Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 268CZA — Identity cards
(1) For the purposes of this Subdivision, an authorised officer’s identity card must be in a form approved by the Secretary or Australian Border Force Commissioner. It must contain a recent…
Section 268AB — Division binds the Crown
(1) This Division binds the Crown in each of its capacities. (2) However, nothing in this Division makes the Crown in any capacity liable to be prosecuted for an offence.
Section 268BB — Contents of the production notice
(1) A production notice must: (a) state that it is given under section 268BA; and (b) set out the effects of sections 268BH, 268BI and 268BJ; and (c) state how and by when the information or…
Section 268CB — Being on premises with consent
(1) An authorised officer may enter premises under section 268CA with the consent of the occupier of the premises at any reasonable time of the day or night. (2) However, the authorised officer must…
Section 268CZB — Authorised officer must produce identity card on request
An authorised officer is not entitled to exercise any powers under this Subdivision in relation to premises if: (a) the occupier of the premises requests the authorised officer to show his or her…
Section 268BC — Serving production notices
(1) The Secretary or Australian Border Force Commissioner must give a production notice to an individual: (a) by delivering it to the individual personally; or (b) by: (i) leaving it at the address…
Section 268CC — Consent
(1) Before obtaining the consent of a person for the purposes of paragraph 268CA(2)(a), the authorised officer must inform the person that he or she may refuse consent. (2) An entry of an authorised…
Section 268CZC — Officer may apply for warrants by telephone etc.
(1) An authorised officer may apply to a magistrate or ART member for a warrant under section 268CE by telephone, fax or other electronic means if the officer thinks it necessary to do so because of…
Section 268AD — Powers conferred on magistrates in their personal capacity
(1) A power conferred on a magistrate by section 268BQ, 268CE, 268CU or 268CZD is conferred on the magistrate in a personal capacity and not as a court or a member of a court. (2) The magistrate need…
Section 268BD — Attendance notices
(1) This section applies if the Secretary or Australian Border Force Commissioner reasonably believes that an individual specified in subsection (3) has, or has access to, information or documents…
Section 268CD — Authorised officer may apply for monitoring warrant
(1) An authorised officer may apply to a magistrate or ART member for a monitoring warrant in relation to premises mentioned in subsection 268CA(1). Note: Monitoring warrants may also be obtained by…
Section 268CZD — Magistrate or ART member may grant warrant by telephone etc.
(1) Before issuing the warrant the magistrate or ART member must: (a) consider the information prepared under subsection 268CZC(3); and (b) receive any further information that the magistrate or ART…
Section 268BE — Contents of attendance notice
(1) An attendance notice must: (a) state that it is given under section 268BD; and (b) set out the effects of sections 268BH, 268BI and 268BJ; and (c) state where and when the individual is to…
Section 268CE — Magistrate or ART member may issue monitoring warrant
The magistrate or ART member may issue a monitoring warrant if he or she is satisfied that it is reasonably necessary that one or more authorised officers have access to the premises mentioned in…
Section 268CZE — Procedure for issuing warrant by telephone etc.
(1) If the magistrate or ART member issues a monitoring warrant under section 268CZD, the magistrate or ART member must complete and sign a warrant that is the same as the monitoring warrant that the…
Section 268BF — Scales of expenses
The regulations may prescribe scales of expenses to be allowed to persons required to give information or documents under this Subdivision.
Section 268CF — Magistrate or ART member may require more information
(1) The magistrate or ART member may require an authorised officer or other person to give the magistrate or ART member further information on oath or affirmation concerning the grounds on which the…
Section 268CZF — Procedure after telephone warrant ceases or is executed
(1) An authorised officer who completes a form of warrant under section 268CZE must send the magistrate or ART member who signed the monitoring warrant: (a) the form of warrant completed by the…
Section 268BG — Reasonable compensation for giving copies
A person is entitled to be paid by the Commonwealth reasonable compensation for complying with a requirement covered by paragraph 268BA(2)(c) (copies of documents given under production notices).
Section 268CG — Contents of monitoring warrant
(1) A monitoring warrant must: (a) authorise one or more authorised officers: (i) to enter the premises; and (ii) to exercise the powers under section 268CI in relation to the premises; and (b) state…
Section 268CZG — Form of warrant authorises exercise of power
The form of warrant completed under section 268CZE is authority for any exercise of a power that the monitoring warrant issued under section 268CZD is authority for, if the form of warrant is in…
Section 268BH — Offence: failing to comply with a notice
(1) A person who refuses or fails to comply with a production or attendance notice commits an offence. Penalty: Imprisonment for 6 months. (2) However, a person does not commit an offence in relation…
Section 268CH — Use of reasonable force and assistance
An authorised officer may use such assistance and force as is necessary and reasonable in entering the premises under a monitoring warrant and exercising the powers under section 268CI.
Section 268CZH — Court to assume that exercise of power not authorised by telephone etc. warrant
A court must assume (unless the contrary is proved) that an exercise of power was not authorised by a monitoring warrant if the monitoring warrant signed by the magistrate or ART member under section…
Section 268BI — Offence: giving false or misleading information
A person who gives false or misleading information in the course of complying or purporting to comply with a production or attendance notice commits an offence. Penalty: Imprisonment for 12 months.
