1997
Subdivision AC
Subdivision AC heading ................ ad. No. 184, 1992
rs No 60, 1994
s 65 ................................................ ad No 184, 1992
am No 60, 1994; No 100, 1995; No 27, 1997; No 34, 1999; No 79,
2005; No 135, 2014 (Sch 4 items 12, 13 md); No 35, 2015; No 4,
2016
s. 65A............................................. ad. No. 141, 2005
rep No 135, 2014

Endnotes
s 66 ................................................ ad No 184, 1992

am No 60, 1994; No 114, 1998; No 135, 2014
s. 67 ............................................... ad. No. 184, 1992
rs No 30, 2014
s 68 ................................................ ad No 184, 1992
am No 60, 1994; No 93, 2023
s. 69 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 58, 2001
Subdivision AE heading ................ ad. No. 184, 1992
rep No 34, 2016
Subdivision AE .............................. rep No 34, 2016
s. 70 ............................................... ad. No. 184, 1992
rs. No. 125, 2012
rep No 34, 2016
s. 71 ............................................... ad. No. 184, 1992
am. No. 60, 1994
rs. No. 125, 2012
rep No 34, 2016
s. 71A............................................. ad. No. 125, 2012
rep No 34, 2016
s. 71B ............................................. ad. No. 125, 2012
rep No 34, 2016
Subdivision AF
Subdivision AF heading ................. ad. No. 184, 1992
s. 72 ............................................... ad. No. 184, 1992
rs. No. 60, 1994
am. No. 100, 1995
s 73 ................................................ ad No 184, 1992
am No 60, 1994; No 134, 2001; No 93, 2023
s. 74 ............................................... ad. No. 184, 1992
rs. No. 60, 1994

Endnotes
s. 75 ............................................... ad. No. 60, 1994

s. 76 ............................................... ad. No. 184, 1992
am. No. 60, 1994
s 76A.............................................. ad No 93, 2023
s 76AA ........................................... ad No 110, 2023
s 76B .............................................. ad No 93, 2023
s 76C .............................................. ad No 93, 2023
s 76D.............................................. ad No 93, 2023
s 76DAA ........................................ ad No 110, 2023
s 76DAB ........................................ ad No 110, 2023
s 76DAC ........................................ ad No 110, 2023
s 76DA ........................................... ad No 93, 2023
am No 110, 2023
s 76E .............................................. ad No 93, 2023
am No 110, 2023
s 76F .............................................. ad No 110, 2023
Subdivision AG
Subdivision AG heading ................ ad. No. 184, 1992
s 77 ................................................ ad No 184, 1992
am No 60, 1994
s 78 ................................................ ad No 184, 1992
am No 60, 1994; No 34, 2016
s 79 ................................................ ad No 184, 1992
am No 60, 1994
s. 80 ............................................... ad. No. 184, 1992
rs. No. 60, 1994
s. 81 ............................................... ad. No. 184, 1992
s. 82 ............................................... ad. No. 184, 1992
am. No. 60, 1994; No. 160, 1999; No. 73, 2007; No. 85, 2008
s. 83 ............................................... ad. No. 59, 1989
am. No. 184, 1992; No. 144, 2008

Endnotes
s. 84 ............................................... ad. No. 59, 1989

am. Nos. 175 and 184, 1992; No. 60, 1994 (as am. by No. 43,
1996); No. 100, 1995; No. 27, 1997; No. 58, 2001; No. 144, 2008;
No 135, 2014
Subdivision AH
Subdivision AH heading ................ ad. No. 59, 1993
Subdivision AH ............................. ad. No. 175, 1992
s 85 ................................................ ad No 175, 1992
am No 135, 2014
s 86 ................................................ ad No 175, 1992
s. 87 ............................................... ad. No. 175, 1992
am. No. 60, 1994; No. 27, 1997; No. 144, 2008
s. 87A............................................. ad. No. 28, 2000
s. 88 ............................................... ad. No. 175, 1992
s. 89 ............................................... ad. No. 175, 1992
am. No. 60, 1994
s 90 ................................................ ad No 175, 1992
s 91 ................................................ ad No 175, 1992
Subdivision AI
Subdivision AI heading.................. rs. No. 34, 1999
Subdivision AI ............................... ad. No. 136, 1994
ss. 91A–91E ................................... ad. No. 136, 1994
s. 91F ............................................. ad. No. 136, 1994
am. No. 1, 1995
s. 91G............................................. ad. No. 1, 1995
am. No. 113, 1998; No 60, 2015
Subdivision AJ
Subdivision AJ ............................... ad. No. 34, 1999
s 91H.............................................. ad No 34, 1999
am No 35, 2015
s 91J ............................................... ad No 34, 1999

Endnotes
am No 35, 2015
s 91K.............................................. ad No 34, 1999
s 91L .............................................. ad No 34, 1999
Subdivision AK ............................. ad No 160, 1999
rep No 26, 2023
s 91M ............................................. ad No 160, 1999
rep No 26, 2023
s 91N.............................................. ad No 160, 1999
am No 121, 2011
rep No 26, 2023
s 91P .............................................. ad No 160, 1999
rep No 26, 2023
s 91Q.............................................. ad No 160, 1999
rep No 26, 2023
Subdivision AL
Subdivision AL .............................. ad. No. 131, 2001
s 91R .............................................. ad. No. 131, 2001
rep No 135, 2014
s 91S .............................................. ad. No. 131, 2001
am No 144, 2008
rep No 135, 2014
s 91T .............................................. ad. No. 131, 2001
am. No. 121, 2011
rep No 135, 2014
s 91U.............................................. ad No. 131, 2001
rep No 135, 2014
s 91V.............................................. ad No 131, 2001
s 91W............................................. ad No 131, 2001
am No 35, 2015
s 91WA .......................................... ad No 35, 2015
s 91WB .......................................... ad No 35, 2015

Endnotes
s. 91X............................................. ad. No. 131, 2001

am. No. 157, 2001; No. 13, 2013; No 13, 2021
s. 91Y............................................. ad. No. 141, 2005
rep No 135, 2014
Subdivision B
s. 92 ............................................... ad. No. 59, 1989
am. No. 14, 1994
s. 93 ............................................... ad. No. 59, 1989 (as am. by No. 159, 1989)
s. 94 ............................................... ad. No. 59, 1989
am. Nos. 14 and 60, 1994
s. 95 ............................................... ad. No. 14, 1994
am. No. 28, 2000
s. 95A............................................. ad. No. 28, 2000
s. 96 ............................................... ad. No. 59, 1989
am. No. 14, 1994
Subdivision C
Subdivision C heading ................... ad No 184, 1992
s 97 ................................................ ad No 59, 1989
am No 196, 1991; No 14, 1994
rs No 184, 1992
am No 60, 1994; No 58, 2001; No 35, 2015
s. 97A............................................. ad. No. 60, 2002
s. 98 ............................................... ad. No. 59, 1989
am. Nos. 86 and 198, 1991; No. 176, 1992
rs. No. 184, 1992
s. 99 ............................................... ad. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 196, 1991
rs. No. 184, 1992
am. No. 62, 2007; No 60, 2015
s. 100 ............................................. ad. No. 59, 1989
rs. No. 184, 1992

Endnotes
am. No. 62, 2007

s. 101 ............................................. ad. No. 59, 1989
am. No. 86, 1991; No. 24, 1992
rs. No. 184, 1992
am. No. 60, 1994; No. 62, 2007
s. 102 ............................................. ad. No. 59, 1989
rs. No. 184, 1992
am. No. 60, 1994
s. 103 ............................................. ad. No. 59, 1989
rs. No. 184, 1992
am. No. 60, 1994; No. 62, 2007; No 116, 2014; No 60, 2015
s. 104 ............................................. ad. No. 59, 1989
am. No. 175, 1992
rs. No. 184, 1992
am. No. 60, 1994; No. 113, 1998; No. 58, 2001
s. 105 ............................................. ad. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 14, 1994
rs. No. 184, 1992
am. No. 60, 1994; No. 113, 1998; No. 58, 2001; No. 62, 2007
s. 106 ............................................. ad. No. 59, 1989
am. No. 14, 1994
rs. No. 184, 1992
am. No. 62, 2007
s 107 .............................................. ad No 59, 1989
rs No 184, 1992
am No 60, 1994; No 113, 1998; No 26, 2023
s. 107A........................................... ad. No. 113, 1998
s. 108 ............................................. ad. No. 59, 1989
rs. No. 184, 1992
s 109 .............................................. ad No 59, 1989
rs No 184, 1992

Endnotes
am No 60, 1994; No 26, 2023

s 110 .............................................. ad No 59, 1989
rs No 184, 1992
am No 60, 1994
s. 111 ............................................. ad. No. 59, 1989
rs. No. 86, 1991; No. 184, 1992
s 112 .............................................. ad No 59, 1989
rs No 184, 1992
ed C134
s 113 .............................................. ad No 59, 1989
rs No 184, 1992
s. 114 ............................................. ad. No. 59, 1989
rs. No. 184, 1992
am. No. 113, 1998; No. 157, 2001; No. 13, 2013; No 60, 2015; No
13, 2021
s. 115 ............................................. ad. No. 184, 1992
am. No. 59, 1993
Subdivision D
Subdivision D heading ................... ad. No. 184, 1992
s 116 .............................................. ad No 184, 1992
am No 60, 1994; No 168, 2000; No 129, 2014; No 161, 2015; No
1, 2024
s. 117 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No 129, 2014; No 161, 2015
s 118 .............................................. ad. No. 184, 1992
rs. No. 60, 1994
am. No. 114, 1998; No. 34, 1999; No. 33, 2001; No 116 and 129,
2014; No 10, 2017
Subdivision E
Subdivision E heading ................... ad. No. 184, 1992
s. 118A........................................... ad. No. 60, 2002

Endnotes
s 119 .............................................. ad No 184, 1992

am No 60, 1994; No 26, 2023
s 120 .............................................. ad No 184, 1992
rs No 60, 1994
am No 26, 2023
ss. 121–123 .................................... ad. No. 184, 1992
am. No. 60, 1994
s. 124 ............................................. ad. No. 184, 1992
s 125 .............................................. ad No 184, 1992
am No 60, 1994
s 126 .............................................. ad No 184, 1992
am No 60, 1994
s 127 .............................................. ad No 184, 1992
am No 113, 1998; No 26, 2023
Subdivision F
Subdivision F heading.................... ad. No. 184, 1992
s. 127A........................................... ad. No. 60, 2002
s. 128 ............................................. ad. No. 184, 1992
am. No. 113, 1998
s 129 .............................................. ad No 184, 1992
am No 60, 1994; No 113, 1998; No 26, 2023
s. 130 ............................................. ad. No. 184, 1992
am. No. 60, 1994
s 131 .............................................. ad No 184, 1992
s 132 .............................................. ad No 184, 1992; No 26, 2023
s. 133 ............................................. ad. No. 184, 1992
am. No. 60, 1994
Subdivision FA
Subdivision FA heading ................. ad No 129, 2014
s 133A............................................ ad No 129, 2014
am No 60, 2015

Endnotes
s 133B ............................................ ad No 129, 2014

s 133C ............................................ ad No 129, 2014
am No 60, 2015
s 133D............................................ ad No 129, 2014
s 133E ............................................ ad No 129, 2014
am No 26, 2023
s 133F ............................................ ad No 129, 2014
am No 26, 2023
Subdivision FB
Subdivision FB heading ................. ad No 116, 2014
s 134A............................................ ad No 116, 2014
s 134B ............................................ ad No 116, 2014
s 134C ............................................ ad No 116, 2014
s 134D............................................ ad No 116, 2014
s 134E ............................................ ad No 116, 2014
am No 26, 2023
s 134F ............................................ ad No 116, 2014
Subdivision G
Subdivision G heading ................... ad. No. 84, 1992
s 134 .............................................. ad No 84, 1992
am No 184, 1992 (as am by No 60, 1994); No 60, 1994; No 110,
1995; No 144, 2008; No 30, 2014; No 26, 2023
s 135 .............................................. ad No 84, 1992
am No 184, 1992; No 110, 1995; No 26, 2023
s. 136 ............................................. ad. No. 84, 1992
am. No. 110, 1995
s. 137 ............................................. ad. No. 84, 1992
am. No. 184, 1992; No. 137, 2000; No. 97, 2001; No 41, 2015; No
61, 2016
Subdivision GA ............................. ad. No. 28, 2000
rep. No. 159, 2008

Endnotes
ss. 137A–137F ............................... ad. No. 28, 2000

rep. No. 159, 2008
s. 137G........................................... ad. No. 28, 2000
am. No. 157, 2001
rep. No. 159, 2008
s. 137H........................................... ad. No. 28, 2000
rep. No. 159, 2008
Subdivision GB
Subdivision GB.............................. ad. No. 168, 2000
s. 137J ............................................ ad. No. 168, 2000
am. No. 144, 2006; No. 70, 2007; No. 192, 2012
ss. 137K–137N .............................. ad. No. 168, 2000
s. 137P ........................................... ad. No. 168, 2000
Subdivision GC
Subdivision GC.............................. ad. No. 33, 2001
s 137Q............................................ ad No 33, 2001
s 137R ............................................ ad No 33, 2001
am No 26, 2023
s 137S ............................................ ad No 33, 2001
am No 26, 2023
s. 137T ........................................... ad. No. 33, 2001
am. No. 144, 2008
Subdivision H
Subdivision H heading ................... ad. No. 184, 1992
s. 138 ............................................. ad. No. 184, 1992
am. No. 168, 2000
rs No 30, 2014
s. 139 ............................................. ad. No. 184, 1992
am No 129, 2014
s. 140 ............................................. ad. No. 184, 1992

Endnotes
am. No. 60, 1994; No. 168, 2000; No. 129, 2001; No. 144, 2008;
No 129, 2014
Division 3A
Division 3A.................................... ad No 99, 2003
Subdivision A
Subdivision A heading ................... rs No 159, 2008
s 140A............................................ ad No 99, 2003
s 140AA ......................................... ad No 122, 2013
am No 162, 2018
s 140AB ......................................... ad No 122, 2013
Subdivision B
Subdivision B heading ................... rs. No. 159, 2008; No 162, 2018
ss. 140B–140D............................... ad. No. 99, 2003
rep. No. 159, 2008
s 140E ............................................ ad No 99, 2003
am No 159, 2008; No 162, 2018
s 140F ............................................ ad No 99, 2003
am No 159, 2008; No 162, 2018
s 140G............................................ ad No 99, 2003
am No 159, 2008; No 162, 2018
s 140GA ......................................... ad No 159, 2008
am No 162, 2018
Subdivision BA
Subdivision BA heading ................ ad No 162, 2018
s 140GB ......................................... ad No 159, 2008
am No 122, 2013; No 38, 2018; No 162, 2018 (amdt never applied
to s 140GB(3) (Sch 1 item 25))
s 140GBA ...................................... ad No 122, 2013
am No 38, 2018; No 162, 2018 (amdts never applied to s
140GBA(3), (5), (6A) and (7) (Sch 1 items 27, 28))
s 140GBB ...................................... ad No 122, 2013

Endnotes
am No 38, 2018; No 162, 2018 (amdts never applied (Sch 1

items 29–31))
s 140GBC ...................................... ad No 122, 2013
am No 126, 2015; No 38, 2018; No 162, 2018 (amdt never applied
(Sch 1 item 31))
s 140GC ......................................... ad No 159, 2008
am No 162, 2018
Subdivision C
Subdivision C ................................ rs No 159, 2008
s 140H............................................ ad No 99, 2003
rs No 159, 2008
am No 85, 2009; No 122, 2013; No 162, 2018
s 140HA ......................................... ad No 122, 2013
am No 162, 2018
s 140I ............................................. ad No 99, 2003
rep No 159, 2008
s 140J ............................................. ad No 99, 2003
rs No 159, 2008
am No 85, 2009
Subdivision D
Subdivision D heading ................... ad. No. 159, 2008
s 140K............................................ ad No 99, 2003
rs No 159, 2008
am No 10, 2013; No 122, 2013; No 90, 2018; No 162, 2018 (amdt
never applied (Sch 1 items 43, 44, 46 and 47)); No 1, 2024
s 140L ............................................ ad No 99, 2003
rs No 159, 2008
am No 162, 2018
s 140M ........................................... ad No 99, 2003
rs No 159, 2008
am No 162, 2018

