Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 258B — Information to be provided—authorised officers carrying out identification tests
(1) Before an authorised officer carries out an identification test on a person for the purposes of section 257A, the authorised officer must inform the person of such matters as are prescribed. (2)…
Section 258D — Regulations may prescribe manner for carrying out identification tests
(1) The regulations may prescribe the manner in which an identification test is to be carried out on a person under section 257A. (2) The regulations may prescribe the procedure and requirements that…
Section 258E — General rules for carrying out identification tests
An identification test that an authorised officer carries out under section 257A: (a) must be carried out in circumstances affording reasonable privacy to the person; and (b) must not be carried out…
Section 258F — Person must not be required to provide personal identifiers in a cruel, inhuman or degrading way etc.
For the purposes of this Act, a requirement to provide a personal identifier, or the provision of a personal identifier, in a particular way under section 257A is not of itself taken: (a) to be…
Section 258G — Authorised officer may get help to carry out identification tests
An authorised officer may ask another authorised officer or an officer to help him or her to carry out the identification test, and the other person may give that help.
Section 259 — Detention of vessel for purpose of search
(1) The Secretary or Australian Border Force Commissioner may, by notice in writing to the master of a vessel which has arrived in Australia not more than one month before the date of the notice,…
Section 260 — Detention of vessel pending recovery of penalty
(1) The Secretary or Australian Border Force Commissioner may, in writing, direct an officer to detain a vessel where, in the Secretary’s or Australian Border Force Commissioner’s opinion, the…
Section 261 — Disposal of dilapidated vessels etc.
(1) If a non-citizen who enters Australia: (a) is required to comply with section 166 (immigration clearance); and (b) either: (i) does not comply; or (ii) on complying, is detained under section…
Section 261A — Forfeiture of things used in certain offences
(1) The following things are forfeited to the Commonwealth: (a) a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention…
Section 261AA — Immigration detainees must provide personal identifiers
(1) A non-citizen who is in immigration detention must (other than in the prescribed circumstances) provide to an authorised officer one or more personal identifiers. (1A) An authorised officer must…
Section 261AKA — Definitions
In this Subdivision, unless the contrary intention appears: permitted provision, of a video recording, has the meaning given by subsection 261AKD(2). provide, in relation to a video recording,…
Section 261AB — Authorised officers must require and carry out identification tests
(1) The authorised officer must, other than in the circumstances prescribed for the purposes of subsection 261AA(1): (a) require, in writing or orally, the non-citizen to provide one or more personal…
Section 261AKB — Accessing video recordings
(1) A person commits an offence if: (a) the person accesses a video recording; and (b) the person is not authorised under section 261AKC to access the video recording for the purpose for which the…
Section 261B — Seizure of things used in certain offences
(1) An authorised officer may seize a thing in Australia, or may order an officer to seize a thing in Australia, if: (a) the thing is forfeited under section 261A; or (b) the authorised officer…
Section 261AC — Information to be provided before carrying out identification tests
(1) Before carrying out an identification test, the authorised officer must: (a) inform the non-citizen that the non-citizen may ask that an independent person be present while the identification…
Section 261AKC — Authorising access to video recordings
(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: (a) all video recordings;…
Section 261C — Application of this Subdivision
This Subdivision sets out rules about a thing that an officer seizes under section 261B.
