Migration Act 1958 - International Labour Organization
Migration Act 1958 No. 62, 1958 Compilation No. 144 Compilation date: 17 April 2019 Includes amendments up to: Act No. 3, 2019 Registered: 8 May 2019 This compilation is in 2 volumes Volume 1: Volume 2: sections 1–261K sections 262–507 Schedule Endnotes Each volume has its own contents This compilation includes commenced amendments made by Act No. 162, 2018 Prepared by the Office of Parliamentary Counsel, Canberra Authorised Version C2019C00181 registered 08/05/2019
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 17 April 2019 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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 Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Authorised Version C2019C00181 registered 08/05/2019
Contents Part 2—Arrival, presence and departure of persons 1 Division 14—Recovery of costs from certain persons 1 Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons . 1 Secretary or Australian Border Force Commissioner able to issue notice of debt . 2 Garnishee notice . 2 Debt from failure to comply with garnishee notice . 4 Future debts . 5 Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts . 5 Application of Division to the Crown . 6 262 263 264 265 266 267 268 Division 14A—Monitoring compliance with student visa conditions 7 Subdivision A—Preliminary 268AA 268AB 268AD 7 Definitions . 7 Division binds the Crown . 8 Powers conferred on magistrates in their personal capacity . 8 Subdivision B—Notices requiring information and documents 268BA 268BB 268BC 268BD 268BE 268BF 268BG 268BH 268BI 268BJ 268BK 268BL 268BM 268BN 8 Production notices . 8 Contents of the production notice . 9 Serving production notices . 10 Attendance notices . 10 Contents of attendance notice . 11 Scales of expenses . 11 Reasonable compensation for giving copies . 11 Offence: failing to comply with a notice . 12 Offence: giving false or misleading information . 12 Offence: giving false or misleading document . 12 Information and documents that incriminate a person . 13 Copies of documents . 13 Officer may retain documents . 13 Owner of document must be given copy . 14 Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 i Registered: 8/5/19
268BO 268BP 268BQ Retaining documents . 14 Officer may apply to magistrate or tribunal member for a further period . 15 Magistrate or tribunal member may order retention for further period . 15 Subdivision C—Searching education providers’ premises 268CA 268CB 268CC 268CD 268CE 268CF 268CG 268CH 268CI 268CJ 268CK 268CL 268CM 268CN 268CO 268CP 268CQ 268CR 268CS 268CT 268CU 268CV 268CW ii Compilation No. 144 16 Authorised officer may enter premises for a visa monitoring purpose . 16 Being on premises with consent . 17 Consent. 17 Authorised officer may apply for monitoring warrant . 17 Magistrate or tribunal member may issue monitoring warrant . 17 Magistrate or tribunal member may require more information . 18 Contents of monitoring warrant . 18 Use of reasonable force and assistance . 18 Monitoring powers of authorised officers . 19 Authorised officer on premises with consent may ask questions . 20 Authorised officer on premises under warrant may ask questions . 21 Offence: failure to answer question . 21 Offence: giving false or misleading information . 22 Offence: giving or showing documents that are false or misleading in material particulars . 22 Use of electronic equipment in exercising monitoring powers . 23 Use of electronic equipment by experts. 23 Extension of period . 24 Powers without warrant in emergency situations . 24 Retaining seized things . 25 Authorised officer may apply for a thing to be retained for a further period . 25 Magistrate or tribunal member may order that thing be retained . 26 Occupier to provide authorised officer with all facilities and assistance . 26 Announcement before entry . 27 Migration Act 1958 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 Registered: 8/5/19