Endnotes
s 140N............................................ ad No 99, 2003

am No 159, 2008; No 162, 2018
s 140O............................................ ad No 99, 2003
am No 159, 2008; No 162, 2018
s 140P ............................................ ad No 99, 2003
am No 159, 2008; No 162, 2018
s 140Q............................................ ad No 99, 2003
rs No 159, 2008
am No 10, 2013; No 1, 2024
s. 140R ........................................... ad. No. 99, 2003
rs. No. 159, 2008
rep. No. 10, 2013
s 140RA ......................................... ad No 122, 2013
rs No 122, 2013
am No 1, 2024
s. 140RB ........................................ ad. No. 122, 2013
rep No 122, 2013
ad No 1, 2024
Subdivision E
Subdivision E heading ................... ad. No. 159, 2008
s. 140S ........................................... ad. No. 99, 2003
rs. No. 159, 2008
am. No. 10, 2013
ss. 140SA–140SC .......................... ad. No. 159, 2008
s. 140T ........................................... ad. No. 99, 2003
am. No. 159, 2008
s. 140U........................................... ad. No. 99, 2003
Subdivision F
Subdivision F heading.................... rs. No. 122, 2013
Subdivision F ................................. ad. No. 159, 2008
s. 140UA ........................................ ad. No. 122, 2013

Endnotes
s. 140V........................................... ad. No. 99, 2003

rs. No. 159, 2008
am. No. 122, 2013
s 140W........................................... ad No 99, 2003
rs No 159, 2008
am No 122, 2013; No 74, 2023
s 140X............................................ ad No 99, 2003
rs No 159, 2008; No 54, 2009
am No 122, 2013; No 161, 2015; No 162, 2018; No 1, 2024
s. 140XA ........................................ ad. No. 54, 2009
s. 140XB ........................................ ad. No. 54, 2009
s. 140XC ........................................ ad. No. 54, 2009
am. No. 122, 2013
s. 140XD ........................................ ad. No. 54, 2009
am. No. 122, 2013; No 41, 2015
s. 140XE ........................................ ad. No. 54, 2009
am. No. 10, 2013
s. 140XF ........................................ ad. No. 54, 2009
am. No. 10, 2013
s. 140XG ........................................ ad. No. 54, 2009
am No 31, 2014
s. 140XH ........................................ ad. No. 54, 2009
am No 31, 2014
s. 140XI ......................................... ad. No. 54, 2009
s. 140XJ ......................................... ad. No. 54, 2009
am No 41, 2015
ss. 140Y, 140Z ............................... ad. No. 99, 2003
rs. No. 159, 2008
rep. No. 54, 2009
s. 140ZA ........................................ ad. No. 99, 2003
rs. No. 159, 2008

Endnotes
rep. No. 54, 2009

Subdivision G
Subdivision G ................................ ad. No. 159, 2008
ss. 140ZB–140ZG .......................... ad. No. 99, 2003
rs. No. 159, 2008
Subdivision H
Subdivision H ................................ ad. No. 159, 2008
s 140ZH ......................................... ad No 99, 2003
rs No 159, 2008
am No 90, 2018; No 162, 2018
s. 140ZI .......................................... ad. No. 159, 2008
am No 197, 2012
s 140ZJ........................................... ad No 159, 2008
am No 162, 2018
s. 140ZK ........................................ ad. No. 159, 2008
s 140ZL.......................................... ad No 38, 2018
Division 3B
Division 3B .................................... ad No 38, 2018
s 140ZM......................................... ad No 38, 2018
s 140ZN ......................................... ad No 38, 2018
s 140ZO ......................................... ad No 38, 2018
s 140ZP .......................................... ad No 38, 2018
s 140ZQ ......................................... ad No 38, 2018
Division 4
Division 4 ...................................... ad. No. 184, 1992
Subdivision A
s. 141 ............................................. rs. No. 184, 1992
am. No. 60, 1994
s. 142 ............................................. ad. No. 60, 1994
s 143 .............................................. rs No 184, 1992

Endnotes
am No 60, 1994; No 146, 1999; No 9, 2000; No 5, 2011; No 31,

2018
s 144 .............................................. ad No 60, 1994
am No 31, 2018
Subdivision B
s 145 .............................................. rs No 184, 1992
2009; No 31, 2018
s 146 .............................................. rs No 184, 1992
am No 85, 2009; No 31, 2018
Subdivision C
s 147 .............................................. rs No 184, 1992
2009; No 31, 2018
s. 148 ............................................. rs. No. 184, 1992
am. No. 85, 2009
s 149 .............................................. rs No 184, 1992
s 150 .............................................. rs No 184, 1992
s. 151 ............................................. rs. No. 184, 1992
am. No. 85, 2009
s. 152 ............................................. rs. No. 184, 1992
s. 153 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 157, 2001; No. 13, 2013; No 13, 2021
s. 154 ............................................. ad. No. 60, 1994
Subdivision D
ss. 155–158 .................................... ad. No. 184, 1992
s. 159 ............................................. ad. No. 184, 1992
am. No. 60, 1994
s. 160 ............................................. ad. No. 184, 1992
am. No. 113, 1998
s. 161 ............................................. ad. No. 184, 1992

Endnotes
am. No. 60, 1994

Subdivision E
s 162 .............................................. ad No 184, 1992
am No 31, 2018
s 163 .............................................. ad No 184, 1992
s 164 .............................................. ad No 184, 1992
Division 4A
Division 4A.................................... ad. No. 160, 1999
s. 164A........................................... ad. No. 160, 1999
am. No. 103, 2005; No. 165, 2006; No 16, 2013
s. 164B ........................................... ad. No. 160, 1999
am. No. 160, 1999; No. 103, 2005; No. 165, 2006; No. 36, 2008;
No 16, 2013
s. 164BA ........................................ ad. No. 165, 2006
am No 16, 2013
s. 164C ........................................... ad. No. 160, 1999
am. No. 165, 2006
s. 164D........................................... ad. No. 160, 1999
Division 5
Division 5 ...................................... ad. No. 184, 1992
s. 165 ............................................. ad. No. 184, 1992
am. No. 62, 2007
s. 166 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 2, 2004
rs. No. 62, 2007
am No 116, 2014; No 115, 2015
s. 167 ............................................. ad. No. 184, 1992
am. No. 2, 2004; No. 62, 2007
s. 168 ............................................. ad. No. 184, 1992
s. 169 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 85, 2008

Endnotes
s. 170 ............................................. ad. No. 184, 1992

am. No. 2, 2004; No. 62, 2007; No 116, 2014; No 115, 2015
s. 171 ............................................. ad. No. 184, 1992
am. No. 62, 2007
s. 172 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 2, 2004; No. 62, 2007; No. 85, 2008
s. 173 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 73, 2007; No. 85, 2008
s. 174 ............................................. ad. No. 184, 1992
am. No. 60, 1994
s. 175 ............................................. ad. No. 184, 1992
am. No. 2, 2004; No. 62, 2007; No 116, 2014; No 115, 2015
s. 175A........................................... ad. No. 62, 2007
s 175B ............................................ ad No 116, 2014
Division 6
Division 6 ...................................... ad. No. 24, 1992
s. 176 ............................................. ad. No. 24, 1992
am. No. 184, 1992; No. 60, 1994
s. 177 ............................................. ad. No. 24, 1992
am. Nos. 184 and 235, 1992; No. 59, 1993; No. 60, 1994
s. 178 ............................................. ad. No. 24, 1992
am. Nos. 184 and 235, 1992; No. 59, 1993; No. 60, 1994; No. 113,
1998; No 60, 2015
ss. 179, 180 .................................... ad. No. 24, 1992
am. No. 184, 1992; No. 60, 1994
s. 181 ............................................. ad. No. 24, 1992
am. No. 60, 1994
s. 182 ............................................. ad. No. 24, 1992
am. Nos. 184 and 235, 1992
s. 183 ............................................. ad. No. 24, 1992

Endnotes
am. No. 184, 1992

s. 184 ............................................. ad. No. 235, 1992
am. No. 184, 1992
rep. No. 102, 1995
s. 185 ............................................. ad. No. 24, 1992
am. No. 235, 1992; No. 102, 1995
ss. 186, 187 .................................... ad. No. 24, 1992
Division 7
Division 7 ...................................... ad. No. 184, 1992
Subdivision A
Subdivision A heading ................... ad. No. 79, 2005
s. 188 ............................................. ad. No. 184, 1992
am. No. 2, 2004; No. 62, 2007; No 115, 2015
s. 189 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 128, 2001; No. 79, 2005; No. 113, 2012;
No. 35, 2013
s. 190 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 2, 2004; No. 62, 2007; No 115, 2015
s 191 .............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 2, 2004; No. 62, 2007; No 129, 2014; No
10, 2017
s 192 .............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 140, 1995; No. 114, 1998; No. 2, 2004;
No. 46, 2006; No. 144, 2008; No 129, 2014; No 115, 2015; No 10,
2017
s. 192A........................................... ad. No. 2, 2004
rep No 115, 2015
s 193 .............................................. ad. No. 184, 1992
rs. No. 60, 1994
am. No. 114, 1998; Nos. 89 and 160, 1999; No. 128, 2001;
No. 141, 2005; No. 25, 2006 (as am. by No. 141, 2005); No. 85,
2008; No. 70, 2009; No. 113, 2012; No 10, 2017

Endnotes
s. 194 ............................................. ad. No. 184, 1992

rs. No. 168, 2000
s. 195 ............................................. ad. No. 184, 1992
am. No. 60, 1994
s. 195A........................................... ad. No. 79, 2005
s 196 .............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 90, 2003; No. 113, 2012; No 10, 2017
s. 197 ............................................. ad. No. 184, 1992
Subdivision B
Subdivision B ................................ ad. No. 79, 2005
ss. 197AA–197AG ......................... ad. No. 79, 2005
Division 7A
Division 7A.................................... ad. No. 85, 2001
s. 197A........................................... ad. No. 85, 2001
s. 197B ........................................... ad. No. 85, 2001
am. No. 81, 2011; No 4, 2016
Division 8
Division 8 ...................................... ad. No. 184, 1992
Subdivision A
Subdivision A heading ................... ad No 113, 2012
s 197C ............................................ ad No 85, 2001
rep No 85, 2001
ad No 135, 2014
am No 35, 2021
s 197D............................................ ad No 35, 2021
s 198 .............................................. ad No 184, 1992
am No 60, 1994; No 136, 1994; No 1, 1995; No 114, 1998; No 34,
1999; No 89, 1999; No 160, 1999; No 168, 2000; No 10, 2002;
No 113, 2012; No 35, 2013; No 106, 2014; No 135, 2014; No 10,
2017; No 110, 2019; No 26, 2023

Endnotes
s. 198A........................................... ad. No. 128, 2001

rep. No. 113, 2012
Subdivision B
Subdivision B ................................ ad. No. 113, 2012
s. 198AA ........................................ ad. No. 113, 2012
am. No. 35, 2013
s. 198AB ........................................ ad. No. 113, 2012
am No 126, 2015
s. 198AC ........................................ ad. No. 113, 2012
s. 198AD ........................................ ad. No. 113, 2012
am. No. 35, 2013; No 135, 2014
s. 198AE ........................................ ad. No. 113, 2012
am. No. 35, 2013
s. 198AF ........................................ ad. No. 113, 2012
am. No. 35, 2013
s. 198AG ........................................ ad. No. 113, 2012
am. No. 35, 2013
s 198AH ......................................... ad. No. 113, 2012
am No 35, 2013; No 135, 2014; No 110, 2019
s 198AHA ...................................... ad No 104, 2015
s. 198AI ......................................... ad. No. 35, 2013
s. 198AJ ......................................... ad. No. 35, 2013
Subdivision C
Subdivision C heading ................... ad. No. 113, 2012
s 198B ............................................ ad No 10, 2002
am No 3, 2019; No 110, 2019
s 198C ............................................ ad No 10, 2002
rep No 35, 2013
ad No 3, 2019
rep No 110, 2019
s 198D............................................ ad No 10, 2002

Endnotes
am No 113, 2012
rep No 35, 2013
ad No 3, 2019
rep No 110, 2019
s 198E ............................................ ad No 3, 2019
rep No 110, 2019
s 198F ............................................ ad No 3, 2019
rep No 110, 2019
s 198G............................................ ad No 3, 2019
rep No 110, 2019
s 198H............................................ ad No 3, 2019
rep No 110, 2019
s 198J ............................................. ad No 3, 2019
rep No 110, 2019
s 199 .............................................. ad No 184, 1992
am No 144, 2008; No 113, 2012
Subdivision D ................................ ad No 3, 2019
rep No 110, 2019
s 199A............................................ ad No 3, 2019
rep No 110, 2019
s 199B ............................................ ad No 3, 2019
rep No 110, 2019
s 199C ............................................ ad No 3, 2019
rep No 110, 2019
s 199D............................................ ad No 3, 2019
rep No 110, 2019
s 199E ............................................ ad No 3, 2019
rep No 110, 2019
Division 9
s. 200 ............................................. ad. No. 184, 1992
s. 201 ............................................. rs. No. 112, 1983

Endnotes
am. No. 184, 1992; No. 60, 1994

s 202 .............................................. rep No 112, 1983
ad No 102, 1986
am No 184, 1992; No 60, 1994; No 175, 1995; No 161, 1999;
No 144, 2005; No 31, 2018
s 203 .............................................. am No 112, 1983; No 102, 1986; No 59, 1989; No 86, 1991;
No 184, 1992; No 97, 2001; No 65, 2002; No 144, 2005; No 67,
2018
s. 204 ............................................. ad. No. 112, 1983
am. No. 102, 1986; No. 59, 1989; No. 184, 1992; No. 60, 1994
s. 205 ............................................. am. No. 117, 1979
rs. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 184, 1992; No. 144, 2008
s. 206 ............................................. am. No. 112, 1983; No. 59, 1989 (as am. by No. 159, 1989);
No. 86, 1991; No. 184, 1992
Division 10
Division 10 heading ....................... ad No 184, 1992
rs No 85, 2009
s. 207 ............................................. rs. No. 184, 1992
am. No. 85, 2009
s. 208 ............................................. rs. No. 184, 1992
rep. No. 85, 2009
s. 209 ............................................. rs. No. 184, 1992
am. No. 60, 1994
rep. No. 85, 2009
s. 210 ............................................. ad. No. 184, 1992
am. No. 60, 1994
rep. No. 85, 2009
s. 211 ............................................. ad. No. 184, 1992
am. No. 144, 2008
rep. No. 85, 2009
s. 212 ............................................. ad. No. 184, 1992

