Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 140W — Identity cards
General (1A) An inspector’s identity card is: (a) for an appointed inspector—the identity card issued to the inspector under subsection (1); or (b) for an inspector who is a Fair Work Inspector—the…
Section 140X — Purpose for which powers of inspectors may be exercised
The powers of an inspector under this Subdivision may be exercised: (a) for the purpose of investigating whether a sponsorship obligation is being, or has been, complied with by a person who is or…
Section 141 — Object of Division
This Division is enacted so that, if the administration of criminal justice requires the presence in Australia of a non-citizen, that non-citizen may be brought to, or allowed to stay in, Australia…
Section 142 — Interpretation
In this Division: administration of criminal justice means: (a) an investigation to find out whether an offence has been committed; or (b) the prosecution of a person for an offence; or (c) the…
Section 143 — Delegation by Minister
(1) The Minister may, in writing, delegate any of his or her powers under this Division to: (a) the Secretary of the Department; or (b) an SES employee, or acting SES employee, in the Department. (2)…
Section 144 — Authorised officials
The Minister may, in writing, appoint as an authorised official for a State for the purposes of this Division: (a) the Attorney-General of the State; or (b) a person holding an office under a law of…
Section 145 — Commonwealth criminal justice entry certificate
(1) If the Minister considers that: (a) the temporary presence in Australia of a non-citizen who is outside Australia is required for the purposes of: (i) the Extradition Act 1988; or (ia) the…
Section 146 — State criminal justice entry certificate
(1) If an authorised official for a State considers that: (a) the temporary presence in Australia of a non-citizen who is outside Australia is required for the purposes of the administration of…
Section 147 — Commonwealth criminal justice stay certificate
(1) If: (a) an unlawful non-citizen is to be, or is likely to be, removed or deported; and (b) the Minister considers that the non-citizen should remain in Australia temporarily for the purposes of:…
Section 148 — State criminal justice stay certificate
(1) If: (a) an unlawful non-citizen is to be, or is likely to be, removed or deported; and (b) an authorised official for a State considers that the non-citizen should remain in Australia temporarily…
Section 149 — Application for visa not to prevent certificate
A criminal justice stay certificate for a non-citizen may be given even though an application for a visa for the non-citizen has been made but not finalised.
Section 150 — Criminal justice stay certificates stay removal or deportation
If a criminal justice stay certificate about a non-citizen is in force, the non-citizen is not to be removed or deported.
Section 151 — Certain warrants stay removal or deportation
(1) If an unlawful non-citizen is to be, or is likely to be, removed or deported, this Act does not prevent a court issuing for the purposes of the administration of criminal justice in relation to…
Section 152 — Certain subjects of stay certificates and stay warrants may be detained etc.
If: (a) a criminal justice stay certificate or a criminal justice stay warrant about a non-citizen is in force; and (b) the non-citizen does not have a visa to remain in Australia; the certificate or…
Section 153 — Removal or deportation not contempt etc. if no stay certificate or warrant
(1) Subject to subsection (2), if: (a) this Act requires the removal or deportation of a non-citizen; and (b) there is no criminal justice stay certificate or criminal justice stay warrant about the…
Section 154 — Officer not liable—criminal justice stay certificates or warrants
An officer is not liable to any civil or criminal action for doing in good faith, or failing in good faith to do, any act or thing for the purpose of exercising a power under this Act to keep a…
Section 155 — Criminal justice visas
(1) A criminal justice visa may be a visa permitting a non-citizen to travel to and enter, and remain temporarily in, Australia, to be known as a criminal justice entry visa. (2) A criminal justice…
Section 156 — Criterion for criminal justice entry visas
A criterion for a criminal justice entry visa for a non-citizen is that a criminal justice entry certificate about the non-citizen is in force.