268CX Copy of monitoring warrant to be given to occupier before entry . 27 Compensation for damage to electronic equipment or data. 27 Occupier entitled to be present during execution of monitoring warrant . 28 Identity cards . 28 Authorised officer must produce identity card on request . 29 Officer may apply for warrants by telephone etc. 29 Magistrate or tribunal member may grant warrant by telephone etc. . 30 Procedure for issuing warrant by telephone etc. . 30 Procedure after telephone warrant ceases or is executed . 31 Form of warrant authorises exercise of power . 31 Court to assume that exercise of power not authorised by telephone etc. warrant . 32 268CY 268CZ 268CZA 268CZB 268CZC 268CZD 268CZE 268CZF 268CZG 268CZH Division 15—General 33 Securities . 33 Reports of absences of crews of vessels . 34 Proof of certain matters . 35 Migrant centres. 38 Detention centres . 39 Secretary or Australian Border Force Commissioner may issue documents containing information concerning certain persons. 40 269 270 271 272 273 274 Part 3—Migration agents and immigration assistance Division 1—Preliminary 275 276 277 278 279 41 41 Interpretation . 41 Immigration assistance . 42 Immigration legal assistance . 44 Relation by employment . 46 Part VIIC of the Crimes Act 1914 to apply to this Part . 47 Division 2—Restrictions on giving of immigration assistance and making of immigration representations 280 48 Restrictions on giving of immigration assistance . 48 Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 iii Registered: 8/5/19
281 Restriction on charging fees for immigration assistance . 50 Restriction on charging fees for immigration representations. 50 False representation that a person is a registered migration agent . 52 Restriction on self-advertising of the giving of immigration assistance . 52 Restriction on other advertising of immigration assistance . 53 282 283 284 285 Division 3—Registration of migration agents 286 287 288 288A 288B 289 289A 290 290A 290B 291 291A 292 292A 292B 293 294 iv Compilation No. 144 54 Individuals may be registered as migration agents . 54 Register of Migration Agents . 54 Application for registration . 55 Publishing requirement. 57 Requiring applicants to make statutory declarations or to answer questions . 57 Registration . 58 Applicant must not be registered if does not satisfy registration requirements . 59 Applicant must not be registered if not a person of integrity or not fit and proper . 59 Applicant for repeat registration must not be registered if he or she has not done continuing professional development . 61 Applicant must not be registered if any unpaid registration status charge . 61 Applicant must not be registered if registration refused in past year . 61 Applicant must not be registered if suspension would be in effect . 61 Applicant must not be registered if registration cancelled in past 5 years . 62 Applicant must not be registered if any barring period has not ended . 62 Applicant must not be registered unless he or she holds appropriate professional indemnity insurance . 63 Applicant under 18 must not be registered . 63 Applicant must not be registered if not an Australian citizen, permanent resident or New Zealander with special visa . 63 Migration Act 1958 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 Registered: 8/5/19
295 299 300 301 302 303 304 304A 305 305A 305B 305C 306 306AA Notice of refusal of application . 63 Period of registration . 64 Automatic continuation of registration . 64 Migration Agents Registration Authority must warn of expiry . 66 Automatic deregistration . 66 Disciplining registered migration agents . 66 Period of suspension . 67 Conditions for lifting cautions . 68 Notice of disciplinary decision . 68 Making disciplinary details publicly available . 68 Providing disciplinary details to clients . 69 Requiring registered migration agents to give information or documents. 69 Review by the Administrative Appeals Tribunal. 71 Stay orders . 71 Division 3AA—Disciplining registered migration agents for engaging in vexatious activity 72 Subdivision A—Definitions 306AB 72 Definitions . 72 Subdivision B—Referral of registered migration agents for disciplinary action 306AC 306AD 306AE 306AF 306AG 306AGAA 306AGAB 306AGAC 306AGA 72 Minister may refer registered migration agent to the Migration Agents Registration Authority . 72 Ministerial determinations . 74 Registered migration agent may make submissions . 75 Notice of referral decision under section 306AC . 76 Migration Agents Registration Authority’s decision after a referral under section 306AC . 76 Minister may refer agent again if Migration Agents Registration Authority takes no disciplinary action . 78 Notice of referral decision under section 306AG . 80 Migration Agents Registration Authority’s disciplinary decision after a referral under section 306AGAA . 80 Cautions or suspensions . 82 Subdivision D—Review 306AJ 82 Review by the Administrative Appeals Tribunal. 82 Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 v Registered: 8/5/19