Endnotes
am. No. 144, 2008

s 213 .............................................. ad. No. 184, 1992
am. No. 85, 2009; No 41, 2015
s 214 .............................................. ad No 184, 1992
am No 85, 2009
s 215 .............................................. ad. No. 184, 1992
s 216 .............................................. ad No 184, 1992
am No 41, 2015
s. 217 ............................................. ad. No. 60, 1994
am. No. 97, 2001; No 41, 2015
s. 218 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 97, 2001; No 41, 2015
s. 219 ............................................. ad. No. 184, 1992
am. No. 97, 2001; No 41, 2015
s 220 .............................................. ad No 184, 1992
s 221 .............................................. ad No 184, 1992
s. 222 ............................................. ad. No. 59, 1989
am. No. 24, 1992; No. 184, 1992 (as am. by No. 43, 1996);
No. 100, 1995; No. 97, 2001; No. 85, 2009; No 41, 2015
s. 223 ............................................. ad. No. 59, 1989
am. Nos. 24 and 184, 1992; No. 97, 2001; No. 85, 2009; No 41,
2015; No 61, 2016
s 224 .............................................. ad No 59, 1989
am No 86, 1991; No 24, 1992; No 184, 1992; No 85, 2009; No 41,
2015
ed C145
Division 11
s. 225 ............................................. am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989;
No. 24, 1992
rs. No. 220, 1992
am. No. 97, 2001; No 61, 2016
s. 226 ............................................. ad. No. 51, 1982

Endnotes
am. No. 104, 1987; No. 59, 1989; No. 24, 1992
rs. No. 220, 1992
am. No. 97, 2001; No 61, 2016
s. 227 ............................................. ad. No. 104, 1987
am. No. 59, 1989; No. 24, 1992
rs. No. 220, 1992
am. No. 97, 2001; No 61, 2016
s. 228 ............................................. rs. No. 10, 1966
am. No. 117, 1979; No. 59, 1989; Nos. 24 and 220, 1992; No. 97,
2001; No 61, 2016
Division 12
Division 12 heading ....................... rs. No. 117, 1979; No. 10, 2013
Subdivision A
Subdivision A heading ................... ad. No. 196, 1991
rs. No. 50, 2010
s. 228A........................................... ad. No. 160, 1999
s 228B ............................................ ad No 135, 2011
am No 135, 2014
s. 229 ............................................. ad. No. 59, 1989
am. No. 86, 1991; No. 184, 1992; No. 60, 1994; No. 160, 1999;
No. 97, 2001; No. 73, 2007; No. 85, 2008; No 4, 2016; No 61,
2016
s. 230 ............................................. am. No. 10, 1966; No. 117, 1979; No. 112, 1983; Nos. 22 and 123,
1984; No. 59, 1989; Nos. 24 and 184, 1992; No 61, 2016
rs. No. 184, 1992
am. No. 160, 1999; No. 97, 2001; No 4, 2016
s. 231 ............................................. ad. No. 184, 1992
s 232 .............................................. am No 10, 1966; No 112, 1983; No 59, 1989; No 24, 1992; No
184, 1992; No 60, 1994; No 160, 1999; No 97, 2001; No 85, 2008;
No 4, 2016
s. 232A........................................... ad. No. 89, 1999
am. No. 160, 1999; No. 126, 2001; No. 85, 2008

Endnotes
rep. No. 50, 2010

s 233 .............................................. am No 10, 1966; No 117, 1979; No 112, 1983; No 123, 1984;
No 59, 1989; No 24, 1992; No 184, 1992; No 89, 1999; No 97,
2001; No 85, 2008
rep No 50, 2010
s. 233A........................................... ad. No. 89, 1999
am No. 126, 2001
rs. No. 50, 2010
s. 233B ........................................... ad. No. 126, 2001
rs. No. 50, 2010
am. No. 6, 2013
s. 233C ........................................... ad. No. 126, 2001
am. No. 41, 2003
rs. No. 50, 2010
s 233D............................................ ad No 50, 2010
s 233E ............................................ ad No 50, 2010
s. 234 ............................................. am. No. 10, 1966; Nos. 117 and 118, 1979; No. 175, 1980;
No. 112, 1983; No. 59, 1989; Nos. 24 and 184, 1992; No. 60,
1994; No. 89, 1999; No. 50, 2010
s. 234A........................................... ad. No. 50, 2010
s 235 .............................................. ad No 117, 1979
am No 112, 1983; No 86, 1987; No 59, 1989 (as am by No 159,
1989); No 24, 1992; No 184, 1992; No 113, 1998; No 97, 2001;
No 7, 2007; No 61, 2016
rep No 1, 2024
s. 236 ............................................. ad. No. 213, 1992
am. No. 89, 1999
rs. No. 97, 2001
am No 4, 2016
s. 236A........................................... ad. No. 50, 2010
rs. No. 74, 2013
s. 236B ........................................... ad. No. 50, 2010

Endnotes
s. 236C ........................................... ad. No. 74, 2013

s. 236D........................................... ad. No. 74, 2013
s. 236E ........................................... ad. No. 74, 2013
am No 74, 2013
s. 236F ........................................... ad. No. 74, 2013
Subdivision B
Subdivision B ................................ ad. No. 196, 1991 (as am. by No. 175, 1992)
ss. 237, 238 .................................... ad. No. 196, 1991
am. No. 184, 1992; No. 144, 2008
s. 239 ............................................. ad. No. 196, 1991
s. 240 ............................................. ad. No. 196, 1991
am. No. 184, 1992; No. 97, 2001; No 61, 2016
s. 241 ............................................. ad. No. 196, 1991
am. No. 184, 1992; No. 97, 2001; No. 144, 2008; No 61, 2016
s. 242 ............................................. ad. No. 196, 1991
am. No. 184, 1992; No. 97, 2001
rep. No. 144, 2008
s. 243 ............................................. ad. No. 196, 1991
am. No. 184, 1992; No. 144, 2008
s. 244 ............................................. ad. No. 196, 1991
am. No. 184, 1992
rep. No. 144, 2008
s. 245 ............................................. ad. No. 196, 1991
am. No. 97, 2001; No. 144, 2008; No 61, 2016
Subdivision C
Subdivision C heading ................... rs. No. 10, 2013
Subdivision C ................................ ad. No. 7, 2007
s 245AA ......................................... ad No 7, 2007
am No 6, 2013; No 10, 2013; No 1, 2024
s 245AAA ad No 1, 2024
s 245AAB ad No 1, 2024

Endnotes
s 245AAC ad No 1, 2024
s 245AB ......................................... ad No 7, 2007
rs No 10, 2013
am No 1, 2024
s 245AC ......................................... ad No 7, 2007
rs No 10, 2013
am No 1, 2024
s 245AD ......................................... ad No 7, 2007
rs No 10, 2013
am No 1, 2024
s 245AE ......................................... ad No 7, 2007
rs No 10, 2013
am No 1, 2024
s 245AEA ...................................... ad No 10, 2013
am No 1, 2024
s 245AEB....................................... ad No 10, 2013
am No 1, 2024
s. 245AF ........................................ ad. No. 7, 2007
s. 245AG ........................................ ad. No. 7, 2007
am. Nos. 6 and 10, 2013
s 245AGA ad No 1, 2024
s. 245AH ........................................ ad. No. 7, 2007
rs. No. 6, 2013
s. 245AI ......................................... ad. No. 7, 2007
rep. No. 6, 2013
s. 245AJ ......................................... ad. No. 7, 2007
rs. No. 10, 2013
s 245AK ......................................... ad No 7, 2007
rs No 10, 2013
am No 1, 2024
s. 245AL ........................................ ad. No. 10, 2013

Endnotes
s 245ALA ...................................... ad No 1, 2024

s. 245AM ....................................... ad. No. 10, 2013
s. 245AN ........................................ ad. No. 10, 2013
s. 245AO ........................................ ad. No. 10, 2013
s. 245AP ........................................ ad. No. 10, 2013
s 245APA....................................... ad No 1, 2024
Subdivision D
Subdivision D ................................ ad No 161, 2015
s 245AQ ......................................... ad No 161, 2015
am No 162, 2018
s 245AR ......................................... ad No 161, 2015
s 245AS ......................................... ad No 161, 2015
s 245AT ......................................... ad No 161, 2015
s 245AU ......................................... ad No 161, 2015
s 245AV ......................................... ad No 161, 2015
s 245AW ........................................ ad No 161, 2015
s 245AX ......................................... ad No 161, 2015
s 245AY ......................................... ad No 161, 2015
Subdivision E
Subdivision E ................................. ad No 1, 2024
s 245AYAA ................................... ad No 1, 2024
s 245AYA ...................................... ad No 1, 2024
s 245AYB ...................................... ad No 1, 2024
s 245AYC ...................................... ad No 1, 2024
s 245AYD ...................................... ad No 1, 2024
s 245AYE ...................................... ad No 1, 2024
s 245AYF....................................... ad No 1, 2024
s 245AYG ...................................... ad No 1, 2024
s 245AYH ...................................... ad No 1, 2024
s 245AYI ....................................... ad No 1, 2024
s 245AYJ ....................................... ad No 1, 2024

Endnotes
s 245AYK ...................................... ad No 1, 2024

s 245AYL ...................................... ad No 1, 2024
s 245AYM ..................................... ad No 1, 2024
s 245AYN ...................................... ad No 1, 2024
s 245AYO ...................................... ad No 1, 2024
Subdivision F
Subdivision F ................................. ad No 1, 2024
s 245AYP....................................... ad No 1, 2024
Division 12A
Division 12A heading .................... rs No 16, 2013
Division 12A.................................. ad. No. 160, 1999
s. 245A........................................... ad. No. 160, 1999
am. No. 46, 2011; No 16, 2013
s. 245B ........................................... ad. No. 160, 1999
am. Nos. 97 and 126, 2001; No. 25, 2004
rep No 16, 2013
s. 245C ........................................... ad. No. 160, 1999
rep No 16, 2013
s. 245D........................................... ad. No. 160, 1999
rep No 16, 2013
s. 245E ........................................... ad. No. 160, 1999
am. No. 97, 2001
s. 245F ........................................... ad. No. 160, 1999
am. Nos. 97 and 126, 2001; No. 25, 2004; No 16, 2013
s. 245FA ........................................ ad. No. 126, 2001
am No 16, 2013
s. 245FB......................................... ad. No. 126, 2001
rep No 16, 2013
s. 245G........................................... ad. No. 160, 1999
rep No 16, 2013
s. 245H........................................... ad. No. 160, 1999

Endnotes
am. No. 126, 2001

rep No 16, 2013
Division 12B
Division 12B .................................. ad. No. 64, 2002
s. 245I ............................................ ad. No. 64, 2002
am No 116, 2014
s. 245J ............................................ ad. No. 64, 2002
am. No. 141, 2005; No. 85, 2008; No 116, 2014
s. 245K........................................... ad. No. 64, 2002
am. No. 141, 2005; No. 85, 2008; No 116, 2014
s. 245L ........................................... ad. No. 64, 2002
am. No. 85 and 159, 2008; No. 33, 2009; No 116, 2014
s 245LA ......................................... ad No 116, 2014
s 245LB ......................................... ad No 116, 2014
am No 41, 2015
s. 245M .......................................... ad. No. 64, 2002
am No 116, 2014
s. 245N........................................... ad. No. 64, 2002
am. No. 85, 2008; No 116, 2014
Division 13
Division 13 heading ....................... rs No 115, 2015
s. 247 ............................................. am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989;
No. 24, 1992; No. 60, 1994; No. 97, 2001; No 41, 2015
s. 248 ............................................. am. No. 112, 1983; No. 59, 1989
s. 249 ............................................. am. No. 112, 1983; No. 59, 1989; No. 184, 1992; No. 102, 1995;
No. 160, 1999
s. 250 ............................................. am. No. 117, 1979; No. 51, 1982; No. 112, 1983; No. 59, 1989 (as
am. by No. 159, 1989); No. 86, 1991; No. 102, 1995
rs. No. 184, 1992
am. No. 60, 1994

Endnotes
s. 251 ............................................. am. No. 10, 1966; No. 117, 1979; No. 51, 1982; No. 112, 1983;
No. 104, 1987; No. 59, 1989; Nos. 24 and 184, 1992; No. 59,
1993; No. 160, 1999; No. 97, 2001; No 16, 2013; No 41, 2015; No
61, 2016
s. 252 ............................................. ad. No. 59, 1989
am. No. 184, 1992; No. 60, 1994; No. 160, 1999; No. 105, 2001;
No 16, 2013
s. 252AA ........................................ ad. No. 105, 2001
s. 252A........................................... ad. No. 105, 2001
am No 31, 2014; No 41, 2015
s. 252B ........................................... ad. No. 105, 2001
s. 252C ........................................... ad. No. 105, 2001
s. 252D........................................... ad. No. 105, 2001
s. 252E ........................................... ad. No. 105, 2001
s. 252F ........................................... ad. No. 105, 2001
s. 252G........................................... ad. No. 85, 2001
s. 253 ............................................. am. No. 117, 1979; No. 112, 1983; No. 59, 1989 (as am. by
No. 159, 1989); Nos. 24 and 184, 1992; No. 113, 1998; No 41,
2015
s. 254 ............................................. ad. No. 59, 1989
am. No. 24, 1992; No. 60, 1994; No. 28, 2000; No 41, 2015
s. 255 ............................................. am. No. 112, 1983; No. 59, 1989; No. 60, 1994
s. 256 ............................................. am. No. 59, 1989; No. 184, 1992; No. 89, 1999
s. 257 ............................................. am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989;
Nos. 24 and 184, 1992; No. 97, 2001
s 257A............................................ ad No 115, 2015
s. 258 ............................................. am. No. 59, 1989; No. 184, 1992
rs. No. 2, 2004
am. No. 141, 2005; No 116, 2014
rs No 115, 2015
s. 258A........................................... ad. No. 2, 2004
am No 116, 2014; No 115, 2015

Endnotes
s. 258B ........................................... ad. No. 2, 2004

am No 116, 2014; No 115, 2015
s. 258C ........................................... ad. No. 2, 2004
am. No. 62, 2007; No 116, 2014
rep No 115, 2015
s 258D...................................... ad. No. 2, 2004
am No 116, 2014; No 115, 2015
s. 258E ........................................... ad. No. 2, 2004
am No 116, 2014; No 115, 2015
s. 258F ........................................... ad. No. 2, 2004
rs No 115, 2015
s. 258G........................................... ad. No. 2, 2004
s. 259 ............................................. am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989;
No. 24, 1992; No. 184, 1992 (as am. by No. 43, 1996); No. 97,
2001; No 41, 2015; No 61, 2016
s. 260 ............................................. am. No. 112, 1983; No. 59, 1989; No. 60, 1994; No. 85, 1995;
No. 160, 1999; No 41, 2015
s. 261 ............................................. ad. No. 184, 1992
am. No. 160, 1999; No 41, 2015
Division 13AA
Division 13AA ............................... ad. No. 2, 2004
Subdivision A
s 261AA ......................................... ad No 2, 2004
am No 115, 2015
s 261AB ......................................... ad No 2, 2004
am No 115, 2015
s 261AC ......................................... ad No 2, 2004
Subdivision B
s. 261AD ........................................ ad. No. 2, 2004
s. 261AE ........................................ ad. No. 2, 2004
am No 41, 2015

Endnotes
s. 261AF ........................................ ad. No. 2, 2004

s. 261AG ........................................ ad. No. 2, 2004
s. 261AH ........................................ ad. No. 2, 2004
s. 261AI ......................................... ad. No. 2, 2004
s. 261AJ ......................................... ad. No. 2, 2004
s. 261AK ........................................ ad. No. 2, 2004
am No 31, 2014; No 41, 2015
Subdivision C
s 261AKA ...................................... ad. No. 2, 2004
s 261AKB ...................................... ad. No. 2, 2004
s 261AKC ...................................... ad. No. 2, 2004
am No 41, 2015
s. 261AKD ..................................... ad. No. 2, 2004
am. No. 51, 2010; No 60, 2015
ed C141
ss. 261AKE–261AKH.................... ad. No. 2, 2004
Division 13AB
Division 13AB ............................... ad. No. 2, 2004
s. 261AL ........................................ ad. No. 2, 2004
am No 116, 2014; No 115, 2015
s. 261AM ....................................... ad. No. 2, 2004
am No 116, 2014; No 115, 2015
Division 13A
Division 13A.................................. ad. No. 160, 1999
Subdivision A
s. 261A........................................... ad. No. 160, 1999
Subdivision B
s. 261B ........................................... ad. No. 160, 1999
Subdivision C
s 261C ............................................ ad. No. 160, 1999
s 261D............................................ ad. No. 160, 1999

