Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 336A — Definitions
In this Part: data base means a discrete body of information stored by electronic means, containing: (a) indexes of persons who have provided personal identifiers in accordance with a requirement…
Section 336FA — Disclosure of certain personal identifiers to selected individuals
(1) For the purposes of paragraph 336E(2)(j), this section authorises the disclosure, by an officer, of identifying information that relates to a person (the subject) if: (a) the information…
Section 336B — Application
Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to all offences against this Part.
Section 336FB — Disclosure of other relevant information to selected individuals
(1) An officer may disclose, to an individual, personal information about a person (the subject) if: (a) the officer is disclosing, to the individual, a personal identifier of the subject and the…
Section 336C — Accessing identifying information
(1) A person commits an offence if: (a) the person accesses identifying information; and (b) the person is not authorised under section 336D to access the identifying information for the purpose for…
Section 336FC — Disclosure of certain personal identifiers to the general public
(1) For the purposes of paragraph 336E(2)(k), this section authorises the disclosure of identifying information that relates to a person (the subject) who is not a minor, if: (a) the information…
Section 336D — Authorising access to identifying information
(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 identifying information of…
Section 336FD — Disclosure of other relevant information to the general public
(1) For the purposes of paragraph 6.2(b) of Australian Privacy Principle 6, the disclosure by a person of personal information about another person (the subject) is taken to be a disclosure that is…
Section 336E — Disclosing identifying information
(1) A person commits an offence if: (a) the person’s conduct causes disclosure of identifying information; and (b) the disclosure is not a permitted disclosure. Penalty: Imprisonment for 2 years, or…
Section 336F — Authorising disclosure of identifying information to foreign countries etc.
(1) The Secretary or Australian Border Force Commissioner may, in writing, authorise a specified officer, or any officer included in a specified class of officers, to disclose identifying information…
Section 336G — Unauthorised modification of identifying information
A person commits an offence if: (a) the person causes any unauthorised modification of identifying information; and (b) the person intends to cause the modification; and (c) the person knows that the…
Section 336H — Unauthorised impairment of identifying information
A person commits an offence if: (a) the person causes any unauthorised impairment of: (i) the reliability of identifying information; or (ii) the security of the storage of identifying information;…
Section 336J — Meanings of unauthorised modification and unauthorised impairment etc.
(1) In this Part: (a) modification of identifying information; or (b) impairment of the reliability of identifying information; or (c) impairment of the security of the storage of identifying…
Section 336K — Destroying identifying information
(1) A person commits an offence if: (a) the person is the responsible person for identifying information; and (b) the identifying information is not of a kind that may, under section 336L, be…
Section 336L — Identifying information that may be indefinitely retained
(1) Identifying information may be indefinitely retained if the non-citizen to whom it relates: (a) is, or has ever been, in immigration detention; or (b) has ever had an application for a visa…
Section 336M — Simplified outline of this Part
This Part provides for the review of reviewable migration decision and reviewable protection decisions by the ART (short for the Administrative Review Tribunal). Such decisions relate to the grant or…
Section 336N — Scope of this Part
This Part applies in relation to the review by the ART of reviewable migration decisions and reviewable protection decisions. Note: ART stands for Administrative Review Tribunal (see subsection 5(1)).
Section 336P — Interaction with the ART Act
(1) Subject to sections 357A and 367E of this Act, the ART Act applies in relation to a review by the ART of reviewable migration decisions and reviewable protection decisions unless this Part…
Section 337 — Interpretation
In this Part: application to be reviewed on the papers: see subsections 367C(2) and (3). Australian permanent resident means an Australian permanent resident within the meaning of the regulations.…
Section 338 — Meaning of reviewable migration decision
(1) A decision is a reviewable migration decision if this section so provides, unless: (a) the Minister has issued a conclusive certificate under section 339 in relation to the decision; or (b) the…
Section 338A — Meaning of reviewable protection decision
(1) Subject to subsection (2), the following decisions are reviewable protection decisions: (a) a decision, made before 1 September 1994, that a non-citizen is not a refugee under the Refugees…
Section 339 — Conclusive certificates
The Minister may issue a conclusive certificate in relation to a decision if the Minister believes that: (a) it would be contrary to the national interest to change the decision; or (b) it would be…
Section 347 — Application for ART review
Making an application (1) An application may be made to the ART for review of a reviewable migration decision or a reviewable protection decision. (2) The application must: (a) include the prescribed…
Section 347A — Who can apply for ART review etc.