306AK Stay orders . 83 Subdivision E—Making disciplinary details available 306AL 306AM 83 Making disciplinary details publicly available . 83 Providing disciplinary details to clients . 84 Division 3A—Documents relating to clients of inactive migration agents and deceased migration agents 306A 306B 306C 306D 306E 306F 306G 306H 306J 306K 306L 85 Objects of this Division . 85 Inactive migration agents . 85 Clients . 86 Power to obtain documents from inactive migration agent . 87 Power to obtain documents from representative of deceased inactive migration agent . 88 Power to obtain documents from representative of deceased registered migration agent . 89 Reasonable compensation . 90 Failure to comply with notice . 90 Self-incrimination. 91 Migration Agents Registration Authority to give client documents to clients . 91 Compensation—constitutional safety-net . 92 Division 4—Investigations and decision-making by the Migration Agents Registration Authority 94 Requiring registered migration agents to give information . 94 Persons may make submissions . 95 Persons may appear before Migration Agents Registration Authority . 95 Migration Agents Registration Authority not bound by legal forms etc. . 96 308 309 310 311 Division 4A—Disciplining former registered migration agents 97 Subdivision A—Complaints about provision of immigration assistance 311A 311B 311C 311D vi Compilation No. 144 97 Barring former registered migration agents from being registered for up to 5 years . 97 Notice of disciplinary decision . 97 Making disciplinary details publicly available . 98 Former registered migration agent may make a submission etc. . 99 Migration Act 1958 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 Registered: 8/5/19
311E 311EA 311F Authority not bound by legal forms etc. . 99 Requiring former registered migration agents to give information or documents . 100 Review by the Administrative Appeals Tribunal. 101 Subdivision B—Engaging in vexatious activity 311G 311H 311J 311K 311L 311M 311P 101 Definitions . 101 Minister may refer former registered migration agent for disciplinary action . 101 Former registered migration agent may make submissions . 102 Notice of referral decision . 103 Taking of disciplinary action . 103 Review by the Administrative Appeals Tribunal. 105 Making disciplinary details publicly available . 105 Division 5—Obligations of registered migration agents 312 312A 312B 313 314 107 Notification obligations . 107 Notification of giving of immigration assistance to visa applicants . 108 Notification of giving of immigration assistance to review applicants . 108 Persons charged for services to be given detailed statement of services . 109 Code of Conduct for migration agents. 110 Division 6—Migration Agents Registration Authority 315 316 317 318 319 319A 320 321 321A 111 Appointing the Migration Institute of Australia Limited as the Migration Agents Registration Authority . 111 Functions of Migration Agents Registration Authority . 111 General powers of the Migration Agents Registration Authority . 112 Power to refer people to mediation. 112 Power to refer lawyers’ conduct to other authorities . 112 Institute may delegate powers and functions . 113 Minister may delegate powers and functions . 114 Disclosure of personal information to the Migration Agents Registration Authority . 114 Disclosure of personal information by the Migration Agents Registration Authority . 115 Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 vii Registered: 8/5/19
322 Annual report . 115 Division 6A—Registration application fees and registration status charges 117 Collection of registration status charge . 117 Payments to Migration Institute of Australia Limited . 117 332A 332B Division 7—Other things 332C 118 Removing disciplinary details—registered migration agents . 118 Removing disciplinary details—former registered migration agents . 118 Protection from civil proceedings. 118 Disclosure of personal information by the Secretary. 120 Disclosure of personal information by a review authority . 120 Giving of notices under this Part . 121 332D 332E 332F 332G 332H Part 4—Offences relating to decisions under Act 123 Offences in relation to false or misleading statements regarding the making of decisions . 123 Offence of undertaking, for reward, to cause decisions to be made etc. . 