Endnotes
am No 41, 2015
s 261E ............................................ ad. No. 160, 1999
am No 41, 2015
s 261F ............................................ ad. No. 160, 1999
am No 41, 2015
s 261G............................................ ad. No. 160, 1999
am No 41, 2015
s 261H............................................ ad. No. 160, 1999
am No 41, 2015
s 261I ............................................. ad. No. 160, 1999
Subdivision D
s. 261J ............................................ ad. No. 160, 1999
am No 16, 2013
Subdivision E
s. 261K........................................... ad. No. 160, 1999
Division 14
Division 14 .................................... ad. No. 84, 1992
s. 262 ............................................. ad. No. 84, 1992
am. No. 184, 1992; No. 160, 1999; No. 85, 2009; No 106, 2014
s 263 .............................................. ad. No. 84, 1992
am No 41, 2015
s 264 .............................................. ad. No. 84, 1992
am No 41, 2015
s 265 .............................................. ad. No. 84, 1992
s 266 .............................................. ad. No. 84, 1992
am No 41, 2015
s 267 .............................................. ad. No. 84, 1992
am No 41, 2015; No 67, 2016
s 268 .............................................. ad. No. 84, 1992
Division 14A
Division 14A.................................. ad. No. 168, 2000

Endnotes
Subdivision A
s. 268AA ........................................ ad. No. 168, 2000
am. No. 73, 2008
s. 268AB ........................................ ad. No. 168, 2000
s. 268AC ........................................ ad. No. 168, 2000
rep. No. 97, 2001
s. 268AD ........................................ ad. No. 168, 2000
Subdivision B
s 268BA ......................................... ad. No. 168, 2000
am No 41, 2015
s 268BB ......................................... ad. No. 168, 2000
s 268BC ......................................... ad. No. 168, 2000
am No 41, 2015
s 268BD ......................................... ad. No. 168, 2000
am No 41, 2015
s 268BE ......................................... ad. No. 168, 2000
s. 268BH ........................................ ad. No. 168, 2000
am. No. 97, 2001; No 4, 2016; No 61, 2016
s. 268BI.......................................... ad. No. 168, 2000
am No. 97, 2001; No 4, 2016; No 61, 2016
s. 268BJ ......................................... ad. No. 168, 2000
am. No. 85, 2008; No. 97, 2001; No 4, 2016; No 61, 2016
s 268BK ......................................... ad. No. 168, 2000
s 268BL ......................................... ad. No. 168, 2000
s 268BM ........................................ ad. No. 168, 2000
s 268BN ......................................... ad. No. 168, 2000
am No 41, 2015
s 268BO ......................................... ad. No. 168, 2000
s. 268BP......................................... ad. No. 168, 2000
am. No. 58, 2001
s. 268BQ ........................................ ad. No. 168, 2000

Endnotes
Subdivision C
s 268CA ......................................... ad No 168, 2000
s 268CB ......................................... ad No 168, 2000
s 268CC ......................................... ad No 168, 2000
s 268CD ......................................... ad No 168, 2000
s 268CE ......................................... ad No 168, 2000
s 268CF.......................................... ad No 168, 2000
s 268CG ......................................... ad No 168, 2000
s 268CH ......................................... ad No 168, 2000
s 268CI........................................... ad No 168, 2000
s 268CJ .......................................... ad No 168, 2000
am No 4, 2016
s 268CK ......................................... ad No 168, 2000
am No 4, 2016
s. 268CL ........................................ ad. No. 168, 2000
am. No. 97, 2001; No 4, 2016; No 61, 2016
s. 268CM ....................................... ad. No. 168, 2000
am. No. 85, 2008; No. 97, 2001; No 4, 2016; No 61, 2016
s. 268CN ........................................ ad. No. 168, 2000
am. No. 85, 2008; No. 97, 2001; No 4, 2016; No 61, 2016
ss. 268CO–268CU ......................... ad. No. 168, 2000
s. 268CV ........................................ ad. No. 168, 2000
am No. 97, 2001; No 4, 2016; No 61, 2016
ss. 268CW–268CZ ......................... ad. No. 168, 2000
s. 268CZA...................................... ad. No. 168, 2000
am. No. 97, 2001; No 41, 2015; No 4, 2016; No 61, 2016
ss. 268CZB–268CZH..................... ad. No. 168, 2000
Division 15
s. 269 ............................................. am. No. 85, 2008
s. 270 ............................................. ad. No. 10, 1966
am No 61, 2016

Endnotes
s. 271 ............................................. am. No. 87, 1964; No. 10, 1966; No. 175, 1980; No. 168, 1986;
No. 133, 1987; No. 151, 1988; No. 59, 1989 (as am. by No. 159,
1989); Nos. 184 and 220, 1992; No. 60, 1994; No. 113, 1998;
No. 160, 1999; No. 58, 2001; No. 10, 2013; No 60, 2015; No 61,
2016
ed C133
s. 272 ............................................. am. No. 112, 1983
s. 273 ............................................. ad. No. 59, 1989
am. No. 184, 1992
s 274 .............................................. ad No 59, 1989
am No 184, 1992; No 60, 1994; No 41, 2015; No 74, 2023
Part 3
Part 3.............................................. ad. No. 85, 1992
Division 1
s 275 .............................................. ad No 85, 1992
am No 184, 1992; No 60, 1994; No 205, 1997; No 113, 1998;
No 146, 1999; No 168, 2000; No 48, 2004; No 159, 2008; No 135,
2014; No 60, 2015; No 71, 2020
s 276 .............................................. ad No 85, 1992
am No 60, 1994; No 205, 1997; No 35, 2002; No 48, 2004; No 79,
2005; No 60, 2015; No 71, 2020
s 277 .............................................. ad No 85, 1992
am No 60, 1994; No 205, 1997; No 48, 2004; No 79, 2005; No 60,
2015
rep No 71, 2020
s. 278 ............................................. ad. No. 85, 1992
am. No. 48, 2004
s 278A............................................ ad No 71, 2020
s 279 .............................................. ad No 85, 1992
am No 205, 1997; No 71, 2020
s. 279A........................................... ad. No. 205, 1997
rep. No. 97, 2001

Endnotes
Division 2
s 280 .............................................. ad No 85, 1992
am No 150, 1997; No 205, 1997; No 97, 2001; No 48, 2004; No
71, 2020
s 281 .............................................. ad No 85, 1992
am No 205, 1997; No 48, 2004; No 205, 1997; No 97, 2001; No
71, 2020
s 282 .............................................. ad No 85, 1992
am No 60, 1994; No 205, 1997; No 97, 2001; No 35, 2002; No 48,
2004; No 79, 2005; No 60, 2015; No 71, 2020
s. 283 ............................................. ad. No. 85, 1992
am. No. 205, 1997; No. 97, 2001; No. 48, 2004
s 284 .............................................. ad No 85, 1992
am No 205, 1997; No 97, 2001; No 48, 2004; No 71, 2020
s 285 .............................................. ad No 85, 1992
am No 205, 1997; No 97, 2001; No 48, 2004; No 71, 2020
Division 3
s 286 .............................................. ad No 85, 1992
rep No 71, 2020
s. 287 ............................................. ad. No. 85, 1992
am. No. 205, 1997; No. 48, 2004
s 288 .............................................. ad No 85, 1992
am No 205, 1997
rs No 48, 2004
am No 71, 2020
s 288A............................................ ad No 48, 2004
s 288B ............................................ ad No 48, 2004
rs No 71, 2020
s 289 .............................................. ad No 85, 1992
am No 110, 1995
rs No 205, 1997

Endnotes
am No 205, 1997; No 35, 2002; No 48, 2004; No 71, 2020

s 289A............................................ ad No 48, 2004
rs No 71, 2020
s 289B ............................................ ad No 71, 2020
s. 290 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 48, 2004
s 290A............................................ ad No 205, 1997
am No 48, 2004
rs No 71, 2020
s. 290B ........................................... ad. No. 48, 2004
s. 291 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 48, 2004
s. 291A........................................... ad. No. 48, 2004
s 292 .............................................. ad No 85, 1992
rs No 205, 1997; No 48, 2004
am No 71, 2020
s 292A............................................ ad No 35, 2002
am No 48, 2004; No 71, 2020
s. 292B ........................................... ad. No. 48, 2004
s. 293 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
s. 294 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 48, 2004
s. 295 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
ss. 296–298 .................................... ad. No. 85, 1992
rep. No. 205, 1997
s 299 .............................................. ad No 85, 1992

Endnotes
am No 205, 1997; No 35, 2002; No 48, 2004

rs No 71, 2020
s. 300 ............................................. ad. No. 85, 1992
am. No. 205, 1997
rep. No. 205, 1997
ad. No. 35, 2002
rs. No. 48, 2004
s. 301 ............................................. ad. No. 85, 1992
am. No. 110, 1995; No. 205, 1997
rs. No. 205, 1997
am. No. 48, 2004
s. 302 ............................................. ad. No. 85, 1992
am. No. 205, 1997; No. 48, 2004
s 302A............................................ ad No 71, 2020
s 303 .............................................. ad No 85, 1992
am No 205, 1997; No 48, 2004; No 71, 2020
s. 304 ............................................. ad. No. 85, 1992
am. No. 205, 1997; No. 48, 2004
s. 304A........................................... ad. No. 48, 2004
s. 305 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 175, 1999
rs. No. 48, 2004
s. 305A........................................... ad. No. 175, 1999
rs. No. 48, 2004
s 305B ............................................ ad No 48, 2004
am No 71, 2020
s 305C ............................................ ad No 48, 2004
s. 306 ............................................. ad. No. 85, 1992
am. No. 205, 1997
s. 306AA ........................................ ad. No. 48, 2004

Endnotes
Division 3AA................................. ad No 48, 2004

rep No 71, 2020
s 306AB ......................................... ad No 48, 2004
rep No 71, 2020
s 306AC ......................................... ad No. 48, 2004
rep No 71, 2020
s 306AD ......................................... ad No 48, 2004
am No 141, 2005
rep No 71, 2020
s 306AE ......................................... ad No 48, 2004
rep No 71, 2020
s 306AF ......................................... ad No 48, 2004
rep No 71, 2020
s 306AG ......................................... ad No 48, 2004
rep No 71, 2020
s 306AGAA ................................... ad No 48, 2004
rep No 71, 2020
s 306AGAB ................................... ad No 48, 2004
rep No 71, 2020
s 306AGAC ................................... ad No 48, 2004
rep No 71, 2020
s 306AGA ...................................... ad No 48, 2004
rep No 71, 2020
s 306AJ .......................................... ad No 48, 2004
rep No 71, 2020
s 306AK ......................................... ad No 48, 2004
rep No 71, 2020
s 306AL ......................................... ad No 48, 2004
rep No 71, 2020
s 306AM ........................................ ad No 48, 2004
rep No 71, 2020

Endnotes
am No 71, 2020 (amdts never applied (Sch 1items 20, 21))

Division 3A
Division 3A heading ...................... rs. No. 48, 2004
Division 3A.................................... ad. No. 175, 1999
s 306A............................................ ad No 175, 1999
am No 48, 2004; No 71, 2020
s 306B ............................................ ad No 175, 1999
am No 48, 2004; No 71, 2020
s 306C ............................................ ad No 175, 1999
rs No 48, 2004; No 71, 2020
s. 306D........................................... ad. No. 175, 1999
am. No. 48, 2004
s. 306E ........................................... ad. No. 175, 1999
am. No. 48, 2004
s. 306F ........................................... ad. No. 175, 1999
am. No. 48, 2004
s. 306G........................................... ad. No. 175, 1999
s. 306H........................................... ad. No. 175, 1999
am. No. 97, 2001; No. 48, 2004; No 4, 2016
s. 306J ............................................ ad. No. 175, 1999
rs. No. 48, 2004
s. 306K........................................... ad. No. 175, 1999
am. No. 48, 2004
s. 306L ........................................... ad. No. 175, 1999
Division 4
s. 307 ............................................. ad. No. 85, 1992
rep. No. 205, 1997
s. 308 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 137, 2000; No. 48, 2004

Endnotes
s. 309 ............................................. ad. No. 85, 1992

am. No. 205, 1997; No. 48, 2004
s. 310 ............................................. ad. No. 85, 1992
am. No. 205, 1997
s. 311 ............................................. ad. No. 85, 1992
am. No. 205, 1997
Division 4A
Division 4A heading ...................... rs. No. 48, 2004
Division 4A.................................... ad. No. 35, 2002
Subdivision A heading ................... ad No 48, 2004
rep No 71, 2020
s. 311A........................................... ad. No. 35, 2002
am. No. 48, 2004
ss. 311B, 311C ............................... ad. No. 35, 2002
rs. No. 48, 2004
s. 311D........................................... ad. No. 35, 2002
am. No. 48, 2004
s. 311E ........................................... ad. No. 35, 2002
s. 311EA ........................................ ad. No. 48, 2004
s. 311F ........................................... ad. No. 35, 2002
Subdivision B ................................ ad No 48, 2004
rep No 71, 2020
s 311G............................................ ad No 48, 2004
rep No 71, 2020
s 311H............................................ ad No 48, 2004
rep No 71, 2020
s 311J ............................................. ad No 48, 2004
rep No 71, 2020
s 311K............................................ ad No 48, 2004
rep No 71, 2020
s 311L ............................................ ad No 48, 2004

Endnotes
rep No 71, 2020

s 311M ........................................... ad No 48, 2004
rep No 71, 2020
s 311P ............................................ ad No 48, 2004
rep No 71, 2020
Division 5
s 312 .............................................. ad No 85, 1992
am No 205, 1997; No 97, 2001; No 48, 2004; No 8, 2007; No 71,
2020
s 312A............................................ ad No 48, 2004
s 312B ............................................ ad No 48, 2004
s 313 .............................................. ad No 85, 1992
am No 60, 1994; No 205, 1997; No 48, 2004; No 71, 2020
s. 314 ............................................. ad. No. 85, 1992
am. No. 48, 2004
Division 6
s 315 .............................................. ad No 85, 1992
rs No 205, 1997; No 71, 2020
s 316 .............................................. ad No 85, 1992
am No 205, 1997; No 175, 1999; No 35, 2002; No 48, 2004; No
71, 2020
s. 317 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
s. 318 ............................................. ad. No. 85, 1992
rs. No. 205, 1997
am. No. 35, 2002; No. 48, 2004
s 319 .............................................. ad No 85, 1992
rs No 205, 1997
am No 35, 2002; No 48, 2004; No 71, 2020

Endnotes
s 319A............................................ ad No 48, 2004

rep No 71, 2020
s 320 .............................................. ad No 85, 1992
rs No 205, 1997
2008; No 71, 2020
s 321 .............................................. ad No 85, 1992
rs No 205, 1997
am No 159, 2008
rep No 71, 2020
s 321A............................................ ad No 48, 2004
am No 159, 2008; No 71, 2020
s 322 .............................................. ad No 85, 1992
rs No 205, 1997
rep No 71, 2020
ss. 323–332 .................................... ad. No. 85, 1992
rep. No. 205, 1997
Division 6A
Division 6A heading ...................... rs. No. 205, 1997; No. 48, 2004
Division 6A.................................... ad. No. 205, 1997
s. 332A........................................... ad. No. 205, 1997
am. No. 205, 1997
rs. No. 48, 2004
am. No. 141, 2005
s 332B ............................................ ad No 205, 1997
am No 205, 1997; No 48, 2004
rep No 71, 2020
Division 7
rs. No. 25, 1996; Nos. 92 and 205, 1997; No. 175, 1999
rep. No. 3, 2003

