Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 486K — Definitions
In this Part: migration litigation means a court proceeding in relation to a migration decision.
Section 486L — What is the detention reporting start time for a person?
For the purposes of this Part, the detention reporting start time for a person is whichever of the following times (if any) applies to the person: (a) if the person is in immigration detention on the…
Section 486M — What is a detention reporting time for a person?
For the purposes of this Part, a detention reporting time for a person is: (a) the detention reporting start time for the person; or (b) the end of each successive period of 6 months after that time…
Section 486N — Secretary’s obligation to report to Commonwealth Ombudsman
(1) The Secretary must give the Commonwealth Ombudsman a report relating to the circumstances of the person’s detention. The report must be given: (a) if the detention reporting time is the time when…
Section 486O — Commonwealth Ombudsman to give Minister assessment of detention arrangements
Commonwealth Ombudsman to give Minister assessment of appropriateness of detention arrangements (1) As soon as practicable after the Commonwealth Ombudsman receives a report under section 486N, he or…
Section 486P — Minister to table statement from Commonwealth Ombudsman
The Minister must cause the statement included in an assessment as mentioned in subsection 486O(5) to be laid before each House of the Parliament within 15 sitting days of that House after the…
Section 486Q — Application of Ombudsman Act 1976
(1) Subject to this Part, the Ombudsman Act 1976 applies in relation to the Commonwealth Ombudsman’s preparation of an assessment under section 486O (including his or her consideration of the report…
Section 486R — Civil penalty orders
Application for order (1) The Minister may apply to an eligible court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary…
Section 486S — Additional rules relating to the sponsorship civil penalty provisions
(1) This section applies if an application for a civil penalty order against a person is made to an eligible court in relation to an alleged contravention of a civil penalty provision in Division 3A…
Section 486T — Civil enforcement of penalty
(1) A pecuniary penalty is a debt payable to the Commonwealth. (2) The Commonwealth may enforce a civil penalty order as if it were an order made in civil proceedings against the person to recover a…
Section 486U — Conduct contravening more than one civil penalty provision
(1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of…
Section 486V — Multiple contraventions
(1) An eligible court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same…
Section 486W — Proceedings may be heard together
An eligible court may direct that 2 or more proceedings for civil penalty orders are to be heard together.
Section 486X — Civil evidence and procedure rules for civil penalty orders
An eligible court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.
Section 486Y — Requirement for persons to assist in applications for civil penalty orders
(1) A person commits an offence if: (a) the Secretary requests, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order; and (b) the…
Section 486Z — Civil proceedings after criminal proceedings
An eligible court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is…
Section 487 — Liability for identification tests
No civil or criminal liability is incurred, by a person who carries out or helps to carry out an identification test under this Act, in respect of a thing done by the person if: (a) it was properly…
Section 487A — Definitions
In this Part: evidential material means: (a) in relation to a sponsorship-related offence or a work-related offence: (i) a thing with respect to which the offence has been committed or is reasonably…
Section 487ZA — Disposal of seized things
(1) The Secretary or Australian Border Force Commissioner may dispose of a thing seized under this Division if: (a) the Secretary or Australian Border Force Commissioner has taken reasonable steps to…
Section 487B — Secretary or Australian Border Force Commissioner may require a person to give information or produce a document
(1) If the Secretary or Australian Border Force Commissioner has reason to believe that a person has information or a document that is relevant to: (a) a possible sponsorship-related offence; or (b)…
Section 487ZB — Compensation for acquisition of property
(1) If the operation of section 487ZA would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to…
Section 487C — Self-incrimination
(1) A person is not excused from giving information or producing a document under section 487B on the ground that the information or the production of the document might tend to incriminate the…
Section 487ZC — Issue of search warrants
Application for search warrant (1) An authorised officer may apply to an issuing officer for a search warrant under this section in relation to premises. Issue of search warrant (2) The issuing…
Section 487D — Authorised officer may enter premises by consent or under a search warrant
(1) If an authorised officer reasonably suspects that there may be evidential material on any premises, the authorised officer may: (a) enter the premises; and (b) exercise the search powers. (2)…
Section 487ZD — Search warrants by telephone, fax etc.
Application for search warrant (1) An authorised officer may apply to an issuing officer by telephone, fax or other electronic means for a search warrant under section 487ZC in relation to premises:…
Section 487E — Search powers of authorised officers
The following are the search powers that an authorised officer may exercise in relation to premises under section 487D: (a) if entry to the premises is with the occupier’s consent—the power to search…
Section 487ZE — Authority of search warrant
(1) A form of search warrant duly completed under subsection 487ZD(6) is authority for the same powers as are authorised by the search warrant signed by the issuing officer under subsection 487ZD(4).…
Section 487F — Powers relating to electronic equipment
(1) The search powers include the power to operate electronic equipment on the premises if the authorised officer reasonably suspects that: (a) the equipment; or (b) a disk, tape or other storage…
Section 487ZF — Offence relating to search warrants by telephone, fax etc.
