Migration Act 1958

Sections and provisions with full text and the judgments that cite each one.

Section 140XA — When powers of inspectors may be exercised

An inspector may exercise powers under this Subdivision: (a) at any time during working hours; or (b) at any other time, if the inspector reasonably believes that it is necessary to do so for the…

Section 140AB — Ministerial Advisory Council on Skilled Migration

(1) The Minister must take all reasonable steps to ensure that, at all times, there is in existence a council that: (a) is known as the Ministerial Advisory Council on Skilled Migration; and (b) is…

Section 140GB — Minister to approve nominations

(1) A person who is, or who has applied to be, an approved work sponsor, or a person who is a party to negotiations for a work agreement, may nominate: (a) an applicant, or proposed applicant, for a…

Section 140GBB — Labour market testing—major disaster exemption

(1) A person is exempt from the requirement to satisfy the labour market testing condition in section 140GBA if an exemption under subsection (2) of this section is in force in relation to the…

Section 140RB — Compliance notices

Scope (1) This section applies if an authorised officer reasonably believes that a person who is or was an approved work sponsor has contravened subsection 140Q(1) or (2) (failing to satisfy…

Section 140SB — Interest on judgment

A judgment debt under a judgment of an eligible court under section 140S carries interest: (a) from the date as of which the judgment is entered; and (b) at the rate that would apply under section 52…

Section 140XB — Power of inspectors to enter premises or places

(1) An inspector may, without force, enter business premises or another place, if the inspector reasonably believes that there are records or documents relevant to the purposes referred to in section…

Section 140ZB — Partnerships—sponsorship rights and obligations

(1) This Division, the regulations made under it and any other provision of this Act as far as it relates to this Division or the regulations, apply to a partnership as if it were a person, but with…

Section 140GBC — Labour market testing—skill and occupational exemptions

Scope (1) This section applies to a nomination by a person, under section 140GB, if the person nominates: (a) a proposed occupation for the purposes of paragraph 140GB(1)(b); and (b) a particular…

Section 140GC — Work agreements

For the purposes of the definition of work agreement, the regulations may prescribe requirements that an agreement must satisfy. Note: A person (other than a Minister) who is a party to a work…

Section 140SC — Certain plaintiffs may choose small claims procedure in magistrates courts

(1) This section applies if: (a) a person brings proceedings under section 140S in a magistrates court; and (b) the person indicates, in a manner prescribed by the regulations or by rules of court…

Section 140XC — Powers of inspectors while on premises or at a place

(1) An inspector who enters premises or a place under section 140XB may exercise one or more of the following powers while on the premises or at the place: (a) inspect any work, process or object;…

Section 140ZC — Partnerships—offences and civil penalties

(1) An offence against this Division that would otherwise be committed by a partnership is taken to have been committed by each partner in the partnership, at the time the offence is committed, who:…

Section 140XD — Persons assisting inspectors

(1) A person (the assistant) may accompany an inspector onto premises or to a place mentioned in subsection 140XC(1) to assist the inspector if: (a) for any inspector—the Secretary or Australian…

Section 140ZD — Partnership ceases to exist

(1) If a partnership ceases to exist, the persons who were partners immediately before the cessation must continue to satisfy any applicable sponsorship obligation. (2) Section 140ZB applies as if:…

Section 140E — Minister to approve work and family sponsors

(1) The Minister must approve a person as a work sponsor in relation to one or more classes prescribed for the purpose of subsection (2) if prescribed criteria are satisfied. Note: A person (other…

Section 140XE — Power to ask for person’s name and address

(1) An inspector may require a person to tell the inspector the person’s name and address if the inspector reasonably believes that the person has contravened a civil penalty provision. (2) If the…

Section 140ZE — Unincorporated associations—sponsorship rights and obligations

(1) This Division, the regulations made under it and any other provision of this Act as far as it relates to this Division or the regulations, apply to an unincorporated association as if it were a…

Section 140F — Approval process

(1) The regulations may establish a process for the Minister to approve a person as a work sponsor or family sponsor. (2) Different processes may be prescribed for: (a) different kinds of visa…

Section 140XF — Power to require persons to produce records or documents

(1) An inspector may require a person, by notice, to produce a record or document to the inspector. (2) The notice must: (a) be in writing; and (b) be served on the person; and (c) require the person…

Section 140ZF — Unincorporated associations—offences and civil penalties

(1) An offence against this Division that would otherwise be committed by an unincorporated association is taken to have been committed by each member of the association’s committee of management, at…