Section 261AD — General rules for carrying out identification tests
An identification test under this Division: (a) must be carried out in circumstances affording reasonable privacy to the non-citizen; and (b) if the non-citizen so requests and it is practicable to…
Section 261AKD — Providing video recordings
(1) A person commits an offence if: (a) the person’s conduct causes a video recording to be provided to another person; and (b) the provision of the recording is not a permitted provision of the…
Section 261D — Notice of seizure
(1) The officer must give written notice of the seizure of the thing to the owner of the thing. However, if the owner cannot be identified after reasonable inquiry, the officer must give the notice…
Section 261AE — Use of force in carrying out identification tests
When use of force is permitted (1) Subject to subsection (2) and section 261AF, an authorised officer, or a person authorised under section 261AG to help the authorised officer, may use reasonable…
Section 261AKE — Unauthorised modification of video recordings
A person commits an offence if: (a) the person causes any unauthorised modification of a video recording; and (b) the person intends to cause the modification; and (c) the person knows that the…
Section 261E — Dealing with thing before it is condemned
(1) The Secretary or Australian Border Force Commissioner may, on behalf of the Commonwealth, cause the thing to be disposed of or destroyed if: (a) its custody or maintenance creates serious…
Section 261AF — Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
For the purposes of this Act, the carrying out of the identification test is not of itself taken: (a) to be cruel, inhuman or degrading; or (b) to be a failure to treat a person with humanity and…
Section 261AKF — Unauthorised impairment of video recordings
A person commits an offence if: (a) the person causes any unauthorised impairment of: (i) the reliability of a video recording; or (ii) the security of the storage of a video recording; or (iii) the…
Section 261F — Thing condemned if not claimed in time
(1) By force of this subsection, the thing is condemned as forfeited to the Commonwealth 21 days after notice of seizure of the thing has been given under section 261D, unless: (a) the following…
Section 261AG — Authorised officer may get help to carry out identification tests
An authorised officer may ask another authorised officer or an officer to help him or her to carry out the identification test, and the other person may give that help.
Section 261AKG — Meanings of unauthorised modification and unauthorised impairment etc.
(1) In this Subdivision: (a) modification of a video recording; or (b) impairment of the reliability of a video recording; or (c) impairment of the security of the storage of a video recording; or…
Section 261G — Dealing with claim for thing
(1) If the thing is claimed under section 261F: (a) an officer may retain possession of the thing whether or not any proceedings for the condemnation of the thing have been instituted; and (b) the…
Section 261AH — Identification tests to be carried out by authorised officer of same sex as non-citizen
If the non-citizen requests that the identification test be carried out by an authorised officer of the same sex as the non-citizen, the test must only be carried out by an authorised officer of the…
Section 261AKH — Destroying video recordings
A person commits an offence if: (a) the person is the person who has day-to-day responsibility for the system under which a video recording is stored; and (b) the person fails physically to destroy…
Section 261H — What happens if thing is claimed
(1) This section applies if the Secretary or Australian Border Force Commissioner gives the claimant a notice under section 261G about instituting proceedings: (a) to recover the thing; or (b) for a…
Section 261AI — Independent person to be present
The identification test must be carried out in the presence of an independent person if: (a) force is used in carrying out the identification test; or (b) both of the following apply: (i) the…
Section 261I — Dealing with thing after it is condemned
If the thing is condemned as forfeited to the Commonwealth, the thing must be dealt with or disposed of in accordance with the directions of the Secretary.
Section 261AJ — Recording of identification tests
(1) An authorised officer may video record the carrying out of the identification test. (2) If the carrying out of the identification test is not video recorded, the authorised officer may decide…
Section 261J — Operation of Division
Sections 260 and 261 do not limit the operation of this Division.
Section 261AK — Retesting
When retesting is permitted (1) If: (a) an authorised officer has carried out an identification test (the earlier test) on a non-citizen in accordance with this Division (including a test authorised…
Section 261K — Minister’s order that a thing not be condemned
(1) A power of the Minister under this Division to give a written order that a thing is not to be condemned as forfeited must be exercised by the Minister personally. (2) The Minister does not have a…
Section 261AL — Minors
Minors less than 15 years old (1) A person who is less than 15 years old must not be required under Division 13AA of this Part to provide a personal identifier other than a personal identifier…
Section 261AM — Incapable persons
Incapable persons (1) A person who is an incapable person must not be required under Division 13AA of this Part to provide a personal identifier other than a personal identifier consisting of: (a) a…
Section 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…
Section 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…
Section 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…
Section 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…
Section 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,…
Section 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…
Section 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…
Section 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…
Section 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…
Section 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)…