Section 157 — Criterion for criminal justice stay visas
A criterion for a criminal justice stay visa for a non-citizen is that either: (a) a criminal justice stay certificate about the non-citizen is in force; or (b) a criminal justice stay warrant about…
Section 158 — Criteria for criminal justice visas
The criteria for a criminal justice visa for a non-citizen are, and only are: (a) the criterion required by section 156 or 157; and (b) the criterion that the Minister, having had regard to: (i) the…
Section 159 — Procedure for obtaining criminal justice visa
(1) If a criminal justice certificate, or a criminal justice stay warrant, in relation to a non-citizen is in force, the Minister may consider the grant of a criminal justice visa for the…
Section 160 — Conditions of criminal justice visa
(1) The regulations may provide that criminal justice visas are subject to specified conditions. (2) It is a condition of a criminal justice entry visa for a non-citizen that the non-citizen must not…
Section 161 — Effect of criminal justice visas
(1) A criminal justice entry visa for a non-citizen is permission for the non-citizen to travel to and enter and remain in Australia while it is in effect. (2) A criminal justice stay visa for a…
Section 162 — Criminal justice certificates to be cancelled
(1) If the presence in Australia of a non-citizen in respect of whom a criminal justice certificate has been given is no longer required for the purposes for which it was given, then: (a) if it was…
Section 163 — Stay warrant to be cancelled
(1) If: (a) the presence in Australia of a non-citizen in respect of whom a criminal justice stay warrant has been given is no longer required for the purposes for which it was given; and (b) if the…
Section 164 — Effect of cancellation etc. on criminal justice visa
If: (a) a criminal justice certificate is cancelled; or (b) a criminal justice stay warrant is cancelled or expires; any criminal justice visa granted because of the certificate or warrant is…
Section 164A — Definitions
In this Division: Commonwealth aircraft has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999. Commonwealth ship has the same meaning as in the Environment…
Section 164BA — Grant of enforcement visas (environment matters)
Non-citizen on vessel (environment matters) outside migration zone (1) A non-citizen on a vessel (environment matters) outside the migration zone is granted an enforcement visa when, because an…
Section 164B — Grant of enforcement visas (fisheries matters)
Non-citizen on foreign vessel outside migration zone (1) A non-citizen on a foreign vessel outside the migration zone is granted an enforcement visa when the vessel is detained under section 69 of…
Section 164C — When enforcement visa ceases to be in effect
Enforcement visa (fisheries matters)—non-citizen in fisheries detention (1) The enforcement visa (fisheries matters) of a non-citizen who is in fisheries detention ceases to be in effect: (a) at the…
Section 164D — Applying for other visas
(1) The holder of an enforcement visa may not apply for a visa other than a protection visa while he or she is in Australia. (2) While a non-citizen who has held an enforcement visa remains in…
Section 165 — Interpretation
In this Division: clearance authority means: (a) a clearance officer; or (b) an authorised system. clearance officer means an officer, or other person, authorised by the Minister to perform duties…
Section 166 — Persons entering to present certain evidence of identity etc.
Requirement to be immigration cleared (1) A person, whether a citizen or a non-citizen, who enters Australia must, without unreasonable delay: (a) present the following evidence (which might include…
Section 167 — When and where evidence to be presented
(1) Subject to this section, a person required to comply with section 166 who enters Australia at a port must comply: (a) if paragraph (b) or (c) does not apply—at that port; or (b) if the person is…
Section 168 — Section 166 not to apply
(1) An allowed inhabitant of the Protected Zone who enters a protected area in connection with the performance of traditional activities is not required to comply with section 166. (2) If an allowed…
Section 169 — Section 166 not usually to apply
(1) If: (a) a person goes outside the migration zone; and (b) under section 80 is not taken to leave Australia; the person is not, on re-entering the migration zone, taken to enter Australia for the…
Section 170 — Certain persons to present evidence of identity
Persons on overseas vessels may be required to present evidence of identity (1) A person, whether a citizen or a non-citizen, who travels, or appears to intend to travel, on an overseas vessel from a…
Section 171 — Assistance with evidence
If a person: (a) cannot comply with section 166 by presenting evidence; and (b) requests the Department to assist him or her to obtain that evidence; that assistance may be given but only on payment…
Section 172 — Immigration clearance
When a person is immigration cleared (1) A person is immigration cleared if, and only if: (a) the person: (i) enters Australia at a port; and (ii) complies with section 166; and (iii) leaves the port…
Section 173 — Visa ceases if holder enters in way not permitted
(1) If the holder of a visa enters Australia in a way that contravenes section 43, or regulations to which that section is subject, the visa ceases to be in effect. (1A) A maritime crew visa held by…
Section 174 — Visa ceases if holder remains without immigration clearance
If the holder of a visa: (a) is required to comply with section 166; and (b) does not comply; the visa ceases to be in effect.
Section 175 — Departing person to present certain evidence etc.
Departing persons may be required to present evidence etc. (1) A clearance officer may require a person who is on board, or about to board, a vessel that is due to depart from a place in Australia to…
Section 175A — Determinations relating to kinds of passports
For the purposes of this Division, the Minister or the Secretary may, by legislative instrument, determine that a specified kind of passport is an eligible passport.
Section 175B — Collection, access and disclosure of information
Collection of information (1) If a person presents or provides a document to a clearance authority under this Division, the clearance authority may collect information (including personal…
Section 176 — Reason for Division
This Division is enacted because the Parliament considers that it is in the national interest that each non-citizen who is a designated person should be kept in immigration detention until he or she:…
Section 177 — Interpretation
In this Division: boat means a vessel of any description, but does not include an aircraft. commencement means the commencement of this Division. designated person means a non-citizen who: (a) has…
Section 178 — Designated persons to be in immigration detention
(1) Subject to subsection (2), after commencement, a designated person must be kept in immigration detention. (2) A designated person is to be released from immigration detention if, and only if, he…
Section 179 — Beginning of immigration detention of certain designated persons
(1) If, immediately after commencement, a designated person is in a place described in paragraph 11(a) (as in force at that time) or a processing area, he or she then begins to be in immigration…
Section 180 — Detention of designated person
(1) If a designated person is not in immigration detention immediately after commencement, an officer may, without warrant: (a) detain the person; and (b) take reasonable action to ensure that the…
Section 181 — Removal from Australia of designated persons
(1) An officer must remove a designated person from Australia as soon as practicable if the designated person asks the Minister, in writing, to be removed. (2) An officer must remove a designated…