Section 84B — Migration Act 1958: Minister may make arrival control determinations

(1) The Minister may, by legislative instrument, make a determination (an arrival control determination) specifying that section 84E (suspension of temporary visas held by non-citizens) applies, either generally or in specified circumstances, to one or more specified classes of non-citizens. Note: Section 84F requires the Minister to cause a copy of an arrival control determination to be tabled in each House of the Parliament within 2 sitting days of that House after making the determination. (2) Before making an arrival control determination, the Minister must be reasonably satisfied that: (a) an event or circumstance has occurred, or is occurring, outside Australia; and (b) one or both of the following apply: (i) having regard to the event or circumstance, non-citizens of a kind to whom the determination is to apply may, if they enter Australia on a temporary visa, remain in Australia after the visa ceases to be in effect; (ii) if the event or circumstance had occurred, or had been occurring, at the time non-citizens of a kind to whom the determination is to apply were to make an application for a temporary visa, the visa may not have been granted; and (c) having regard to the object of this Subdivision, it is in the national interest to make the determination. (3) Before making an arrival control determination, the Minister must obtain agreement in writing to the making of the determination from: (a) the Prime Minister; and (b) the Minister administering the Diplomatic Privileges and Immunities Act 1967. (4) The Minister may, by legislative instrument, revoke an arrival control determination made under subsection (1). When arrival control determination is in force (5) An arrival control determination must specify the period for which the determination is in force, which must not be longer than the period that the Minister considers appropriate in all the circumstances. Note: Under subsection (6), an arrival control determination cannot be in force longer than the period of 6 months beginning on the day after the day the determination commences. (6) An arrival control determination is repealed at the earlier of the following times (unless revoked earlier under subsection (4)): (a) the end of the period specified for the purposes of subsection (5); (b) the end of the period of 6 months beginning on the day after the day the determination commences. Personal power etc. (7) The power under subsection (1) or (4) may only be exercised by the Minister personally. (8) The rules of natural justice do not apply to an exercise of power under subsection (1) or (4). (9) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to the power under subsection (1) of this section. Note: An arrival control determination may not be varied or amended, but may be revoked under subsection (4) of this section. (10) Nothing in this Act prevents the Minister from exercising the power in subsection (1) more than once in relation to: (a) the same event or circumstance; or (b) the same class of non-citizens. (11) An arrival control determination may make different provision with respect to different classes of non-citizens. (12) The Minister must ensure only one arrival control determination is in force in relation to a particular class of non-citizens at any one time. (13) Section 42 (disallowance) of the Legislation Act 2003 does not apply to: (a) an arrival control determination made under subsection (1); or (b) a revocation of an arrival control determination under subsection (4).