Endnotes
ad. No. 48, 2004

Division 7 ...................................... rep. No. 3, 2003
ad. No. 48, 2004
s 332C ............................................ ad No 48, 2004
s 332D............................................ ad No 48, 2004
am No 71, 2020
s 332E ............................................ ad No 48, 2004
am No 71, 2020
s 332F ............................................ ad No 48, 2004
am No 159, 2008; No 71, 2020
s 332G............................................ ad No 48, 2004
am No 159, 2008
s. 332H........................................... ad. No. 48, 2004
am No 31, 2014
s. 333 ............................................. am. No. 100, 1995; No. 25, 1996; Nos. 92 and 205, 1997; No. 175,
1999
rep. No. 3, 2003
Division 8
Division 8 ...................................... ad No 71, 2020
s 333 .............................................. ad No 71, 2020
s 333A............................................ ad No 71, 2020
s 333B ............................................ ad No 71, 2020
s 333C ............................................ ad No 71, 2020
s 333D............................................ ad No 71, 2020
s 333E ............................................ ad No 71, 2020
Part 4
Part 4.............................................. ad. No. 85, 1992
s. 334 ............................................. ad. No. 85, 1992
rs. No. 97, 2001
am No 4, 2016
s 335 .............................................. ad. No. 85, 1992

Endnotes
s 336 .............................................. ad. No. 85, 1992

Part 4A
Part 4A ........................................... ad. No. 2, 2004
Division 1
s. 336A........................................... ad. No. 2, 2004
am. No. 63, 2007; No. 69, 2009
s. 336B ........................................... ad. No. 2, 2004
Division 2
s. 336C ........................................... ad. No. 2, 2004
am. No. 63, 2007
s. 336D........................................... ad. No. 2, 2004
am. No. 63, 2007; No 116, 2014; No 41, 2015
Division 3
s. 336E ........................................... ad. No. 2, 2004
am. No. 141, 2005; No. 63, 2007; No. 51, 2010; Nos. 7 and 113,
2012; No 116, 2014; No 60, 2015; No 67, 2016
s. 336F ........................................... ad. No. 2, 2004
am. No. 121, 2011; No. 113, 2012; No. 35, 2013; No 135, 2014;
No 41, 2015
s. 336FA ........................................ ad. No. 141, 2005
am. No. 69, 2009
s. 336FB......................................... ad. No. 141, 2005
am. No. 159, 2008; No. 69, 2009
s. 336FC......................................... ad. No. 141, 2005
am. No. 159, 2008; No 41, 2015
s. 336FD ........................................ ad. No. 141, 2005
am. No. 159, 2008; No 197, 2012
Division 4
ss. 336G, 336H .............................. ad. No. 2, 2004
s. 336J ............................................ ad. No. 2, 2004
Division 5

Endnotes
ss. 336K, 336L ............................... ad. No. 2, 2004

Part 5
Part 5 heading ................................ rs No 60, 2015
Part 5.............................................. ad. No. 59, 1989
Division 1
Division 1 ...................................... ad No 184, 1992
s 336M ........................................... ad No 60, 2015
am No 60, 2015
s 336N............................................ ad No 60, 2015
s 337 .............................................. rs No 184, 1992
am No 60, 1994; No 110, 1995; No 113, 1998; No 34, 1999;
No 85, 2008; No 35, 2015; No 60, 2015
Division 2
Division 2 heading ......................... rs No 60, 2015
Division 2 ...................................... ad No 184, 1992
rs No 113, 1998
s 338 .............................................. ad No 184, 1992
am No 60, 1994
rs No 113, 1998
am No 34, 1999; No 28, 2000; No 168, 2000; No 99, 2003;
No 144, 2008; No 129, 2014; No 135, 2014; No 60, 2015; No 90,
2018; No 93, 2023
s. 339 ............................................. ad. No. 184, 1992
am. No. 60, 1994
rs. No. 113 and 114, 1998
am No 60, 2015
s 340 .............................................. ad No 184, 1992
rep No 113, 1998
s 341 .............................................. ad No 184, 1992
rep No 113, 1998
s. 342 ............................................. ad. No. 60, 1994

Endnotes
rep. No. 113, 1998

s 343 .............................................. ad No 184, 1992
am No 60, 1994
rep No 113, 1998
s 344 .............................................. ad No 184, 1992
am No 60, 1994
rep No 113, 1998
s. 345 ............................................. ad. No. 184, 1992
rep. No. 113, 1998
Division 3
Division 3 heading ......................... rs. No. 113, 1998; No 60, 2015
Division 3 ...................................... ad. No. 184, 1992
s. 346 ............................................. rs. No. 184, 1992
am. No. 60, 1994
rep. No. 113, 1998
s. 347 ............................................. rs. No. 184, 1992
am. No. 60, 1994; No. 113, 1998; Nos. 28 and 168, 2000; No. 144,
2008; No 60, 2015
s. 348 ............................................. rs. No. 184, 1992
am. No. 113, 1998; No 60, 2015
s 349 .............................................. rs No 184, 1992
am No 113, 1998; No 35, 2015; No 60, 2015
s. 350 ............................................. rs. No. 184, 1992
am. No. 60, 1994
s. 351 ............................................. rs. No. 184, 1992
s. 352 ............................................. ad. No. 59, 1989
rs. No. 184, 1992
am. No. 60, 1994; No. 113, 1998; No 60, 2015
Division 4
s. 353 ............................................. ad. No. 59, 1989

Endnotes
am No 60, 2015
s 353A............................................ ad No 110, 1995
am No 113, 1998; No 35, 2015
rep No 60, 2015
s 353B ............................................ ad No 35, 2015
am No 60, 2015
s. 354 ............................................. ad. No. 59, 1989
am. No. 85, 2008
rep No 60, 2015
s. 355 ............................................. ad. No. 59, 1989
am No. 113, 1998; No 30, 2014
rep No 60, 2015
s. 355A........................................... ad. No. 113, 1998
am No 30, 2014
rep No 60, 2015
s. 356 ............................................. ad. No. 59, 1989
rep No 60, 2015
s. 357 ............................................. ad. No. 59, 1989
am. No. 85, 2008
rep No 60, 2015
Division 5
s. 357A........................................... ad. No. 60, 2002
am. No. 100, 2007
s. 358 ............................................. ad. No. 59, 1989
am. No. 110, 1995
s 359 .............................................. ad No 59, 1989
rs No 113, 1998
am No 58, 2001; No 10, 2009
s 359AA ......................................... ad No 100, 2007
am No 35, 2015

Endnotes
s 359A............................................ ad No 113, 1998

am No.58, 2001; No 100, 2007; No 35, 2015
s 359B ............................................ ad No 113, 1998
am No 100, 2007; No 10, 2009
s 359C ............................................ ad No 113, 1998
am No 100, 2007; No 10, 2009
s. 360 ............................................. ad. No. 59, 1989
am. No. 110, 1995
rs. No. 113, 1998
s. 360A........................................... ad. No. 113, 1998
am. No. 58, 2001
s 361 .............................................. ad No 59, 1989
am No 60, 1994; No 110, 1995; No 113, 1998; No 60, 2015
s. 362 ............................................. ad. No. 60, 1994
am. No. 113, 1998; No 60, 2015
s. 362A........................................... ad. No. 110, 1995
rs. No. 113, 1998
s 362B ............................................ ad No 113, 1998
am No 35, 2015
s 362C ............................................ ad No 35, 2015
s. 363 ............................................. ad. No. 59, 1989
am. No. 110, 1995; No 60, 2015
s. 363A........................................... ad. No. 110, 1995
s. 364 ............................................. ad. No. 59, 1989
am. No. 146, 1999
rs No 60, 2015
s. 365 ............................................. ad. No. 59, 1989
am. No. 60, 1994; No. 113, 1998
s. 366 ............................................. ad. No. 60, 1994
am. No. 113, 1998
ss. 366A–366D .............................. ad. No. 110, 1995

Endnotes
s. 367 ............................................. ad. No. 60, 1994

am. No. 113, 1998; No 60, 2015
Division 6
s 368 .............................................. ad No 59, 1989
am No 110, 1995; No 113, 1998; No 85, 2008; No 30, 2014;
No 35, 2015
s. 368A........................................... ad. No. 113, 1998
am. No. 58, 2001
rs. No. 85, 2008
s. 368B ........................................... ad. No. 113, 1998
am. No. 58, 2001
rep. No. 85, 2008
s. 368C ........................................... ad. No. 113, 1998
rep. No. 85, 2008
s. 368D........................................... ad. No. 113, 1998
am. No. 85, 2008
rs No 30, 2014; No 35, 2015
s. 369 ............................................. ad. No. 59, 1989
rs. No. 113, 1998
rep No 60, 2015
Division 7
Division 7 ...................................... rs No 60, 2015
s. 370 ............................................. ad. No. 59, 1989
am. No. 24, 1992; No. 113, 1998; No. 97, 2001
rs No 60, 2015
s. 371 ............................................. ad. No. 59, 1989
am. No. 24, 1992; No. 97, 2001
rs No 60, 2015
s. 372 ............................................. ad. No. 59, 1989
am. No. 24, 1992

Endnotes
rep No 60, 2015

Division 8
s. 373 ............................................. ad. No. 59, 1989
am. No. 184, 1992
rep No 60, 2015
s 374 .............................................. ad. No. 59, 1989
rep No 60, 2015
s 375 .............................................. ad. No. 59, 1989
s. 375A........................................... ad. No. 110, 1995
s. 376 ............................................. ad. No. 59, 1989
am. No. 110, 1995
s 377 .............................................. ad. No. 59, 1989
am. No. 24, 1992
rep No 60, 2015
s 378 .............................................. ad. No. 59, 1989
am. No. 24, 1992
s. 379 ............................................. ad. No. 59, 1989
rep No 60, 2015
s. 379A........................................... ad. No. 113, 1998
rep. No. 58, 2001
Division 8A
Division 8A heading ...................... rs. No. 85, 2008; No 60, 2015
Division 8A.................................... ad. No. 58, 2001
s. 379AA ........................................ ad. No. 58, 2001
am. No. 85, 2008; No. 112, 2008; No 60, 2015
s. 379A........................................... ad. No. 58, 2001
am. No. 112, 2008; No 31, 2014; No 60, 2015
s. 379B ........................................... ad. No. 58, 2001
am No 31, 2014; No 60, 2015
s. 379C ........................................... ad. No. 58, 2001

Endnotes
am. No. 112, 2008; Nos 31 and 106, 2014

s. 379D........................................... ad. No. 58, 2001
am Nos 31 and 106, 2014
s. 379E ........................................... ad. No. 58, 2001
rep No 60, 2015
s. 379EA ........................................ ad. No. 85, 2008
s 379F ............................................ ad. No. 58, 2001
am No 60, 2015
s 379G............................................ ad. No. 58, 2001
am No 106, 2014; No 60, 2015
Division 9 ...................................... ad No 184, 1992
rep No 60, 2015
s. 380 ............................................. ad. No. 184, 1992
rep No 60, 2015
s. 381 ............................................. ad. No. 184, 1992
am. No. 110, 1995; No. 113, 1998
rep No 60, 2015
s 382 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 383 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 384 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 385 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 386 .............................................. ad. No. 184, 1992
am. No. 113, 1998

Endnotes
rep No 60, 2015

s 387 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s. 388 ............................................. ad. No. 184, 1992
am. No. 110, 1995; No. 113, 1998
rep No 60, 2015
s 389 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 390 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 391 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 392 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
s 393 .............................................. ad. No. 184, 1992
am. No. 113, 1998
rep No 60, 2015
Part 6.............................................. ad. No. 59, 1989
rs. No. 113, 1998
rep No 60, 2015
Division 1 ...................................... rep No 60, 2015
s. 394 ............................................. ad. No. 59, 1989
rs. No. 113, 1998
rep No 60, 2015
s 395 .............................................. ad. No. 59, 1989
rs. No. 113, 1998

Endnotes
am. No. 85, 2008

rep No 60, 2015
s 396 .............................................. ad. No. 59, 1989
rs. No. 113, 1998
am. No. 85, 2008
rep No 60, 2015
s. 397 ............................................. ad. No. 59, 1989
am. No. 184, 1992
rs. No. 113, 1998
rep No 60, 2015
s. 398 ............................................. ad. No. 59, 1989
am. No. 110, 1995
rs. No. 113, 1998
rep No 60, 2015
s. 399 ............................................. ad. No. 59, 1989
am. No. 86, 1991
rep. No. 110, 1995
ad. No. 113, 1998
rep No 60, 2015
s. 400 ............................................. ad. No. 59, 1989
am. No. 184, 1992
rs. No. 113, 1998
rep No 60, 2015
s 401 .............................................. ad. No. 59, 1989
rs. No. 113, 1998
rep No 60, 2015
s 402 .............................................. ad. No. 59, 1989
rs. No. 113, 1998
rep No 60, 2015
s 403 .............................................. ad. No. 59, 1989
rs. No. 113, 1998

Endnotes
rep No 60, 2015

s. 404 ............................................. ad. No. 59, 1989
am. No. 184, 1992
rs. No. 113, 1998
am. No. 85, 2008; No. 46, 2011
rep No 60, 2015
s. 405 ............................................. ad. No. 59, 1989
rs. No. 113, 1998
am. No. 85, 2008
rep No 60, 2015
Division 2 ...................................... rep No 60, 2015
s. 406 ............................................. ad. No. 59, 1989
am. No. 184, 1992
rs. No. 113, 1998
rep No 60, 2015
s 407 .............................................. ad. No. 59, 1989
rs. No. 113, 1998
am. No. 146, 1999
rep No 60, 2015
Part 7
Part 7 heading ................................ rs No 60, 2015
Part 7.............................................. ad. No. 184, 1992
Division 1
s 408 .............................................. ad No 59, 1989
rs No 113, 1998
am No 146, 1999
rs No 60, 2015
am No 60, 2015; No 35, 2021
s. 409 ............................................. ad. No. 59, 1989
rep. No. 113, 1998
ad No 60, 2015

Endnotes
s 410 .............................................. ad No 184, 1992

am No 110, 1995; No 35, 2015; No 60, 2015
Division 2
s 411 .............................................. ad No 184, 1992
am No 59, 1993; No 60, 1994; No 114, 1998; No 121, 2011; No
30, 2014; No 129, 2014; No 135, 2014; No 60, 2015; No 35, 2021
s. 412 ............................................. ad. No. 184, 1992
am No 60, 2015
s. 413 ............................................. ad. No. 59, 1993
rep No 60, 2015
s. 414 ............................................. ad. No. 184, 1992
am No 60, 2015
s. 414A........................................... ad. No. 141, 2005
rep No 135, 2014
s 415 .............................................. ad No 184, 1992
am No 35, 2015; No 60, 2015
s 416 .............................................. ad No 184, 1992
rs No 60, 2015
s. 417 ............................................. ad. No. 184, 1992
am. No. 59, 1993
s. 418 ............................................. ad. No. 184, 1992
am No 60, 2015
s 419 .............................................. ad No 59, 1993
rep No 60, 2015
ad No 35, 2021
Division 3
s 420 .............................................. ad No 184, 1992
am No 60, 2015
ed C134

