Migration Act 1958

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

Section 199E — Offence for non-compliance with removal pathway direction

(1) A person commits an offence if: (a) the person is a removal pathway non-citizen; and (b) the person is given a removal pathway direction; and (c) the direction has not been revoked; and (d) the…

Section 199F — Designation of removal concern country

(1) The Minister may, by legislative instrument, designate a country as a removal concern country if the Minister thinks it is in the national interest to designate the country to be a removal…

Section 199G — Visa applications by certain nationals of a removal concern country

(1) An application for a visa by a non-citizen is not a valid application if, at the time the application is made: (a) the non-citizen is a national of one or more removal concern countries; and (b)…

Section 200 — Deportation of certain non-citizens

The Minister may order the deportation of a non-citizen to whom this Division applies.

Section 201 — Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes

Where: (a) a person who is a non-citizen has, either before or after the commencement of this section, been convicted in Australia of an offence; (b) when the offence was committed the person was a…

Section 202 — Deportation of non-citizens upon security grounds

(1) Where: (a) it appears to the Minister that the conduct (whether in Australia or elsewhere and either before or after the commencement of this subsection) of a non-citizen referred to in paragraph…

Section 203 — Deportation of non-citizens who are convicted of certain serious offences

(1) Where: (a) a person who is a non-citizen has, either before or after the commencement of this subsection, been convicted in Australia of an offence; (b) at the time of the commission of the…

Section 204 — Determination of time for sections 201 and 202

(1) Where a person has been convicted of any offence (other than an offence the conviction in respect of which was subsequently quashed) the period (if any) for which the person was confined in a…

Section 205 — Dependants of deportee

(1) Where the Minister makes or has made an order for the deportation of a person who has a spouse or de facto partner, the Minister may, at the request of the spouse or de facto partner of that…

Section 206 — Deportation order to be executed

(1) Where the Minister has made an order for the deportation of a person, that person shall, unless the Minister revokes the order, be deported accordingly. (2) The validity of an order for the…

Section 206A — Relevance of Ministerial intervention powers to deportation

(1) For the purposes of: (a) determining whether section 200 applies to a non-citizen; or (b) executing a deportation order in relation to a non-citizen under subsection 206(1); it is irrelevant…

Section 207 — Interpretation

In this Division: carrier, in relation to an unlawful non-citizen, means a controller of the vessel on which the non-citizen was last brought to Australia. controller, in relation to a vessel, means…

Section 210 — Removed or deported non-citizen liable for costs of removal or deportation

Subject to section 212, a non-citizen who is removed or deported, other than an unlawful non-citizen who came to Australia on a criminal justice visa, is liable to pay the Commonwealth the costs of…

Section 212 — Costs of removed or deported spouses, de facto partners and dependants

(1) If: (a) 2 persons are spouses or de facto partners of each other; and (b) either: (i) they are both removed or deported; or (ii) one of them is deported and the other is removed; each of them is…

Section 213 — Carriers may be liable for costs of removal and deportation

(1) If a non-citizen who enters Australia: (a) is required to comply with section 166 (immigration clearance); and (b) either: (i) does not comply; or (ii) on complying, is detained under section 189…

Section 214 — Non-citizens and carriers jointly liable

If, under this Division, 2 or more persons are liable to pay the Commonwealth the costs of a non-citizen’s removal or deportation they are jointly and severally liable to pay those costs.

Section 215 — Costs are debts due to the Commonwealth

Without limiting any other provision of this Act, costs payable by a person to the Commonwealth under this Division may be recovered by the Commonwealth as a debt due to the Commonwealth in a court…

Section 216 — Use of existing ticket for removal or deportation

If: (a) a non-citizen is to be removed or deported; and (b) the non-citizen or another person holds a ticket for the conveyance of the non-citizen from a place within Australia to a place outside…

Section 217 — Vessels required to convey certain removees

(1) If a person covered by subsection 193(1) is to be removed, the Secretary or Australian Border Force Commissioner may give the controller of the vessel on which the person travelled to and entered…

Section 218 — Vessels required to convey deportees or other removees

(1) Subject to section 217, if a person is to be removed or deported, the Secretary or Australian Border Force Commissioner may give the controller of a vessel or vessels a written notice requiring…

Section 219 — Exemption from complying

It is a defence to a prosecution for an offence against section 217 or 218 of failing to comply with a notice to transport a non-citizen if the defendant proves: (a) that the defendant was prevented…

