Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 245AYM — Publishing information about prohibited employers
(1) If the Minister makes a declaration under subsection 245AYK(1) in relation to a person, the Minister must cause to be published on the Department’s website the following information: (a) the name…
Section 245M — Approved fall-back reporting systems may be used in certain circumstances
(1) This section applies if: (a) the approved primary reporting system for reporting on passengers or crew on an aircraft or ship is an electronic system; and (b) either: (i) the operator of the…
Section 245AN — Charge and trial for an aggravated offence
(1) If the prosecution intends to prove an offence against subsection 245AD(1) or (2), the charge must allege that the worker referred to in that subsection has been exploited. (2) If the prosecution…
Section 245AYN — Former prohibited employers to give certain information
(1) This section applies if: (a) a person was a prohibited employer for a particular period (the prohibition period); and (b) the person allows a non-citizen to begin work on a particular day (the…
Section 245N — Offence for failure to comply with reporting obligations
(1) An operator of an aircraft or ship who intentionally contravenes subsection 245L(2) or 245LA(2) commits an offence punishable, on conviction, by a penalty not exceeding 120 penalty units. (2) An…
Section 245AO — Treatment of partnerships
(1) This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to a partnership as if it were a person, but with the changes set out in this…
Section 245AYO — Contravening civil penalty provisions
(1) This section applies if a civil penalty provision in this Subdivision provides that a person contravening another provision of this Subdivision (the conduct rule provision) is liable to a civil…
Section 245AP — Treatment of unincorporated associations
(1) This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to an unincorporated association as if it were a person, but with the changes set…
Section 245AYP — Compliance notices
Scope (1) This section applies if an authorised officer reasonably believes that a person has contravened a conduct rule provision (within the meaning of subsection 245AL(1) or 245AYO(1)). Giving a…
Section 245AQ — Definitions
In this Subdivision: benefit includes: (a) a payment or other valuable consideration; and (b) a deduction of an amount; and (c) any kind of real or personal property; and (d) an advantage; and (e) a…
Section 245AR — Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship-related event
(1) A person (the first person) contravenes this subsection if: (a) the first person asks for, or receives, a benefit from another person; and (b) the first person asks for, or receives, the benefit…
Section 245AS — Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship-related event
(1) A person (the first person) contravenes this subsection if: (a) the first person offers to provide, or provides, a benefit to another person (the second person); and (b) the first person offers…
Section 245AT — Criminal liability of executive officers of bodies corporate
(1) An executive officer of a body corporate commits an offence if: (a) the body commits an offence (the sponsorship-related offence) against this Subdivision; and (b) the officer knew that, or was…
Section 245AU — Civil liability of executive officers of bodies corporate
(1) An executive officer of a body corporate contravenes this subsection if: (a) the body contravenes (the sponsorship-related contravention) a civil penalty provision in this Subdivision; and (b)…
Section 245AV — Contravening civil penalty provisions
(1) This section applies if a civil penalty provision in this Subdivision provides that a person contravening another provision of this Subdivision (the conduct rule provision) is liable to a civil…
Section 245AW — Geographical scope of offence and civil penalty provisions
Offences (1) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against this Subdivision. Contraventions of civil penalty provisions (2) An order…
Section 245AX — Treatment of partnerships
(1) This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to a partnership as if it were a person, but with the changes set out in this…
Section 245AY — Treatment of unincorporated associations
(1) This Subdivision, and any other provision of this Act to the extent that it relates to this Subdivision, apply to an unincorporated association as if it were a person, but with the changes set…
Section 246 — Appointment of boarding stations
(1) The Governor-General may, by Proclamation, appoint a place in a port to be the boarding station for that port for the purposes of this Act. (2) Where a boarding station for a port is for the time…
Section 247 — Vessels to enter ports and be brought to boarding stations
(1) The master of a vessel which has entered Australia from overseas shall not suffer the vessel to enter any place other than a port. Penalty: 200 penalty units. (2) The master of a vessel (other…
Section 248 — Exemption
Where the Minister is satisfied that it is no longer necessary for the purposes of this Act that a provision of section 247 should continue to apply in relation to a vessel, the Minister shall, by…
Section 249 — Certain persons may be prevented from entering or landing
(1) An officer may: (a) prevent a person whom the officer reasonably suspects to be an unlawful non-citizen from leaving a vessel on which the person arrived in Australia; or (b) prevent a removee or…
Section 250 — Detention of suspected offenders
(1) In this section: suspect means a non-citizen who: (a) travelled, or was brought, to the migration zone; and (b) is believed by an authorised officer on reasonable grounds to have been on board a…
Section 251 — Powers of entry and search
(1) An officer may at any time board and search a vessel if the officer reasonably suspects there is on board the vessel: (a) an unlawful non-citizen; or (b) a person seeking to enter the migration…
Section 251A — Searches of detainees etc.—prohibited things
(1) A thing is a prohibited thing in relation to a person in detention (whether or not the person is detained in an immigration detention facility), or in relation to an immigration detention…
Section 251AA — Searches of detainees etc.—exercise of powers relating to prohibited things determined under paragraph 251A(2)(b)
Purpose and belief relating to immigration detention facility risks (1) The exercise of a power covered by subsection (7) is authorised only if the purpose of exercising the power is to prevent or…