Endnotes
s 420A............................................ ad No 113, 1998

am No 35, 2015
rep No 60, 2015
s 420B ............................................ ad No 35, 2015
am No 60, 2015
s. 421 ............................................. ad. No. 184, 1992
rep No 60, 2015
s. 422 ............................................. ad. No. 184, 1992
am No 113, 1998; No 30, 2014
rep No 60, 2015
s. 422A........................................... ad. No. 113, 1998
am No 30, 2014
rep No 60, 2015
Division 4
s. 422B ........................................... ad. No. 60, 2002
am. No. 100, 2007
s. 423 ............................................. ad No 184, 1992
am No 60, 2015
s 423A............................................ ad No 35, 2015
am No 35, 2021
s. 424 ............................................. ad. No. 184, 1992
am. No. 100, 1995
rs. No. 113, 1998
am. No. 58, 2001; No. 10, 2009
s 424AA ......................................... ad No 100, 2007
am No 35, 2015
s 424A............................................ ad No 113, 1998
am No 58, 2001; No 100, 2007; No 35, 2015
s. 424B ........................................... ad. No. 113, 1998
am. No. 100, 2007; No. 10, 2009

Endnotes
s. 424C ........................................... ad. No. 113, 1998

am. No. 100, 2007; No. 10, 2009
s. 425 ............................................. ad. No. 184, 1992
rs. No. 113, 1998
s. 425A........................................... ad. No. 113, 1998
am. No. 58, 2001
s. 426 ............................................. ad. No. 184, 1992
am. No. 113, 1998; No 60, 2015
s 426A............................................ ad No 113, 1998
am No 35, 2015
s 426B ............................................ ad No 35, 2015
s. 427 ............................................. ad. No. 184, 1992
am No 60, 2015
s. 428 ............................................. ad. No. 184, 1992
am. No. 146, 1999
rs No 60, 2015
s. 429 ............................................. ad. No. 184, 1992
s. 429A........................................... ad. No. 113, 1998
Division 5
s 430 .............................................. ad No 184, 1992
am No 113, 1998; No 85, 2008; No 30, 2014; No 35, 2015; No 60,
2015
s. 430A........................................... ad. No. 113, 1998
am. No. 58, 2001
rs. No. 85, 2008
s. 430B ........................................... ad. No. 113, 1998
am. No. 58, 2001
rep. No. 85, 2008
s. 430C ........................................... ad. No. 113, 1998
rep. No. 85, 2008

Endnotes
s 430D............................................ ad No 113, 1998

am No 85, 2008
rs No 30, 2014; No 35, 2015; No 60, 2015
s 431 .............................................. ad No 184, 1992
am No 113, 1998; No 144, 2008
rs No 60, 2015
Division 6
Division 6 ...................................... rs No 60, 2015
s. 432 ............................................. ad. No. 184, 1992
am. No. 113, 1998; No. 97, 2001
rs No 60, 2015
s. 433 ............................................. ad. No. 184, 1992
am. No. 97, 2001
rs No 60, 2015
s. 434 ............................................. ad. No. 184, 1992
rep No 60, 2015
Division 7
s 435 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 436 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 437 .............................................. ad. No. 184, 1992
s 438 .............................................. ad. No. 184, 1992
am No 60, 2015
s 439 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 440 .............................................. ad. No. 184, 1992
am No 60, 2015
s. 440A........................................... ad. No. 141, 2005
rep No 135, 2014

Endnotes
s. 441 ............................................. ad. No. 184, 1992

rep No 60, 2015
s. 441A........................................... ad. No. 113, 1998
rep. No. 58, 2001
Division 7A
Division 7A heading ...................... rs. No. 85, 2008; No 60, 2015
Division 7A.................................... ad. No. 58, 2001
s. 441AA ........................................ ad. No. 58, 2001
am. No. 85, 2008; No. 112, 2008; No 60, 2015
s. 441A........................................... ad. No. 58, 2001
am. No. 112, 2008; No 31, 2014; No 60, 2015
s. 441B ........................................... ad. No. 58, 2001
am No 31, 2014; No 60, 2015
s. 441C ........................................... ad. No. 58, 2001
am. No. 112, 2008; Nos 31 and 106, 2014
s. 441D........................................... ad. No. 58, 2001
am Nos 31 and 106, 2014
s. 441E ........................................... ad. No. 58, 2001
rep No 60, 2015
s. 441EA ........................................ ad. No. 85, 2008
s 441F ............................................ ad. No. 58, 2001
am No 60, 2015
s 441G............................................ ad. No. 58, 2001
am No 106, 2014
Division 8 ...................................... rep No 60, 2015
s 442 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 443 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 444 .............................................. ad. No. 184, 1992
rep No 60, 2015

Endnotes
s 445 .............................................. ad. No. 184, 1992

rep No 60, 2015
s 446 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 447 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 448 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 449 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 450 .............................................. ad. No. 184, 1992
rep No 60, 2015
s. 451 ............................................. ad. No. 184, 1992
am. No. 100, 1995
rep No 60, 2015
s 452 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 453 .............................................. ad. No. 184, 1992
rep No 60, 2015
s. 454 ............................................. ad. No. 184, 1992
am. No. 59, 1993
rep No 60, 2015
s 455 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 456 .............................................. ad. No. 184, 1992
rep No 60, 2015
Division 9 ...................................... rep No 60, 2015
s. 457 ............................................. ad. No. 184, 1992
rep No 60, 2015
s. 458 ............................................. ad. No. 184, 1992
am. No. 110, 1995; No. 85, 2008

Endnotes
rep No 60, 2015

s. 459 ............................................. ad. No. 184, 1992
am. No. 85, 2008
rep No 60, 2015
s. 460 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No 135, 2014
rep No 60, 2015
s. 461 ............................................. ad. No. 184, 1992
am. No. 28, 2000
rep No 60, 2015
s. 462 ............................................. ad. No. 184, 1992
am. No. 110, 1995
rep No 60, 2015
s. 463 ............................................. ad. No. 184, 1992
rep. No. 110, 1995
s 464 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 465 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 466 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 467 .............................................. ad. No. 184, 1992
rep No 60, 2015
s 468 .............................................. ad. No. 184, 1992
rep No 60, 2015
s. 469 ............................................. ad. No. 184, 1992
am. No. 110, 1995; No. 113, 1998; No. 46, 2011
rep No 60, 2015
s 470 .............................................. ad No 184, 1992
am No 135, 2014
rep No 60, 2015

Endnotes
Division 10 .................................... rep No 60, 2015

s. 471 ............................................. ad. No. 184, 1992
rep No 60, 2015
s 472 .............................................. ad. No. 184, 1992
am. No. 146, 1999
rep No 60, 2015
s 473 .............................................. ad. No. 184, 1992
am. No. 146, 1999
rep No 60, 2015
Part 7A ........................................... ad No 87, 2007
rep No 60, 2015
s 473A............................................ ad No 87, 2007
am No 135, 2014
rep No 60, 2015
Part 7AA
Part 7AA ........................................ ad No 135, 2014
Division 1
s 473BA ......................................... ad No 135, 2014
am No 60, 2015
s 473BB ......................................... ad No 135, 2014
am No 60, 2015
s 473BC ......................................... ad No 135, 2014
s 473BD ......................................... ad No 135, 2014
Division 2
s 473CA ......................................... ad No 135, 2014
s 473CB ......................................... ad No 135, 2014
s 473CC ......................................... ad No 135, 2014
Division 3
Subdivision A
s 473DA ......................................... ad No 135, 2014
Subdivision B

Endnotes
s 473DB ......................................... ad No 135, 2014

Subdivision C
s 473DC ......................................... ad No 135, 2014
s 473DD ......................................... ad No 135, 2014
s 473DE ......................................... ad No 135, 2014
s 473DF ......................................... ad No 135, 2014
Division 4
s 473EA ......................................... ad No 135, 2014
s 473EB ......................................... ad No 135, 2014
s 473EC ......................................... ad No 135, 2014
am No 60, 2015
Division 5
s 473FA ......................................... ad No 135, 2014
s 473FB.......................................... ad No 135, 2014
am No 60, 2015
s 473FC.......................................... ad No 135, 2014
am No 60, 2015
Division 6
s 473GA ......................................... ad No 135, 2014
s 473GB ......................................... ad No 135, 2014
s 473GC ......................................... ad No 135, 2014
s 473GD ......................................... ad No 135, 2014
am No 60, 2015
Division 7
s 473HA ......................................... ad No 135, 2014
s 473HB ......................................... ad No 135, 2014
s 473HC ......................................... ad No 135, 2014
s 473HD ......................................... ad No 135, 2014
s 473HE ......................................... ad No 135, 2014
s 473HF ......................................... ad No 135, 2014
s 473HG ......................................... ad No 135, 2014

Endnotes
Division 8
s 473JA .......................................... ad No 135, 2014
am No 60, 2015
s 473JB .......................................... ad No 135, 2014
am No 60, 2015 (Sch 2 item 186 (table item 7) md not incorp)
s 473JC .......................................... ad No 135, 2014
am No 60, 2015
s 473JD .......................................... ad No 135, 2014
am No 60, 2015
s 473JE........................................... ad No 135, 2014
am No 60, 2015
s 473JF........................................... ad No 135, 2014
am No 60, 2015
Part 8
Part 8 heading ................................ rs. Nos. 157 and 134, 2001
Part 8.............................................. ad. No. 184, 1992
rs. No. 134, 2001
Division 1
s 474 .............................................. ad No 184, 1992
rs No 134, 2001
am No 79, 2005; No 137, 2005; No 85, 2009; No 113, 2012; No
60, 2015; No 3, 2019; No 110, 2019; No 26, 2023; No 1, 2024
Division 2
Division 2 heading ......................... rs. Nos. 157 and 134, 2001; No. 137, 2005
s 474A............................................ ad No 60, 2015
s 475 .............................................. ad No 184, 1992
am No 60, 1994; No 100, 1995; No 102, 1995 (as rep by No 100,
1995); No 34, 1999; No 160, 1999; No 28, 2000; No 157, 2001
rs. No. 134, 2001
s. 475A........................................... ad. No. 134, 2001
am. No. 157, 2001

Endnotes
rep. No. 137, 2005

s 476 .............................................. ad. No. 184, 1992
am. No. 157, 2001
rs. No. 134, 2001
am. No. 157, 2001; No. 75, 2003; No. 79, 2005
rs. No. 137, 2005
am. No. 13, 2013; No 135, 2014; No 10, 2017; No 13, 2021
s 476A............................................ ad. No. 137, 2005
am. No. 10, 2009; No. 13, 2013; No 60, 2015; No 10, 2017; No 13,
2021
s. 476B ........................................... ad. No. 137, 2005
am. No. 13, 2013; No 13, 2021
s 477 .............................................. ad No 184, 1992
am No 157, 2001
rs No 134, 2001
am No 157, 2001
rs No 137, 2005
am No 10, 2009; No 13, 2013; No 135, 2014; No 35, 2015; No 60,
2015; No 13, 2021
s. 477A........................................... ad. No. 137, 2005
am. No. 10, 2009
s. 478 ............................................. ad. No. 184, 1992
am. No. 157, 2001
rs. No. 134, 2001
am. No. 157, 2001; No. 137, 2005; No 135, 2014; No 41, 2015
s. 478A........................................... ad. No. 157, 2001
rep. No. 134, 2001
s. 479 ............................................. ad. No. 184, 1992
rs. No. 134, 2001
am. No. 157, 2001; No. 137, 2005; No 135, 2014; No 41, 2015
s. 480 ............................................. ad. No. 184, 1992

Endnotes
rs. No. 134, 2001

am. No. 157, 2001; No. 137, 2005; No. 13, 2013; No 13, 2021
s. 481 ............................................. ad. No. 184, 1992
am. No. 157, 2001
rs. No. 134, 2001
am. No. 157, 2001; No. 137, 2005
s. 482 ............................................. ad. No. 184, 1992
am. No. 60, 1994; No. 157, 2001
rs. No. 134, 2001
am. No. 137, 2005
s. 483 ............................................. ad. No. 184, 1992
rs. No. 134, 2001; No. 137, 2005
rep No 60, 2015
s. 483A........................................... ad. No. 157, 2001
rep. No. 137, 2005
s. 484 ............................................. ad. No. 184, 1992
rs. No. 134, 2001
am. No. 157, 2001
rs. No. 137, 2005
am. No. 13, 2013; No 13, 2021
s. 485 ............................................. ad. No. 184, 1992
am. No. 160, 1999; Nos. 129 and 157, 2001
rep. No. 134, 2001
s. 485A........................................... ad. No. 129, 2001
am. No. 157, 2001
rep. No. 134, 2001
s. 486 ............................................. ad. No. 184, 1992
am. No. 157, 2001
rep. No. 134, 2001
Part 8A
Part 8A ........................................... ad. No. 129, 2001

Endnotes
s. 486A........................................... ad. No. 129, 2001

am. No. 134, 2001; No. 137, 2005; No. 10, 2009
s. 486AA ........................................ ad. No. 134, 2001
s. 486AB ........................................ ad. No. 134, 2001
am. No. 85, 2008
s. 486B ........................................... ad. No. 129, 2001
am. No. 157, 2001; No. 113, 2012; No. 13, 2013; No 13, 2021
s 486C ............................................ ad No 129, 2001
am No 134, 2001; No 157, 2001; No 137, 2005; No 113, 2012;
No 13, 2013; No 13, 2021
s 486D............................................ ad No 137, 2005
am No 13, 2013; No 135, 2014; No 60, 2015; No 13, 2021
Part 8B
Part 8B ........................................... ad. No. 137, 2005
ss. 486E–486J ................................ ad. No. 137, 2005
s. 486K........................................... ad. No. 137, 2005
am. No. 159, 2008
Part 8C
Part 8C ........................................... ad. No. 79, 2005
ss. 486L–486Q ............................... ad. No. 79, 2005
Part 8D
Part 8D ........................................... ad. No. 159, 2008
rs. No. 10, 2013
Division 1
s. 486R ........................................... ad. No. 159, 2008
am. No. 13, 2013
rs. No. 10, 2013
s. 486S ........................................... ad. No. 159, 2008
rs. No. 10, 2013
s. 486T ........................................... ad. No. 159, 2008
am. No. 13, 2013

Endnotes
rs. No. 10, 2013

s. 486U........................................... ad. No. 159, 2008
rs. No. 10, 2013
s. 486V........................................... ad. No. 159, 2008
am. No. 13, 2013
rs. No. 10, 2013
s. 486W .......................................... ad. No. 159, 2008
rs. No. 10, 2013
s. 486X........................................... ad. No. 159, 2008
rs. No. 10, 2013
s. 486Y........................................... ad. No. 159, 2008
rs. No. 10, 2013
Division 2
s. 486Z ........................................... ad. No. 159, 2008
rs. No. 10, 2013
s. 486ZA ........................................ ad. No. 159, 2008
am. No. 13, 2013
rs. No. 10, 2013
s. 486ZB ........................................ ad. No. 10, 2013
s. 486ZC ........................................ ad. No. 10, 2013
Division 3
s. 486ZD ........................................ ad. No. 10, 2013
s. 486ZE......................................... ad. No. 10, 2013
s. 486ZF ......................................... ad. No. 10, 2013
am No 161, 2015
s. 486ZG ........................................ ad. No. 10, 2013
Part 8E
Part 8E ........................................... ad. No. 10, 2013
Part 8E heading .............................. rs No 161, 2015
Division 1
s 487A............................................ ad No 10, 2013

