Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 266 — Appointment of special advocate for purposes of Part 9 proceedings
266 Appointment of special advocate for purposes of Part 9 proceedings (1) This section applies to a person if the person— (a) has not appointed a special advocate to represent him or her in any…
Section 267 — Communication between special advocate and person to whom classified information relates
267 Communication between special advocate and person to whom classified information relates (1) In this section (other than subsection (4)), person A means— (a) a person who has appointed a special…
Section 268 — Protection of special advocates from liability
268 Protection of special advocates from liability (1) To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of— (a) misconduct…
Section 269 — Tribunal or court may appoint counsel assisting the court
269 Tribunal or court may appoint counsel assisting the court (1) The Tribunal or a court may appoint counsel assisting the court for the purposes of any proceedings before it involving classified…
Section 270 — Tribunal or court may appoint special adviser
270 Tribunal or court may appoint special adviser (1) The Tribunal or a court may appoint a cultural, medical, intelligence, military, or other special adviser for the purposes of giving advice in…
Section 271 — Payment to counsel assisting the court or special adviser
271 Payment to counsel assisting the court or special adviser (1) The Tribunal or the court concerned may make the order it thinks just for payment to— (a) counsel assisting the court appointed for…
Section 272 — Purpose of Part
272 Purpose of Part The purpose of this Part is— (a) to confer on immigration officers the power to obtain information in order to allow the Department to— (i) detect immigration fraud or…
Section 273 — Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278
273 Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278 In sections 274 , 276 , 277 , and 278 , any reference to information or a document, register, list, wages…
Section 274 — Certificate requiring production of address information
274 Certificate requiring production of address information (1) An immigration officer may prepare a certificate in the prescribed form if the officer has good cause to suspect that— (a) a particular…
Section 275 — Persons required to provide access to address information
275 Persons required to provide access to address information The persons and bodies who may be required by certificate under section 274 to provide access to address or identity information are as…
Section 276 — Powers of entry and inspection relating to records of accommodation providers
276 Powers of entry and inspection relating to records of accommodation providers (1) An immigration officer may exercise the powers in subsection (2) for the purposes of locating any person who is…
Section 277 — Powers of entry and inspection relating to records of employers
277 Powers of entry and inspection relating to records of employers (1) An immigration officer may exercise the powers in subsection (3) in the circumstances described in subsection (2) for the…
Section 278 — Powers of entry and inspection relating to records of education providers
278 Powers of entry and inspection relating to records of education providers (1) An immigration officer may exercise the powers in subsection (4) in the circumstances described in subsection (2) for…
Section 279 — Powers of immigration officer to require information and documents where offence suspected
279 Powers of immigration officer to require information and documents where offence suspected (1) Where an immigration officer has good cause to suspect that a person has committed an offence…
Section 280 — Power of immigration officer to request information and documents where liability for deportation or turnaround suspected
280 Power of immigration officer to request information and documents where liability for deportation or turnaround suspected (1) If an immigration officer has good cause to suspect that a person is…
Section 281 — Powers on deportation or turnaround
281 Powers on deportation or turnaround (1) Where a person is liable for deportation or turnaround,— (a) in addition to the powers referred to in section 280 , an immigration officer may— (i) require…
Section 282 — Immigration officer’s powers to enter immigration control area
282 Immigration officer’s powers to enter immigration control area An immigration officer may, at any time of day or night, without a warrant or any authority other than this section, enter any…
Section 283 — Powers at border
283 Powers at border (1) An immigration officer may exercise the powers in subsections (2), (3), and (4) if the officer believes on reasonable grounds that it is necessary for the purpose of— (a)…
Section 284 — Power of entry and search of craft
284 Power of entry and search of craft (1) An immigration officer may exercise the powers in subsection (2) where the officer believes on reasonable grounds that there is on board any craft that is…
Section 285 — Power of entry and search at border place
285 Power of entry and search at border place (1) An immigration officer may exercise the powers in subsection (2) for the purpose of— (a) detecting an offence against this Act; or (b) apprehending a…
Section 286 — Powers of entry and search relating to deportation
286 Powers of entry and search relating to deportation For the purpose of serving any deportation liability notice or executing a deportation order, an immigration officer may, without further…
Section 287 — Special powers pending deportation or turnaround
287 Special powers pending deportation or turnaround Where any person is liable for deportation or turnaround, an immigration officer has such of the following powers as are necessary to meet the…
Section 288 — Immigration officer may require biometric information to determine compliance with Act
288 Immigration officer may require biometric information to determine compliance with Act (1) Subsection (2) applies where an immigration officer has good cause to suspect that a person— (a) is…
Section 289 — Application for order authorising collection of biometric information
289 Application for order authorising collection of biometric information (1) An application may be made in accordance with this section to a District Court Judge for a compulsion order in any case…
Section 290 — Judge may authorise biometric information to be collected
290 Judge may authorise biometric information to be collected (1) On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent…
Section 291 — Further applications for compulsion order
291 Further applications for compulsion order (1) The fact that a compulsion order has previously been sought or made in respect of a matter, whether or not the previous application or order related…
Section 292 — Immigration officer may have assistance
292 Immigration officer may have assistance For the purpose of performing his or her functions under this Part, an immigration officer may be accompanied, if he or she thinks fit, by any other…
Section 293 — Police to have powers of immigration officers
293 Police to have powers of immigration officers For the purposes of this Act, a constable has all the powers of an immigration officer under sections 276 to 292 .