(1) An application for review of a reviewable migration decision may only be made by: (a) for a decision covered by subsection 338(2), (3), (3A), (4) or (7A)—the non-citizen who is the subject of…
Section 348 — ART to review reviewable migration decisions and reviewable protection decisions
(1) If an application to the ART for review of a reviewable migration decision or a reviewable protection decision is properly made under sections 347 and 347A, the ART must review the decision.…
Section 348A — Parties to a proceeding for review
(1) The Minister is taken to be a non-participating party to a proceeding for review of a reviewable migration decision or a reviewable protection decision for the purposes of the ART Act, other than…
Section 349 — Remittal
(1) Subparagraph 105(c)(ii) of the ART Act does not apply in relation to a reviewable migration decision or a reviewable protection decision. (2) If a reviewable migration decision or reviewable…
Section 350 — Review of assessments made under section 93
(1) In reviewing an assessment of the Minister under section 93, the only regulations for the purpose of that section which the ART is to have regard to are whichever of the following are more…
Section 351 — Minister may substitute more favourable decision
(1) If the Minister thinks that it is in the public interest to do so, the Minister may substitute for a decision of the ART referred to in subsection (1A) another decision, being a decision that is…
Section 352 — ART to notify Secretary of application for review
(1) If an application for review of a reviewable migration decision or a reviewable protection decision is made to the ART, the ART must, as soon as practicable, give the Secretary written notice of…
Section 353 — ART may require Secretary to arrange for investigations etc.
(1) For the purpose of the review of a decision, the ART may require the Secretary to arrange for the making of any investigation, or any medical examination, that the ART considers necessary with…
Section 357 — Scope of this Division
(1) This Division applies in relation to an application made to the ART for review of a reviewable migration decision or a reviewable protection decision. (2) However, this Division does not apply in…
Section 357A — Exhaustive statement of natural justice hearing rule
(1) The relevant provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with. (2A) If there is any…
Section 359A — Information and invitation given by ART
(1) Subject to subsection (2), the ART must: (a) give to the applicant, in the way that the ART considers appropriate in the circumstances, clear particulars of any information that the ART considers…
Section 362A — Applicant entitled to have access to written material before Tribunal
(1) An applicant may request that the Department provide access to any written material given or produced to the ART by the Department for the purposes of the review. (1A) If the applicant makes a…
Section 363 — Reviews may be combined
The ART may combine the reviews of 2 or more reviewable migration decisions or reviewable protection decisions made in respect of the same person.
Section 366D — Examination and cross-examination not permitted
A person is not entitled to examine or cross-examine any person appearing before the ART to give evidence.
Section 367 — Certain bridging visa decisions—to be made within prescribed period
(1) Subject to subsection (2), if the application is for review of a decision covered by subsection 338(4) (certain bridging visa decisions), the ART must make its decision on review, and notify the…
Section 367A — How ART is to deal with new claims or evidence in review of reviewable protection decisions
(1) This section applies if, in relation to an application for review of a reviewable protection decision (the primary decision), the applicant: (a) raises a claim that was not raised before the…
Section 367B — Certain ART proceedings must be in private
The hearing of a proceeding (within the meaning of the ART Act) for the review of a reviewable protection decision must be in private. Note: Section 69 of the ART Act, which generally requires…
Section 367C — Scope of this Division
(1) This Division applies in relation to an application to be reviewed on the papers. (2) An application made to the ART for review of a reviewable migration decision is an application to be reviewed…
Section 367D — Interaction with ART Act
The following provisions of the ART Act do not apply in relation to applications to be reviewed on the papers: (a) sections 43 to 46 (reconstitution of Tribunal); Note: See section 367L (ART may be…
Section 367E — Exhaustive statement of natural justice hearing rule
(1) The relevant provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters they deal with. (2) If there is any…
Section 367F — ART must invite submissions and evidence on certain issues
(1) The ART must, in relation to an application to be reviewed on the papers, invite the applicant to give the ART written submissions and evidence relating to the following issues (the relevant…
Section 367G — ART must give adverse information to applicant
(1) The ART must: (a) give to the applicant clear particulars of any information that the ART considers would be the reason, or a part of the reason, for affirming the decision that is under review;…
Section 367H — Content of invitation and adverse information given
(1) Any invitation given under subsection 367F(1), or any information and invitation given under subsection 367G(1), must: (a) be given in writing; and (b) be given: (i) unless subparagraph (ii)…
Section 367J — Applicant to have access to written material before Tribunal
(1) An applicant may request that the Department provide access to any written material given or produced to the ART by the Department for the purposes of the review. (2) If the applicant makes a…
Section 367K — Reviews may be combined
The ART may combine reviews under 2 or more applications to be reviewed on the papers in respect of the same person.
Section 367L — ART may be reconstituted
At any time before the ART makes its decision in a proceeding in relation to an application to be reviewed on the papers, the President of the ART may reconstitute the Tribunal (within the meaning of…
Section 367M — Dismissing applications to be reviewed on the papers
(1) The ART must dismiss an application if the applicant does not respond to an invitation, in relation to the application, given by the ART under subsection 367F(1), within the response period…