An authorised officer must not: (a) state in a document that purports to be a form of search warrant under section 487ZD the name of an issuing officer unless that issuing officer signed the warrant;…
Section 487G — Seizing evidence of the contravention of related provisions etc.
(1) This section applies if an authorised officer enters premises under a search warrant to search for evidential material. (2) The search powers include seizing a thing that is not evidential…
Section 487ZG — Identity cards
(1) The Secretary or Australian Border Force Commissioner must issue an identity card to an authorised officer for the purposes of this Division. Identity card must be carried by authorised officer…
Section 487H — Persons assisting authorised officers
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 under this Division, if that…
Section 487ZH — Powers of issuing officers
Powers conferred personally (1) A power conferred on an issuing officer by this Division is conferred on the issuing officer: (a) in a personal capacity; and (b) not as a court or a member of a…
Section 487ZI — Prohibition on, and forfeiture of, bogus documents
(1) A person (whether a citizen or non-citizen) must not give, present, produce or provide a bogus document to an officer, an authorised system, the Minister, a tribunal or any other person or body…
Section 487J — Use of force in executing a search warrant
In executing a search warrant, an authorised officer, or a person assisting an authorised officer, may use such force against things as is necessary and reasonable in the circumstances.
Section 487ZJ — Seizure of bogus documents
(1) If an officer reasonably suspects that a document is forfeited under subsection 487ZI(2), then the officer may seize the document. (2) As soon as practicable after seizing the document, the…
Section 487K — Authorised officer may ask questions and seek production of documents
Entry with consent (1) If an authorised officer is authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to: (a) answer…
Section 487ZK — Document condemned as forfeited
(1) If a document is seized under subsection 487ZJ(1), then: (a) the person who gave, presented, produced or provided the document to the official under subsection 487ZI(1); and (b) if that person is…
Section 487L — Consent
(1) Before obtaining the consent of an occupier of premises for the purposes of paragraph 487D(2)(a), an authorised officer must inform the occupier that the occupier may refuse consent. (2) A…
Section 487ZL — Dealing with a document after it is condemned as forfeited
(1) If, under section 487ZK, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any…
Section 487M — Announcement before entry under search warrant
(1) Before entering premises under a search warrant, an authorised officer must: (a) announce that he or she is authorised to enter the premises; and (b) show his or her identity card to the occupier…
Section 487N — Authorised officer to be in possession of search warrant
An authorised officer who is executing a search warrant must be in possession of: (a) the search warrant issued by the issuing officer under section 487ZC, or a copy of the warrant as so issued; or…
Section 487P — Details of search warrant etc. to be given to occupier
(1) An authorised officer must comply with subsection (2) if: (a) a search warrant is being executed in relation to premises; and (b) the occupier of the premises, or another person who apparently…
Section 487Q — Completing execution of search warrant after temporary cessation
(1) This section applies if an authorised officer, and all persons assisting, who are executing a search warrant in relation to premises temporarily cease its execution and leave the premises. (2)…
Section 487R — Completing execution of search warrant stopped by court order
An authorised officer, and any persons assisting, may complete the execution of a search warrant that has been stopped by an order of a court if: (a) the order is later revoked or reversed on appeal;…
Section 487S — Expert assistance to operate electronic equipment
(1) This section applies if an authorised officer enters premises under a search warrant. Securing equipment (2) The authorised officer may do whatever is necessary to secure any electronic equipment…
Section 487T — Compensation for damage to electronic equipment
(1) This section applies if: (a) as a result of electronic equipment being operated as mentioned in this Division: (i) damage is caused to the equipment; or (ii) the data recorded on the equipment is…
Section 487U — Occupier entitled to observe execution of search warrant
(1) The occupier, or another person who apparently represents the occupier, is entitled to observe the execution of a search warrant if the occupier or other person is present at the premises while…
Section 487V — Occupier to provide authorised officer with facilities and assistance
(1) The occupier of premises to which a search warrant relates, or another person who apparently represents the occupier, must provide: (a) an authorised officer executing the warrant; and (b) any…
Section 487W — Copies of seized things to be provided
(1) This section applies if: (a) a search warrant is being executed in relation to premises; and (b) an authorised officer seizes one or more of the following from the premises under this Division:…