123 Court may order reparation for loss suffered . 124 334 335 336 Part 4A—Obligations relating to identifying information Division 1—Preliminary 336A 336B 125 125 Definitions . 125 Application . 126 Division 2—Accessing identifying information 336C 336D 127 Accessing identifying information . 127 Authorising access to identifying information . 127 Division 3—Disclosing identifying information 336E 336F 336FA 336FB viii Compilation No. 144 129 Disclosing identifying information . 129 Authorising disclosure of identifying information to foreign countries etc. . 132 Disclosure of certain personal identifiers to selected individuals . 135 Disclosure of other relevant information to selected individuals . 136 Migration Act 1958 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 Registered: 8/5/19
336FC 336FD Disclosure of certain personal identifiers to the general public . 136 Disclosure of other relevant information to the general public . 138 Division 4—Modifying and impairing identifying information 336G 336H 336J 139 Unauthorised modification of identifying information . 139 Unauthorised impairment of identifying information . 139 Meanings of unauthorised modification and unauthorised impairment etc. . 139 Division 5—Destroying identifying information 336K 336L 141 Destroying identifying information . 141 Identifying information that may be indefinitely retained . 142 Part 5—Review of Part 5-reviewable decisions 144 Division 1—Interpretation 336M 336N 337 144 Simplified outline of this Part. 144 Scope of this Part. 145 Interpretation . 145 Division 2—Part 5-reviewable decisions 147 Definition of Part 5-reviewable decision . 147 Conclusive certificates . 150 338 339 Division 3—Part 5-reviewable decisions: Tribunal review 347 151 Application for review of Part 5-reviewable decisions . 151 Tribunal to review Part 5-reviewable decisions. 152 Tribunal powers on review of Part 5-reviewable decisions . 153 Review of assessments made under section 93. 153 Minister may substitute more favourable decision . 154 Tribunal to notify Secretary of application for review of Part 5-reviewable decisions . 155 348 349 350 351 352 Division 4—Part 5-reviewable decisions: Tribunal powers 353 353B 157 Tribunal’s way of operating . 157 Guidance decisions . 157 Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 ix Registered: 8/5/19
Division 5—Part 5-reviewable decisions: conduct of review 357A 358 359 359AA 359A 359B 359C 360 360A 361 362 362A 362B 362C 363 363A 364 365 366 366A 366B 366C 366D 367 158 Exhaustive statement of natural justice hearing rule . 158 Documents to be given to the Tribunal. 158 Tribunal may seek information. 158 Information and invitation given orally by Tribunal while applicant appearing . 159 Information and invitation given in writing by Tribunal . 160 Requirements for written invitation etc. . 161 Failure to give information, comments or response in response to written invitation . 162 Tribunal must invite applicant to appear . 162 Notice of invitation to appear . 163 Applicant may request Tribunal to call witness and obtain written material . 163 Certain bridging visa decisions—request to call witnesses . 164 Applicant entitled to have access to written material before Tribunal . 165 Failure of applicant to appear before Tribunal . 165 Failure to appear—Tribunal’s decisions, written statements and notifying the applicant . 167 Powers of the Tribunal etc. . 169 Tribunal does not have power to permit a person to do something he or she is not entitled to do . 169 Tribunal’s power to take evidence . 170 Review to be in public . 170 Oral evidence by telephone etc. . 171 Applicant may be assisted by another person while appearing before Tribunal . 171 Other persons not to be assisted or represented while appearing before Tribunal. 172 Interpreters . 172 Examination and cross-examination not permitted . 173 Certain bridging visa decisions—to be made within prescribed period . 173 Division 6—Part 5-reviewable decisions: Tribunal decisions 368 368A x Compilation No. 144 174 Tribunal’s decision and written statement . 174 Notifying parties of Tribunal’s decision (decision not given orally) . 175 Migration Act 1958 Compilation date: 17/4/19 Authorised Version C2019C00181 registered 08/05/2019 Registered: 8/5/19
368D Tribunal’s decisions g
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 17 April 2019 (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
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