Section 140G — Terms of approval

(1) An approval as a work sponsor or family sponsor may be on terms specified in the approval. (2) The terms must be of a kind prescribed by the regulations. Note: The following are examples of the…

Section 140XG — Self-incrimination

(1) A person is not excused from producing a record or document under paragraph 140XC(1)(d), or subsection 140XF(1), on the ground that the production of the record or document might tend to…

Section 140ZG — Unincorporated association ceases to exist

(1) If an unincorporated association ceases to exist, the persons who were members of the association’s committee of management immediately before the cessation must continue to satisfy any…

Section 140H — Sponsorship obligations—general

Requirement to satisfy sponsorship obligations (1) A person who is or was an approved sponsor must satisfy the sponsorship obligations prescribed by the regulations. Work agreements and sponsorship…

Section 140XH — Certain records and documents are inadmissible

The following are not admissible in evidence in criminal proceedings against an individual: (a) any record or document inspected or copied under paragraph 140XC(1)(e) of which the individual had…

Section 140ZH — Disclosure of personal information by Minister

Personal information about approved work sponsors etc. (1) The Minister may disclose personal information of a prescribed kind about a person mentioned in column 2 of an item of the following table…

Section 140XI — Power to keep records or documents

(1) If a record or document is produced to an inspector in accordance with this Subdivision, the inspector may: (a) inspect, and make copies of, the record or document; and (b) keep the record or…

Section 140ZI — Disclosure of personal information to Minister

(1) For the purposes of this Division, the Minister may request a person mentioned in column 2 of the following table in relation to an item to disclose to the Minister personal information of a…

Section 140J — Amounts payable in relation to sponsorship obligations

(1) If an amount is payable under the regulations by a person who is or was an approved sponsor in relation to a sponsorship obligation, the person is not liable to pay to the Commonwealth more than…

Section 140XJ — Disclosure of information by the Secretary or Australian Border Force Commissioner

Information to which this section applies (1) This section applies to the following information: (a) information acquired by an inspector in the course of performing functions, or exercising powers,…

Section 140ZJ — Unclaimed money

(1) If a person who is or was an approved work sponsor has not paid an amount in relation to a sponsorship obligation because the person does not know the location of the intended recipient, the…

Section 140K — Sanctions for failing to satisfy sponsorship obligations

Actions that may be taken in relation to approved sponsors (1) If a person is an approved sponsor and fails to satisfy an applicable sponsorship obligation, one or more of the following actions may…

Section 140ZK — Other regulation making powers not limited

Regulations made for the purposes of this Division do not limit the power to make regulations under any other provision of this or any other Act.

Section 140L — Regulations may prescribe circumstances in which sponsor may be barred or sponsor’s approval cancelled

Circumstances in which the Minister may take action (1) The regulations may prescribe: (a) either or both of the following: (i) circumstances in which the Minister may take one or more of the actions…

Section 140ZL — Division binds 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) However, this Division does not make the…

Section 140M — Cancelling approval as a sponsor or barring a sponsor

Actions that may be taken in relation to approved sponsors (1) If regulations are prescribed under section 140L, the Minister may (or must) take one or more of the following actions in relation to an…

Section 140ZM — Nomination training contribution charge

(1) A person is liable to pay nomination training contribution charge to the Commonwealth in relation to a nomination by the person under section 140GB if the nomination is a nomination of a kind…

Section 140N — Process for cancelling approval or barring approved sponsor

(1) The regulations may establish a process for the Minister to cancel the approval of a person as a work sponsor or family sponsor under section 140M. (2) The regulations may establish a process for…

Section 140ZN — Regulations about nomination training contribution charge

(1) The regulations may make provision for, or in relation to, all or any of the following matters: (a) when nomination training contribution charge is due and payable; (b) the method of paying…

Section 140O — Waiving a bar

(2) The Minister may, in prescribed circumstances, waive a bar placed on a person under section 140M. (3) The regulations may prescribe the criteria to be taken into account by the Minister in…

Section 140ZO — Recovery of nomination training contribution charge and late payment penalty

If an amount of: (a) nomination training contribution charge; or (b) a penalty in relation to the underpayment of such a charge; is due and payable to the Commonwealth, the amount is a debt due to…

Section 140P — Process for waiving a bar

(1) The regulations may establish a process for the Minister to waive a bar placed on a person under section 140M. (2) Different processes may be prescribed for: (a) different kinds of visa (however…

Section 140ZP — Notional application of nomination training contribution charge in relation to nominations by the Commonwealth

(1) The Commonwealth is not liable to pay nomination training contribution charge that is payable under section 140ZM. However, it is the Parliament’s intention that the Commonwealth should be…