Section 251AB — Searches of detainees etc.—access to alternative means of communication
(1) Without limiting section 256 (person in immigration detention may have access to certain advice, facilities etc.), the Secretary must ensure that a detainee who is detained in an immigration…
Section 251B — Searches of detainees etc.—exercise of powers generally
Visibility or intentional concealment of things—search etc. powers (1) An authorised officer may exercise a power to search for a thing under section 252 or 252BA: (a) whether or not the thing is…
Section 251AC — Further limits on certain powers—implied freedom of political communication
Each of the following powers may not be exercised to the extent (if any) that the exercise of the power would infringe any constitutional doctrine of implied freedom of political communication: (a)…
Section 252 — Searches of detainees etc.—general powers of personal search and seizure
Scope (1) This section applies in relation to the following persons: (a) a detainee; (b) a person who is a non-citizen, if: (i) the person has not been immigration cleared; and (ii) an authorised…
Section 252A — Searches of detainees—strip searches
(1) An authorised officer may, without warrant, conduct a strip search of a detainee, other than a detainee to whom section 252F applies, for any of the following things on the detainee’s body, in…
Section 252AA — Searches of detainees—screening procedures
(1) An authorised officer may, without warrant, conduct a screening procedure in relation to a detainee, other than a detainee to whom section 252F applies, for any of the following things on the…
Section 252BA — Searches of certain immigration detention facilities—general
Search (1) An authorised officer may, without warrant, conduct a search of an immigration detention facility operated by or on behalf of the Commonwealth, including, without limitation, a search…
Section 252CA — Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things
Scope—certain prohibited things (1) This section applies in relation to a prohibited thing determined under paragraph 251A(2)(b), unless subsection 252C(1) applies in relation to the prohibited…
Section 252B — Searches of detainees—rules for conducting a strip search
(1) A strip search of a detainee under section 252A: (a) must not subject the detainee to greater indignity than is reasonably necessary to conduct the strip search; and (b) must be conducted in a…
Section 252BB — Searches of certain immigration detention facilities—authorised officers’ assistants
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 in conducting a search under…
Section 252CB — Screening and strip searches of detainees and searches of facilities—return of seized things
Reasonable steps to return seized things (1) If this section applies, because of subsection 252C(4) or 252CA(5), in relation to a thing that has been seized under paragraph 252C(1)(d) or subsection…
Section 252C — Screening and strip searches of detainees and searches of facilities—seizure (general)
Seizure (1) Subject to subsection (2), in the course of the conduct of a screening procedure under section 252AA, or of a search under section 252A or 252BA, an authorised officer may seize a thing…
Section 252D — Retention of certain seized things for extended period—application for order by magistrate
(1) This section applies if an authorised officer seized a thing under paragraph 252C(1)(d) and proceedings in respect of which the thing might provide evidence have not commenced before the end of:…
Section 252E — Retention of certain seized things for extended period—order by magistrate
(1) The magistrate may order that the authorised officer who made an application under section 252D may retain the thing if the magistrate is satisfied that it is necessary for the authorised officer…
Section 252F — Detainees held in State or Territory prisons or remand centres
(1) This section applies to a detainee if: (a) he or she is held in immigration detention in a prison or remand centre of a State or Territory; and (b) a law of that State or Territory confers a…
Section 252G — Persons entering immigration detention facilities—screening powers
(1) An officer may request that a person about to enter an immigration detention facility operated by or on behalf of the Commonwealth do one or more of the following: (a) walk through screening…
Section 253 — Detention of deportee
(1) Where an order for the deportation of a person is in force, an officer may, without warrant, detain a person whom the officer reasonably supposes to be that person. (2) A person detained under…
Section 254 — Removees and deportees held in other custody
(1) This section applies if a person is a removee or a deportee and is in the custody of an authority of the Commonwealth, a State or a Territory, otherwise than under this Act. (2) The Secretary or…
Section 255 — Prescribed authorities
(1) The Minister may appoint as a prescribed authority for the purposes of section 253 a person who is or has been a Judge of a Federal Court or of the Supreme Court of a State or Territory or a…
Section 256 — Person in immigration detention may have access to certain advice, facilities etc.
Where a person is in immigration detention under this Act, the person responsible for his or her immigration detention shall, at the request of the person in immigration detention, give to him or her…
Section 257 — Persons may be required to answer questions
(1) For the purpose of determining whether a person who is in immigration detention under this Act is an unlawful non-citizen, a removee or a deportee, an officer may put to that person such…
Section 257A — Person may be required to provide personal identifiers
(1) Subject to subsection (3), the Minister or an officer may, in writing or orally, require a person to provide one or more personal identifiers for the purposes of this Act or the regulations. (2)…
Section 258 — Minister may determine that specified persons are not to be required to provide personal identifiers etc.
The Minister may determine, by legislative instrument, that: (a) a specified person, or a person included in a specified class of persons, must not be required to provide under section 257A: (i) any…
Section 258A — When detainees must not be required to provide personal identifiers under section 257A
A person must not be required to provide a personal identifier under section 257A if: (a) the person is in immigration detention (but not only because he or she is detained for questioning detention…