Section 72 — Migration Act 1958: Interpretation

(1) In this Subdivision: eligible non-citizen means a non-citizen who: (a) has been immigration cleared; or (b) is in a prescribed class of persons; or (c) the Minister has determined to be an eligible non-citizen. (2) The Minister may make a determination under paragraph (1)(c) that a non-citizen is an eligible non-citizen if: (a) the non-citizen was an unlawful non-citizen when he or she entered the migration zone; and (b) the non-citizen made a valid application for a protection visa after he or she arrived in Australia; and (c) the non-citizen has been in immigration detention for a period of more than 6 months after the application for a protection visa was made; and (d) the Minister has not made a primary decision in relation to the application for a protection visa; and (e) the Minister thinks that the determination would be in the public interest. (3) The power to make a determination under paragraph (1)(c) may only be exercised by the Minister personally. (4) If the Minister makes a determination under paragraph (1)(c), he or she is to cause to be laid before each House of the Parliament a statement that: (a) sets out the determination; and (b) sets out the reasons for the determination, 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 any non-citizen who is the subject of the determination; or (b) any information that may identify the non-citizen; or (c) 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, or any information that may identify the 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 determination is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or (b) if the determination 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 make a determination under paragraph (1)(c) in respect of any non-citizen, whether he or she is requested to do so by the non-citizen or any other person, or in any other circumstances.