Endnotes
am No 13, 2013; No 161, 2015; No 13, 2021; No 1, 2024

Division 2
s. 487B ........................................... ad. No. 10, 2013
am No 41, 2015; No 161, 2015
s. 487C ........................................... ad. No. 10, 2013
am No 161, 2015
Division 3
Subdivision A
s. 487D........................................... ad. No. 10, 2013
s. 487E ........................................... ad. No. 10, 2013
s. 487F ........................................... ad. No. 10, 2013
s. 487G........................................... ad. No. 10, 2013
s. 487H........................................... ad. No. 10, 2013
s. 487J ............................................ ad. No. 10, 2013
Subdivision B
s. 487K........................................... ad. No. 10, 2013
Subdivision C
s. 487L ........................................... ad. No. 10, 2013
s. 487M .......................................... ad. No. 10, 2013
s. 487N........................................... ad. No. 10, 2013
s. 487P ........................................... ad. No. 10, 2013
s. 487Q........................................... ad. No. 10, 2013
s. 487R ........................................... ad. No. 10, 2013
s. 487S ........................................... ad. No. 10, 2013
s. 487T ........................................... ad. No. 10, 2013
Subdivision D
s. 487U........................................... ad. No. 10, 2013
s. 487V........................................... ad. No. 10, 2013
Subdivision E
s. 487W .......................................... ad. No. 10, 2013
s. 487X........................................... ad. No. 10, 2013

Endnotes
s. 487Y........................................... ad. No. 10, 2013

am No 41, 2015
s. 487Z ........................................... ad. No. 10, 2013
am No 41, 2015; No 161, 2015
s. 487ZA ........................................ ad. No. 10, 2013
am No 41, 2015
s. 487ZB ........................................ ad. No. 10, 2013
Subdivision F
s. 487ZC ........................................ ad. No. 10, 2013
am No 161, 2015
s. 487ZD ........................................ ad. No. 10, 2013
s. 487ZE......................................... ad. No. 10, 2013
s. 487ZF ......................................... ad. No. 10, 2013
Subdivision G
s. 487ZG ........................................ ad. No. 10, 2013
am No 41, 2015
Subdivision H
s. 487ZH ........................................ ad. No. 10, 2013
Part 9
Division 1
Division 1 heading ......................... ad No 116, 2014
s 487ZI ........................................... ad No 116, 2014
am No 116, 2014
s 48ZJ ............................................ ad No 116, 2014
s 487ZK ......................................... ad No 116, 2014
s 487ZL.......................................... ad No 116, 2014
s. 487 ............................................. am. No. 10, 1966; No. 117, 1979; No. 175, 1980
rs. No. 59, 1989
am. No. 24, 1992
rep. No. 137, 2000
ad. No. 2, 2004

Endnotes
s. 488 ............................................. ad. No. 151, 1988

am. Nos. 24 and 184, 1992; No. 166, 2000; No. 63, 2007; No 62,
2015
s. 488A........................................... ad. No. 166, 2000
s 488AA ......................................... ad No 106, 2014
s. 488B ........................................... ad. No. 130, 2001
am. No. 159, 2008
s. 489 ............................................. ad. No. 151, 1988
s. 490 ............................................. ad. No. 10, 1966
am. No. 112, 1983; No. 59, 1989
s. 491 ............................................. ad. No. 117, 1979
am. No. 112, 1983; No. 59, 1989 (as am. by No. 159, 1989); Nos.
24 and 184, 1992; No. 60, 1994
rep. No. 85, 2001
s. 492 ............................................. ad. No. 117, 1979
am. No. 27, 1997; No. 89, 1999; No. 144, 2008; No. 50, 2010
s 493 .............................................. ad No 59, 1989
am No 137, 2000; No 97, 2001; No 10, 2013; No 5, 2015
s. 494 ............................................. ad. No. 117, 1979
s. 494AA ........................................ ad. No. 128, 2001
am. No. 113, 2012; No. 35, 2013
s. 494AB ........................................ ad. No. 10, 2002
am. No. 113, 2012
s 494A............................................ ad No 58, 2001
am No 85, 2008; No 112, 2008; No 26, 2023
s 494B ............................................ ad No 58, 2001
am No 112, 2008; No 31, 2014; No 3, 2019
s 494C ............................................ ad No 58, 2001
am No 112, 2008; No 31, 2014; No 106, 2014; No 3, 2019; No 26,
2023
s. 494D........................................... ad. No. 58, 2001

Endnotes
am. No. 85, 2008; No 106, 2014

s 494E ............................................ ad No 26, 2023
s. 495 ............................................. ad. No. 117, 1979
rs. No. 59, 1989
s. 495A........................................... ad. No. 58, 2001
am. No. 141, 2005; No 115, 2015
s. 495B ........................................... ad. No. 58, 2001
s. 496 ............................................. ad. No. 59, 1989
am. No. 184, 1992; No. 114, 1998
s. 497 ............................................. ad. No. 59, 1989
am. No. 184, 1992; No. 60, 1994
s. 498 ............................................. ad. No. 59, 1989
am. No. 112, 1983; No. 59, 1989; No. 213, 1992; No. 60, 1994;
No. 114, 1998
s 499 .............................................. ad No 59, 1989
am No 114, 1998; No 3, 2019; No 110, 2019
s 500 .............................................. ad. No. 61, 1981
am No 112, 1983; No 59, 1989; No 213, 1992; No 60, 1994;
No 114, 1998; No 157, 2001; No 38, 2005; No 121, 2011; No 13,
2013; No 30, 2014; No 129, 2014; No 135, 2014; No 60, 2015; No
10, 2017; No 13, 2021
s 500A............................................ ad No 34, 1999
am No 159, 2006; No 91, 2009; No 81, 2011; No 26, 2023
s 501 .............................................. ad No 213, 1992
am No 60, 1994
rs No 114, 1998
am No 159, 2006; No 91, 2009; No 81, 2011; No 129, 2014; No
36, 2021
s. 501A........................................... ad. No. 114, 1998
am. No. 129, 2001
s 501B ............................................ ad No 114, 1998
s 501BA ......................................... ad No 129, 2014

Endnotes
s 501C ............................................ ad No 114, 1998

am No 26, 2023
s 501CA ......................................... ad No 129, 2014
am No 26, 2023
s 501D............................................ ad No 114, 1998
s 501E ............................................ ad No 114, 1998
am No 106, 2014; No 129, 2014; No 135, 2014; No 10, 2017
s 501F ............................................ ad No 114, 1998
am No 10, 2017
s 501G............................................ ad No 114, 1998
am No 129, 2014; No 26, 2023
s 501H............................................ ad No 114, 1998
am No 129, 2014
s. 501HA ........................................ ad. No. 85, 2008
s 501J ............................................. ad. No. 131, 2001
s 501K............................................ ad. No. 131, 2001
am. No. 144, 2008
s 501L ............................................ ad No 129, 2014
s. 502 ............................................. ad. No. 213, 1992
am. No. 213, 1992; No. 60, 1994; No. 114, 1998; No 129, 2014;
No 135, 2014
s 503 .............................................. ad. No. 213, 1992
am. No. 213, 1992; No. 60, 1994; No. 114, 1998; No 129, 2014;
No 135, 2014; No 10, 2017
s 503A............................................ ad No 114, 1998
am No 75, 2003; No 141, 2005; No 46, 2011; No 197, 2012;
No. 13, 2013; No 10, 2017; No 67, 2018; No 13, 2021
s 503B ............................................ ad. No. 75, 2003
am. No. 137, 2005; No. 13, 2013; No 4, 2016; No 10, 2017; No 13,
2021
s. 503C ........................................... ad. No. 75, 2003
am. No. 13, 2013; No 4, 2016; No 13, 2021

Endnotes
s. 503D........................................... ad. No. 75, 2003

s 503E ............................................ ad No 95, 2017
s 504 .............................................. am No 87, 1964; No 10, 1966; No 117, 1979; No 118, 1979;
No 61, 1981; No 112, 1983; No 72, 1984; No 168, 1986; No 133.
1987; No 141, 1987; No 49, 1988; No 59, 1989 (as am by No 159,
1989); No 86, 1991; No 196, 1991; No 198, 1991; No 84, 1992;
No 184, 1992; No 27, 1997; No 114, 1998; No 160, 1999; No 166,
2000; No 122, 2003; No 48, 2004; No 141, 2005; No 85, 2008; No
126, 2015; No 61, 2016; No 26, 2023; No 74, 2023
s. 505 ............................................. ad. No. 176, 1992
am. No. 60, 1994
s. 506 ............................................. ad. No. 184, 1992
am. No. 100, 1995
s. 506A........................................... ad. No. 10, 2013
s 506B ............................................ ad No 90, 2018
s. 507 ............................................. ad. No. 27, 1997
am. No. 144, 2008; No. 98, 2013

Endnotes
Endnote 5—Miscellaneous
Repeal tables
The amendment history of the repealed provisions of the Migration Act 1958 up
to and including the Migration Legislation Amendment Act 1989 (No. 59, 1989)
appears in the table below.
s. 3 ................................................. am. No. 16, 1973

rep. No. 216, 1973
Div. 1 of Part II .............................. rep. No. 59, 1989
s. 5D............................................... ad. No. 151, 1988
rep. No. 59, 1989
s. 6AA............................................ ad. No. 151, 1988
am. No. 61, 1989
rep. No. 59, 1989
s. 6AAA ......................................... ad. No. 71, 1986
rep. No. 59, 1989
s. 6A............................................... ad. No. 175, 1980
am. No. 112, 1983; No. 141, 1987
rep. No. 59, 1989
s. 6B ............................................... ad. No. 86, 1987
am. No. 151, 1988
rep. No. 59, 1989
Div. 1A of Part II ........................... ad. No.117, 1979
rep. No. 59, 1989
s. 11A............................................. ad. No. 117, 1979
am. Nos. 133 and 141, 1987; No. 151, 1988
rep. No. 59, 1989
s. 11AB .......................................... ad. No. 86, 1987
am. No. 5, 1988
rep. No. 59, 1989

Endnotes
s. 11B ............................................. ad. No. 117, 1979

am. No. 141, 1987
rep. No. 59, 1989
s. 11C ............................................. ad. No. 117, 1979
am. No. 89, 1980; No. 51, 1982; No. 112, 1983; No. 22, 1984;
Nos. 133 and 141, 1987
rep. No. 59, 1989
s. 15 ............................................... rep. No. 112, 1983
s. 16 ............................................... am. No. 10, 1966; No. 117, 1979; No. 175, 1980; No. 61, 1981;
No. 51, 1982; No. 112, 1983; Nos. 104 and 141, 1987; No. 151,
1988
rep. No. 59, 1989
s. 17 ............................................... rep. No. 216, 1973
s. 25 ............................................... rep. No. 216, 1973
s. 34A............................................. ad. No. 133, 1987
rep. No. 49, 1988
Heading to Div. 6 of Part II............ rs. No. 112, 1983
rep. No. 59, 1989
Div. 6 of Part II .............................. rep. No. 59, 1989
ss. 51–53 ........................................ am. No. 10, 1966; No. 117, 1979; No. 112, 1983
rep. No. 59, 1989
Heading to Part III ......................... rs. No. 16, 1973
rep. No. 73, 1983
Part III............................................ rep. No. 73, 1983
s. 59 ............................................... rs. No. 16, 1973
rep. No. 73, 1983
s. 60 ............................................... rep. No. 216, 1973
s. 66 ............................................... am. Nos. 73 and 112, 1983
rep. No. 59, 1989

Endnotes
The amendment history of the repealed provisions of the Migration Act 1958 up
to and including the Migration Legislation Amendment Act 1994 (No. 60, 1994)
appears in the table below.
s. 7A............................................... ad. No. 37, 1990

am. No. 184, 1992
rep. No. 60, 1994
s. 9 ................................................. ad. No. 59, 1989
rep. No. 184, 1992
s. 11 ............................................... ad. No. 59, 1989 (as am. by No. 159, 1989)
rep. No. 184, 1992
s. 13 ............................................... ad. No. 59, 1989
am. No. 86, 1991; Nos. 84 and 184, 1992; No. 59, 1993
rep. No. 184, 1992
ss. 16A, 16B................................... ad. No. 86, 1991
rep. No. 184, 1992
s. 18 ............................................... am. No. 112, 1983
rs. No. 59, 1989 (as am. by No. 159, 1989); No. 86, 1991
rep. No. 184, 1992
s. 20 ............................................... rs. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 86, 1991; Nos. 24 and 84, 1992
rep. No. 184, 1992
ss. 21, 22 ........................................ rs. No. 59, 1989
rep. No. 184, 1992
Div. 1AA of Part 2 ......................... ad. No. 84, 1992
rep. No. 184, 1992
ss. 22AA–22AC ............................. ad. No. 84, 1992
rep. No. 184, 1992
s. 22AD .......................................... ad. No. 84, 1992
am. No. 176, 1992
rep. No. 184, 1992

Endnotes
Heading to Subdiv. AD .................. ad. No. 184, 1992

of Div. 2 of Part 2 rep. No. 60, 1994
s. 26ZI............................................ ad. No. 184, 1992
rep. No. 60, 1994
Heading to Subdiv. AA .................. rep. No. 59, 1993
of Div. 2 of Part 2
Heading to Div. 3 of Part 2 ............ rep. No. 184, 1992
Div. 4 of Part 2............................... ad. No. 59, 1989
rep. No. 184, 1992
ss. 51, 52 ........................................ ad. No. 59, 1989
rep. No. 184, 1992
s. 53 ............................................... ad. No. 59, 1989
am. No. 86, 1991
rep. No. 184, 1992
s. 54 ............................................... ad. No. 59, 1989
rep. No. 184, 1992
Div. 4A of Part 2 ............................ ad. No. 86, 1991
rep. No. 184, 1992
ss. 54A–54H .................................. ad. No. 86, 1991
rep. No. 184, 1992
s. 59 ............................................... ad. No. 59, 1989 (as am. by No. 159, 1989)
rep. No. 184, 1992
s. 60 ............................................... am. No. 112, 1983
rs. No. 59, 1989 (as am. by No. 159, 1989)
am. No. 86, 1991
rep. No. 184, 1992
s. 61 ............................................... ad. No. 86, 1987
am. No. 59, 1989; No. 184, 1992
rep. No. 184, 1992
s. 64 ............................................... am. No. 10, 1966; No. 216, 1973; No. 117, 1979; No. 51, 1982 (as
am. by No. 165, 1984); No. 112, 1983; No. 104, 1987; No. 59,
1989; No. 24, 1992

Endnotes
rep. No. 184, 1992

s. 65 ............................................... ad. No. 117, 1979
rs. No. 59, 1989
rep. No. 184, 1992
s. 66 ............................................... ad. No. 59, 1989
rep. No. 184, 1992
s. 70 ............................................... am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989 (as
am. by No. 159, 1989); No. 24, 1992
rep. No. 184, 1992
s. 75 ............................................... rep. No. 220, 1992
s. 79 ............................................... am. No. 10, 1966; No. 117, 1979; No. 112, 1983; No. 59, 1989;
No. 24, 1992
rep. No. 184, 1992
s. 82 ............................................... ad. No. 117, 1979
am. No. 112, 1983; No. 123, 1984; No. 59, 1989 (as am. by
No. 159, 1989); No. 24, 1992
rep. No. 184, 1992
s. 89 ............................................... ad. No. 117, 1979
am. No. 51, 1982; No. 112, 1983; No. 104, 1987; No. 59, 1989;
No. 86, 1991; No. 24, 1992
rep. No. 184, 1992
s. 89A............................................. ad. No. 86, 1991
rep. No. 184, 1992
s. 89B ............................................. ad. No. 176, 1992
rep. No. 184, 1992
s. 92 ............................................... am. No. 117, 1979; No. 112, 1983; No. 59, 1989 (as am. by
No. 159, 1989); Nos. 24 and 184, 1992
rep. No. 60, 1994
s. 100A........................................... ad. No. 84, 1992
rep. No. 184, 1992
Div. 9 of Part 2............................... ad. No. 59, 1989
rep. No. 85, 1992