Section 220 — Waiver of requirement

(1) If: (a) a notice has been given under section 218 requiring the transport of an unlawful non-citizen to a country; and (b) the government of that country notifies the Minister that the…

Section 221 — Cost of removal under notice

(1) If: (a) the controller of a vessel is given a notice under section 218 to transport a non-citizen; and (b) the controller was a carrier of the non-citizen; and (c) paragraphs 213(1)(a) and (b)…

Section 222 — Orders restraining certain non-citizens from disposing etc. of property

(1) Where, on an application by the Secretary or Australian Border Force Commissioner relating to property of a non-citizen, a court is satisfied that: (a) the non-citizen is liable, or may, on…

Section 223 — Secretary or Australian Border Force Commissioner may give direction about valuables of detained non-citizens

(1) This section applies in relation to a person who has been detained. (2) Where the Secretary or Australian Border Force Commissioner is satisfied that: (a) the detainee is an unlawful non-citizen…

Section 224 — Dealing with seized valuables

(1) Where the Secretary or Australian Border Force Commissioner takes possession of valuables pursuant to subsection 223(5), the provisions of this section have effect. (2) The Secretary or…

Section 225 — Production of identity documents and mustering of crew

(1) This section applies to a vessel, other than a vessel of the regular armed forces of a government recognised by the Commonwealth, which has entered Australia from overseas. (2) On the arrival of…

Section 226 — Production of identity documents by persons on board resources installation

(1) This section applies to a resources installation that has been brought into Australian waters from a place outside the outer limits of Australian waters for the purpose of being attached to the…

Section 227 — Production of identity documents by persons on board sea installation

(1) This section applies to a sea installation that has been brought into Australian waters from a place outside the outer limits of Australian waters for the purpose of being installed in an…

Section 228 — Master to report absences

(1) Where a member of the crew of a vessel, other than a vessel of the regular armed forces of a government recognized by the Commonwealth, that has entered Australia from overseas was on board the…

Section 228A — Application of Subdivision

This Subdivision applies in and outside Australia.

Section 228B — Circumstances in which a non-citizen has no lawful right to come to Australia

(1) For the purposes of this Subdivision, a non-citizen has, at a particular time, no lawful right to come to Australia if, at that time: (a) the non-citizen does not hold a visa that is in effect;…

Section 229 — Carriage of non-citizens to Australia without documentation

(1) The master, owner, agent, charterer and operator of a vessel on which a non-citizen is brought into Australia on or after 1 November 1979 each commit an offence against this section if the…

Section 230 — Carriage of concealed persons to Australia

(1) The master, owner, agent and charterer of a vessel each commit an offence against this section if an unlawful non-citizen is concealed on the vessel when it arrives in the migration zone.…

Section 231 — Master of vessel to comply with certain requests

(1) The master of a vessel arriving in Australia must comply with any request by an authorised officer to: (a) give the authorised officer a list of all persons on the vessel and prescribed…

Section 232 — Penalty on master, owner, agent and charterer of vessel

(1) Where: (a) a non-citizen: (i) enters Australia on a vessel; and (ii) because he or she is not the holder of a visa that is in effect, or because of section 173, becomes upon entry an unlawful…

Section 233A — Offence of people smuggling

(1) A person (the first person) commits an offence if: (a) the first person organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of another…

Section 233B — Aggravated offence of people smuggling (danger of death or serious harm etc.)

(1) A person (the first person) commits an offence against this section if the first person commits the offence of people smuggling (the underlying offence) in relation to another person (the victim)…

Section 233C — Aggravated offence of people smuggling (at least 5 people)

(1) A person (the first person) commits an offence if: (a) the first person organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of a group of…

Section 233D — Supporting the offence of people smuggling

(1) A person (the first person) commits an offence if: (a) the first person provides material support or resources to another person or an organisation (the receiver); and (b) the support or…

Section 233E — Concealing and harbouring non-citizens etc.

(1) A person (the first person) commits an offence if: (a) the first person conceals another person (the second person); and (b) the second person is a non-citizen; and (c) the first person engages…

Section 234 — False documents and false or misleading information etc. relating to non-citizens

(1) A person shall not, in connexion with the entry, proposed entry or immigration clearance, of a non-citizen (including that person himself or herself) into Australia or with an application for a…

Section 234A — Aggravated offence of false documents and false or misleading information etc. relating to non-citizens (at least 5 people)

(1) A person must not, in connection with: (a) the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non-citizens (which may include that person), or of…