Section 268CI — Monitoring powers of authorised officers
(1) For the purposes of this Subdivision, the following are the monitoring powers that an authorised officer may exercise in relation to premises under section 268CA: (a) to search the premises, and…
Section 268BJ — Offence: giving false or misleading document
(1) A person who gives or shows a document that is false or misleading in a material particular, in the course of complying or purporting to comply with a production or attendance notice, commits an…
Section 268CJ — Authorised officer on premises with consent may ask questions
An authorised officer who is only authorised to enter premises because the occupier of the premises consented to the entry may: (a) ask the occupier to: (i) answer any questions that are relevant to…
Section 268BK — Information and documents that incriminate a person
(1) A person is not excused from the requirement to comply with a production or attendance notice on the ground that doing so might tend to incriminate the person or expose the person to a penalty.…
Section 268CK — Authorised officer on premises under warrant may ask questions
An authorised officer who is authorised to enter premises by a monitoring warrant may: (a) require the occupier of the premises to: (i) answer any questions that are relevant to a visa monitoring…
Section 268BL — Copies of documents
An authorised officer, or another officer with an authorised officer’s permission, may: (a) inspect a document given or shown to the authorised officer under this Subdivision; and (b) make and retain…
Section 268CL — Offence: failure to answer question
(1) A person commits an offence if the person refuses or fails to comply with a requirement under section 268CK (officer on premises under warrant may ask questions). Penalty: Imprisonment for 6…
Section 268BM — Officer may retain documents
(1) An authorised officer, or another officer with an authorised officer’s permission, may retain a document given to the authorised officer under this Subdivision: (a) for the purposes of this Act;…
Section 268CM — Offence: giving false or misleading information
A person who gives false or misleading information in the course of complying or purporting to comply with a request under section 268CJ or a requirement under section 268CK commits an offence.…
Section 268BN — Owner of document must be given copy
(1) If an officer retains a document under section 268BM, then the Secretary or Australian Border Force Commissioner must as soon as practicable: (a) certify a copy of the document to be a true copy;…
Section 268CN — Offence: giving or showing documents that are false or misleading in material particulars
(1) A person who gives or shows a document that is false or misleading in a material particular, in the course of complying or purporting to comply with a request under section 268CJ or a requirement…
Section 268BO — Retaining documents
(1) This section applies 60 days after a document is given to an authorised officer under this Subdivision. (2) The authorised officer must take reasonable steps to return the document to the person…
Section 268CO — Use of electronic equipment in exercising monitoring powers
In order to exercise monitoring powers, an authorised officer or a person assisting may operate electronic equipment on the premises if he or she reasonably believes that this can be done without…
Section 268BP — Officer may apply to magistrate or ART member for a further period
(1) An authorised officer given a document under this Subdivision, or another officer who is currently retaining such a document, may apply to a magistrate or ART member for an order that the officer…
Section 268CP — Use of electronic equipment by experts
(1) This section applies if the authorised officer or a person assisting reasonably believes that: (a) there is on the premises information belonging to the education provider concerned: (i) that is…
Section 268BQ — Magistrate or ART member may order retention for further period
(1) The magistrate or ART member may order that the officer who made the application under section 268BP may retain the document if the magistrate or ART member is satisfied that it is necessary for…
Section 268CQ — Extension of period
(1) If an authorised officer or a person assisting reasonably believes that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate or ART member for an…
Section 268CR — Powers without warrant in emergency situations
(1) This section applies when an authorised officer is on premises under section 268CA if the officer reasonably suspects that: (a) a thing relevant to an offence against this Act or the regulations,…
Section 268CS — Retaining seized things
(1) This section applies to an authorised officer when one of the following happens in respect of a thing seized under section 268CR: (a) the reason for the thing’s seizure no longer exists or it is…
Section 268CT — Authorised officer may apply for a thing to be retained for a further period
(1) This section applies if an authorised officer has seized a thing under section 268CR and proceedings in respect of which the thing might afford evidence have not commenced before the end of: (a)…
Section 268CU — Magistrate or ART member may order that thing be retained
(1) The magistrate or ART member may order that the authorised officer who made an application under section 268CT may retain the thing if the magistrate or ART member is satisfied that it is…
Section 268CV — Occupier to provide authorised officer with all facilities and assistance
(1) The occupier of the premises to which a monitoring warrant relates must provide the authorised officer executing the warrant and any person assisting that officer with all reasonable facilities…
Section 268CW — Announcement before entry
An authorised officer executing a monitoring warrant must, before entering premises under the warrant: (a) announce that he or she is authorised to enter the premises; and (b) give a person on the…
Section 268CX — Copy of monitoring warrant to be given to occupier before entry
(1) If a monitoring warrant is being executed on premises and the occupier of the premises is present, the authorised officer must make a copy of the warrant available to the occupier. (2) The…
Section 268CY — Compensation for damage to electronic equipment or data
(1) This section applies if: (a) damage is caused to equipment as a result of it being operated as mentioned in section 268CO; or (b) the data recorded on the equipment is damaged or programs…