Endnotes
s. 101 ............................................. am. No. 112, 1983

rs. No. 59, 1989
am. No. 24, 1992
rep. No. 85, 1992
s. 102 ............................................. am. No. 10, 1966; No. 216, 1973; No. 91, 1976; No. 117, 1979;
No. 112, 1983
rs. No. 59, 1989
am. No. 24, 1992
rep. No. 85, 1992
ss. 103–105 .................................... am. No. 10, 1966; No. 117, 1979; No. 112, 1983
rs. No. 59, 1989
rep. No. 85, 1992
s. 106 ............................................. ad. No. 59, 1989
rep. No. 184, 1992
s. 108 ............................................. am. No. 117, 1979; No. 112, 1983; No. 141, 1987; No. 59, 1989;
No. 184, 1992
rep. No. 60, 1994
s. 109 ............................................. am. No. 112, 1983
rep. No. 184, 1992
Div. 1 of Part 3............................... rep. No. 184, 1992
s. 115 ............................................. am. No. 216, 1973
rep. No. 73, 1983
ad. No. 59, 1989 (as am. by No. 180, 1989)
am. No. 86, 1991; No. 84, 1992
rep. No. 184, 1992
s. 116 ............................................. am. No. 10, 1966; No. 117, 1979
rep. No. 73, 1983
ad. No. 59, 1989
am. No. 86, 1991; No. 84, 1992
rep. No. 184, 1992
s. 117 ............................................. am. No. 10, 1966; No. 117, 1979

Endnotes
rep. No. 73, 1983

ad. No. 59, 1989
rep. No. 184, 1992
s. 118 ............................................. am. No. 10, 1966
rep. No. 16, 1973
ad. No. 59, 1989
am. No. 86, 1991; No. 84, 1992
rep. No. 184, 1992
s. 119 ............................................. ad. No. 59, 1989
rep. No. 184, 1992
s. 120 ............................................. ad. No. 59, 1989 (as am. by No. 180, 1989)
am. No. 86, 1991
rep. No. 184, 1992
s. 121 ............................................. ad. No. 59, 1989
rep. No. 184, 1992
s. 121A........................................... ad. No. 24, 1992
rep. No. 184, 1992
Div. 2 of Part 3............................... rep. No. 184, 1992
s. 122 ............................................. rep. No. 184, 1992
s. 137 ............................................. ad. No. 59, 1989 (as am. by No. 180, 1989)
am. No. 84, 1992
rep. No. 184, 1992
ss. 138–140 .................................... ad. No. 59, 1989
rep. No. 184, 1992

Endnotes
Renumbering tables
The renumbering of provisions of the Migration Act 1958, made by the
Migration Legislation Amendment Act 1989 (No. 59, 1989) appears in the table
below.
Old number New number Old number New number
Part I Part 1 Division 1A Division 2

Section Section Subdivision A Subdivision A
1 1 Section Section
2 2 11D 23
4 3 11E 24
4A 3AA 11F 25
5 4 11G 26
5A 5 11H 27
5B 6 11J 28
5C 7 Subdivision B Subdivision B
5D 8 Section Section
5E 9 11K 29
5F 10 11L 30
5G 11 11M 31
5H 12 11N 32
5J 13 Division 1B Division 3
Part II Part 2 Section Section
Division 1 Division 1 11P 33
Section Section 11Q 34
6 14 11R 35
7 15 11S 36
8 16 11T 37
9 17 11U 38
10 18 11V 39
11 19 11W 40
11A 20 11X 41
11B 21 11Y 42
11C 22 11Z 43
11ZA 44

Endnotes
11ZB 45 23B 73
11ZC 46 24 74
Section Section 26 75
11ZD 47 Division 4 Division 7
11ZE 48 Section Section
11ZF 49 26A 76
11ZG 50 27 77
Division 1C Division 4 28 78
11ZH 51 30 80
11ZJ 52 31 81
11ZK 53 31A 82
11ZL 54 31B 83
Division 2 Division 5 Division 5 Division 8
Section Section Section Section
12 55 32 84
13 56 33 85
14 57 34 86
14A 58 35 87
17A 59 36 88
18 60 36A 89
18A 61 37 90
19 62 37A 91
20 63 38 92
21 64 39 93
21A 65 39A 94
21B 66 40 95
21C 67 41 96
21D 68 42 97
21E 69 43 98
22 70 44 99
Division 3 Division 6 45 100
Section Section Division 6 Division 9
23 71 Section Section
23A 72 46 101

Endnotes
47 102 Division 4 Division 4

49 104 64K 128
50 105 64L 129
Division 7 Division 10 64M 130
Section Section 64N 131
53A 106 64P 132
55 108 64Q 133
56 109 64R 134
56A 110 Division 5 Division 5
58 112 64S 135
59 113 64T 136
60 114 64U 137
Part III Part 3 64V 138
Division 1 Division 1 64W 139
Section Section 64X 140
63 117 64Y 141
64 118 64Z 142
64A 119 64ZA 143
64B 120 Division 7 Division 7
64C 121 Section Section
Division 2 Division 2 64ZB 144
Section Section 64ZC 145
64D 122 64ZD 146
Division 3 Division 3 64ZE 147
Section Section 64ZF 148
64E 123 64ZG 149
64F 124 64ZH 150
64G 125 Part IIIA Part 4
64H 126
64J 127

Endnotes
Division 1 Division 1 Part IV Part 5

64ZJ 151 65 167
64ZK 152 65AA 168
64ZL 153 65AB 169
64ZM 154 Section Section
64ZN 155 65A 170
64ZP 156 66A 171
64ZQ 157 66B 172
64ZR 158 66BA 173
64ZS 159 66C 174
Section Section 66D 175
64ZT 160 66DA 176
64ZU 161 66DB 177
64ZV 162 66DC 178
64ZW 163 66DD 179
Division 2 Division 2 66E 180
64ZX 164 The Schedule The Schedule
64ZY 165
64ZZ 166

Endnotes
The renumbering of provisions of the Migration Act 1958, made by the

Migration Legislation Amendment Act 1994 (No. 60, 1994) appears in the table
below.
Part 1 Part 1 Section Section

Section Section 22F 23
1 1 22G 24
2 2 22H 25
3 3 22J 26
3AA 3A 22K 27
3A 4 Division 2 Division 3
4 5 Subdivision A Subdivision A
4AA 6 Section Section
5 7 23 28
6 8 24 29
7 9 25 30
8 10 26 31
10 11 26A 32
12 12 26AA 33
Part 2 Part 2 26AB 34
Division 1 Division 1 26AC 35
Section Section 26B 36
14 13 26C 37
15 14 26D 38
16 15 26E 39
17 16 26F 40
19 17 26G 41
Division 1A Division 2 26H 42
Section Section 26J 43
22A 18 Subdivision AA Subdivision AA
22B 19 Section Section
22C 20 26K 44
22D 21 26L 45
22E 22 26M 46

Endnotes
Section Section 26ZO 73

26N 47 26ZP 74
26P 48 Section Section
26Q 49 26ZPA 75
26R 50 26ZQ 76
26S 51 Subdivision AG Subdivision AG
Subdivision AB Subdivision AB Section Section
Section Section 26ZR 77
26T 52 26ZS 78
26U 53 26ZT 79
26V 54 26ZU 80
26W 55 26ZV 81
26X 56 26ZW 82
26Y 57 27 83
26Z 58 28 84
26ZA 59 Subdivision AH Subdivision AH
26ZB 60 Section Section
26ZC 61 28A 85
26ZD 62 28B 86
26ZE 63 28C 87
26ZEA 64 28D 88
Subdivision AC Subdivision AC 28E 89
Section Section 28F 90
26ZF 65 28G 91
26ZG 66 Subdivision B Subdivision B
26ZJ 67 Section Section
26ZK 68 29 92
26ZKA 69 30 93
(formerly 26ZH)
31 94
Subdivision AE Subdivision AE 31A 95
26ZL 70 Subdivision C Subdivision C
26ZM 71 Section Section
Subdivision AF Subdivision AF 33 97
26ZN 72

Endnotes
36 100 50AN 128
37 101 50AO 129
38 102 50AP 130
39 103 50AQ 131
Section Section 50AR 132
40 104 50AS 133
41 105 Subdivision G Subdivision G
43 107 50A 134
44 108 50B 135
45 109 50C 136
46 110 50D 137
47 111 Subdivision H Subdivision H
49 113 50E 138
50 114 50F 139
50AA 115 50G 140
Subdivision D Subdivision D Division 3 Division 4
Section Section Subdivision A Subdivision A
50AB 116 Section Section
50AC 117 51 141
50AD 118 52 142
Subdivision E Subdivision E 53 143
50AE 119 Subdivision B Subdivision B
50AF 120 Section Section
50AG 121 54A 145
50AH 122 54B 146
50AI 123 Subdivision C Subdivision C
50AJ 124 Section Section
50AK 125 54C 147
50AL 126 54D 148
50AM 127 54E 149
Subdivision F Subdivision F 54F 150

Endnotes
54G 151 54K 177

54H 152 54L 178
54HA 153 54M 179
54HAA 154 54N 180
Subdivision D Subdivision D 54P 181
Section Section 54Q 182
54HB 155 54R 183
54HC 156 54RA 184
54HD 157 54S 185
54HE 158 54T 186
Section Section 54U 187
54HF 159 Division 4C Division 7
54HG 160 Section Section
54HH 161 54V 188
Subdivision E Subdivision E 54W 189
54HI 162 54Y 191
54HJ 163 54Z 192
54HK 164 54ZA 193
Division 4 Division 5 54ZB 194
Section Section 54ZC 195
54HL 165 54ZD 196
54HM 166 54ZE 197
54HN 167 Division 4D Division 8
54HO 168 Section Section
54HP 169 54ZF 198
54HQ 170 54ZG 199
54HR 171 Division 5 Division 9
54HS 172 Section Section
54HT 173 55A 200
54HU 174 55 201
54HV 175 56 202
Division 4B Division 6 57 203
54J 176 62 205

Endnotes
63 206 80 233
Division 5A Division 10 81 234
64 207 83AA 236
65 208 Subdivision B Subdivision B
66A 210 83A 237
66B 211 83B 238
66C 212 83C 239
66D 213 83D 240
66E 214 83E 241
66F 215 83F 242
66G 216 83G 243
66GA 217 83H 244
Section Section 83J 245
66H 218 Division 8 Division 13
66J 219 Section Section
66K 220 84 246
66L 221 85 247
67 222 86 248
68 223 87 249
69 224 88 250
71 225 93 253
72 226 94 254
73 227 95 255
74 228 96 256
Subdivision A Subdivision A 98 258
76 229 100 260
77 230 100AA 261
77A 231 Division 8A Division 14

Endnotes
100B 262 114P 288

100C 263 114Q 289
100D 264 114R 290
100E 265 114S 291
100F 266 114T 292
100G 267 114U 293
100H 268 114V 294
Division 10 Division 15 114W 295
107 269 114Y 297
110 270 114Z 298
111 271 114ZA 299
112 272 114ZB 300
113 273 114ZC 301
114 274 114ZD 302
Part 2A Part 3 114ZE 303
Division 1 Division 1 114ZF 304
Section Section 114ZG 305
114A 275 Section Section
114B 276 114ZH 306
114C 277 Division 4 Division 4
114E 279 114ZJ 307
Division 2 Division 2 114ZK 308
Section Section 114ZL 309
114F 280 114ZM 310
114G 281 114ZN 311
114H 282 Division 5 Division 5
114J 283 Section Section
114K 284 114ZP 312
114L 285 114ZQ 313
Division 3 Division 3 114ZR 314
114M 286 Section Section
114N 287 114ZS 315

Endnotes
114ZT 316 115DA 342

114ZU 317 115E 343
114ZV 318 115F 344
114ZW 319 115G 345
114ZX 320 Division 2 Division 3
114ZY 321 Section Section
114ZZ 322 116 346
114ZZA 323 117 347
114ZZB 324 118 348
114ZZC 325 119 349
114ZZD 326 120 350
114ZZE 327 121 351
114ZZF 328 122 352
114ZZG 329 Division 3 Division 4
114ZZH 330 Section Section
114ZZJ 331 123 353
114ZZK 332 124 354
114ZZL 333 127 357
Part 2B Part 4 Division 4 Division 5
114ZZM 334 128 358
114ZZN 335 Section Section
114ZZP 336 129 359
Part 3 Part 5 130 360
Division 1A Division 1 131 361
Section Section 131A 362
115 337 132 363
115A 338 134A 366
115B 339 134B 367

Endnotes

136 369 151 394
141 370 154 397
142 371 155 398
143 372 156 399
144 373 159 402
145 374 160 403
146 375 161 404
147 376 162 405
148 377 163 406
150A 380 166 409
150B 381 Part 4A Part 7
150E 384 166A 410
150F 385 Division 2 Division 2
150G 386 Section Section
150H 387 166B 411
Section Section 166BA 412
150I 388 166BAA 413
150J 389 166BB 414
150K 390 Section Section
150L 391 166BC 415
150M 392 166BD 416
150N 393 166BE 417
Part 4 Part 6 166BF 418
Division 1 Division 1 166BG 419

Endnotes
Division 3 Division 3 Division 8 Division 8

166C 420 166H 442
166CA 421 166HA 443
166CB 422 166HB 444
Division 4 Division 4 166HC 445
Section Section 166HD 446
166D 423 166HE 447
166DA 424 166HF 448
Division 4 Division 4 166HG 449
Section Section 166HH 450
166DB 425 166HI 451
166DC 426 166HJ 452
166DD 427 166HK 453
166DE 428 166HL 454
166DF 429 166HM 455
Division 5 Division 5 166HN 456
166E 430 Section Section
166EA 431 166J 457
Division 6 Division 6 166JA 458
Section Section 166JB 459
166F 432 166JC 460
166FA 433 166JD 461
166FB 434 166JE 462
Division 7 Division 7 166JF 463
Section Section 166JG 464
166G 435 166JH 465
166GA 436 166JI 466
166GB 437 166JJ 467
166GC 438 166JK 468
166GD 439 166JL 469
Section Section 166JM 470
166GE 440
166GF 441

Endnotes

166K 471 169 489
166KA 472 170 490
166KB 473 171 491
Part 4B Part 8 172 492
166L 474 175 495
166LA 475 Section Section
166LB 476 178 498
166LC 477 179 499
166LD 478 180 500
166LE 479 180A 501
166LF 480 180B 502
166LG 481 Section Section
166LH 482 180C 503
166LI 483 181 504
166LJ 484 182 505
166LK 485 183 506
166LL 486 The Schedule The Schedule
Part 5 Part 9
Section Section

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Migration Act 1958

No. 62, 1958

Compilation No. 160

Compilation date: 29 March 2024

Includes amendments: Act No. 86, 2023

Registered: 9 April 2024

This compilation is in 2 volumes

Volume 1: sections 1–261K

Prepared by the Office of Parliamentary Counsel, Canberra

Migration Act 1958 i

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

ii Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 3—Migration agents and immigration assistance 41

Migration Act 1958 iii

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

iv Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Migration Act 1958 v

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

vi Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 4—Offences relating to decisions under Act 110

Part 4A—Obligations relating to identifying information 112

Migration Act 1958 vii

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 5—Review of Part 5-reviewable decisions 131

viii Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Migration Act 1958 ix

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 7—Review of Part 7-reviewable decisions 180

x Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Migration Act 1958 xi

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

xii Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Migration Act 1958 xiii

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

xiv Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 8A—Restrictions on court proceedings 266

Part 8B—Costs orders where proceedings have no reasonable

Migration Act 1958 xv

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 8C—Reports on persons in detention for more than 2

Part 8D—Civil penalties 279

xvi Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 8E—Investigation powers relating to certain offences and

Migration Act 1958 xvii

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Part 9—Miscellaneous 315

xviii Migration Act 1958

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

Migration Act 1958 xix

Compilation No. 160 Compilation date: 29/03/2024 Registered: 09/04/2024

xx Migration Act 1958