Section 294 — Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence
294 Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence (1) The purpose of this section is to facilitate the disclosure of information…
Section 295 — Information matching to locate person in serious default of payment of fine
295 Information matching to locate person in serious default of payment of fine (1) The purpose of this section is to facilitate the exchange of information between the Department and the department…
Section 296 — No Crown liability to third parties for fines enforcement action
296 No Crown liability to third parties for fines enforcement action (1) This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default…
Section 297 — Chief executive may supply information concerning specified fines defaulters to commercial carriers
297 Chief executive may supply information concerning specified fines defaulters to commercial carriers (1) This section applies to the chief executive of the Department if he or she is supplied with…
Section 298 — Information matching to verify social security benefit matters
298 Information matching to verify social security benefit matters (1) The purpose of this section is to facilitate the disclosure of information between the Department and the department of State…
Section 299 — Information matching to recover costs of visa holder's social security benefit from sponsor
299 Information matching to recover costs of visa holder's social security benefit from sponsor (1) The purpose of this section is to facilitate the disclosure of information between the department…
Section 300 — Information matching to determine eligibility or liability to pay for publicly funded health and disability support services
300 Information matching to determine eligibility or liability to pay for publicly funded health and disability support services (1) The purpose of this section is to facilitate the disclosure of…
Section 301 — Disclosure of immigration information to verify eligibility for publicly funded services
301 Disclosure of immigration information to verify eligibility for publicly funded services (1) The purpose of this section is to facilitate the disclosure of information by the Department to a…
Section 302 — Disclosure of information to enable Department to check identity, character, and status
302 Disclosure of information to enable Department to check identity, character, and status (1) The purpose of this section is to facilitate the disclosure of information by a specified agency to the…
Section 303 — Disclosure of information to enable specified agencies to check identity and character
303 Disclosure of information to enable specified agencies to check identity and character (1) The purpose of this section is to facilitate the disclosure of information by the Department to a…
Section 304 — Disclosure of information to employers
304 Disclosure of information to employers (1) The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a…
Section 305 — Disclosure of information overseas
305 Disclosure of information overseas (1) The chief executive may disclose any information specified in section 306 to an overseas agency, body, or person whose functions include— (a) the…
Section 306 — Information that may be disclosed under section 305
306 Information that may be disclosed under section 305 (1) The information that may be disclosed under section 305 is— (a) airline passenger and crew lists: (b) craft movements (which may include…
Section 307 — Purpose of Part
307 Purpose of Part The purpose of this Part is to establish a tiered detention and monitoring regime in order to ensure— (a) the integrity of the immigration system through providing for the…
Section 308 — This Part code for detention and monitoring of person if detention and monitoring under this Act
308 This Part code for detention and monitoring of person if detention and monitoring under this Act This Part must be treated as a code for the purposes of the detention and monitoring of any person…
Section 309 — Persons liable to arrest and detention
309 Persons liable to arrest and detention (1) The following persons are liable to arrest and detention under this Part: (a) persons who are liable for turnaround: (b) persons who are liable for…
Section 310 — Purpose for which arrest and detention powers may be exercised
310 Purpose for which arrest and detention powers may be exercised The powers of arrest and detention under this Part may be exercised for the following purposes: (a) in the case of a person liable…
Section 311 — Implications of liability to arrest and detention
311 Implications of liability to arrest and detention Where a person is liable to arrest and detention under this Part,— (a) the person may be subject to the 4-hour limited detention by an…
Section 312 — Limited power of detention for up to 4 hours
312 Limited power of detention for up to 4 hours A person liable to arrest and detention under this Part may be detained by an immigration officer for a purpose set out in section 310 until the…
Section 313 — Initial period of detention for up to 96 hours without warrant
313 Initial period of detention for up to 96 hours without warrant (1) Where a person is liable to arrest and detention under this Part, a constable may, and if requested by an immigration officer…
Section 314 — Persons arrested and detained pending making of deportation order
314 Persons arrested and detained pending making of deportation order (1) This section applies in the case of a person arrested and detained under section 313 on the suspicion of an immigration…
Section 315 — Person may instead agree to residence and reporting requirements
315 Person may instead agree to residence and reporting requirements (1) Rather than causing a person who is liable for arrest and detention to be arrested under section 313 , or making an…