Commonwealth: Migration Act 1958 (Cth)

Migration Act 1958 No. 62, 1958 Compilation No. 163 Compilation date: 5 December 2024 Includes amendments: Act No. 105, 2024 and Act No. 107, 2024 This compilation is in 2 volumes Volume 1: sections 1–261K Volume 2: sections 262–507 Schedule Endnotes Each volume has its own contents About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 5 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Repeal and savings 3A Act not to apply so as to exceed Commonwealth power 3B Compensation for acquisition of property 4 Object of Act 4AA Detention of minors a last resort 4A Application of the Criminal Code 5 Interpretation 5AAA Non‑citizen's responsibility in relation to protection claims 5AA Meaning of unauthorised maritime arrival 5AB Sentencing for offences 5A Meaning of personal identifier 5B When personal identifier taken not to have been provided 5C Meaning of character concern 5CA Child of a person 5CB De facto partner 5D Limiting the types of identification tests that authorised officers may carry out 5E Meaning of purported privative clause decision 5F Spouse 5G Relationships and family members 5H Meaning of refugee 5J Meaning of well‑founded fear of persecution 5K Membership of a particular social group consisting of family 5L Membership of a particular social group other than family 5LA Effective protection measures 5M Particularly serious crime 6 Effect of limited meaning of enter Australia etc. 7 Act to extend to certain Territories 7A Effect on executive power to protect Australia's borders 8 Certain resources installations to be part of Australia 9 Certain sea installations to be part of Australia 9A Migration zone etc.—offshore resources activities 10 Certain children taken to enter Australia at birth 11 Visa applicable to 2 or more persons 11A When applications under this Act are finally determined 12 Application of Part VA of the Marriage Act Part 2—Arrival, presence and departure of persons Division 1—Immigration status 13 Lawful non‑citizens 14 Unlawful non‑citizens 15 Effect of cancellation of visa on status 16 Removal of immigration rights of inhabitant of Protected Zone 17 Pre‑cleared flights Division 2—Power to obtain information and documents about unlawful non‑citizens 18 Power to obtain information and documents about unlawful non‑citizens 19 Scales of expenses 20 Reasonable compensation 21 Failure to comply with section 18 notice 24 Information and documents that incriminate a person 25 Copies of documents 26 Minister may retain documents 27 Division binds the Crown Division 3—Visas for non‑citizens Subdivision A—General provisions about visas 28 Interpretation 29 Visas 30 Kinds of visas 31 Classes of visas 32 Special category visas 33 Special purpose visas 34 Absorbed person visas 35 Ex‑citizen visas 35A Protection visas—classes of visas 36 Protection visas—criteria provided for by this Act 36A Consideration of protection obligations 37 Bridging visas 37A Temporary safe haven visas 38 Criminal justice visas 38A Enforcement visas 38B Maritime crew visas 39 Criterion limiting number of visas 39A Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas 40 Circumstances for granting visas 41 Conditions on visas 42 Visa essential for travel 43 Visa holders must usually enter at a port Subdivision AA—Applications for visas 44 Extent of following Subdivisions 45 Application for visa 45AA Application for one visa taken to be an application for a different visa 45A Visa application charge 45B Amount of visa application charge 45C Regulations about visa application charge 46 Valid visa application 46AA Visa applications, and the grant of visas, for some Act‑based visas 46A Visa applications by unauthorised maritime arrivals 46B Visa applications by transitory persons 46C Visa pre‑application process 47 Consideration of valid visa application 48 Non‑citizen refused a visa or whose visa cancelled may only apply for particular visas 48A No further applications for protection visa after refusal or cancellation 48B Minister may determine that section 48A does not apply to non‑citizen 49 Withdrawal of visa application 50 Only new information to be considered in later protection visa applications 51 Order of consideration Subdivision AB—Code of procedure for dealing fairly, efficiently and quickly with visa applications 51A Exhaustive statement of natural justice hearing rule 52 Communication with Minister 54 Minister must have regard to all information in application 55 Further information may be given 56 Further information may be sought 57 Certain information must be given to applicant 58 Invitation to give further information or comments 59 Interviews 60 Medical examination 61 Prescribed periods 62 Failure to receive information does not require action 63 When decision about visa may be made 64 Notice that visa application charge is payable Subdivision AC—Grant of visas 65 Decision to grant or refuse to grant visa 66 Notification of decision 67 Grant and refusal of visa—how and when 68 When visa is in effect 69 Effect of compliance or non‑compliance Subdivision AF—Bridging visas 72 Interpretation 73 Bridging visas 74 Further applications for bridging visa 75 When eligible non‑citizen in immigration detention granted visa 76 Bridging visa not affect visa applications 76AAA Cessation of certain bridging visas—holder has permission to enter and remain in another country 76A Cessation of certain bridging visas, and grant of new visas, for certain non‑citizens 76AA Effect of community safety order on visa held by non‑citizen etc. 76B Offence relating to monitoring conditions of certain bridging visas 76C Offence relating to requirement to remain at notified address 76D Offences relating to monitoring device and related monitoring equipment 76DAA Offence relating to requirement not to perform certain work etc. 76DAB Offence relating to requirement not to go within certain distance of a school etc. 76DAC Offence relating to requirement not to contact victim of offence etc. 76DA Mandatory 1 year imprisonment for offences 76E Rules of natural justice do not apply to decision to grant certain bridging visas 76F Powers of officers etc. Subdivision AG—Other provisions about visas 77 Visas held during visa period 78 Children born in Australia 79 Effect on visa of leaving Australia 80 Certain persons taken not to leave Australia 81 Extent of visa authority 82 When visas cease to be in effect 83 Certain persons taken to be included in spouse, de facto partner or parent's visa 84 Minister may suspend processing of visa applications Subdivision AH—Limit on visas 85 Limit on visas 86 Effect of limit 87 Limit does not prevent visas for certain persons 87A Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control 88 Limit does not affect processing of applications 89 Determination of limit not to mean failure to decide 90 Order of dealing with limited visas 91 Order of dealing with visas Subdivision AI—Safe third countries 91A Reason for Subdivision 91B Interpretation 91C Non‑citizens covered by Subdivision 91D Safe third countries 91E Non‑citizens to which this Subdivision applies unable to make valid applications for certain visas 91F Minister may determine that section 91E does not apply to non‑citizen 91G Applications made before regulations take effect Subdivision AJ—Temporary safe haven visas 91H Reason for this Subdivision 91J Non‑citizens to whom this Subdivision applies 91K Non‑citizens to whom this Subdivision applies are unable to make valid applications for certain visas 91L Minister may determine that section 91K does not apply to a non‑citizen Subdivision AL—Other provisions about protection visas 91V Verification of information 91W Evidence of identity and bogus documents 91WA Providing bogus documents or destroying identity documents 91WB Application for protection visa by member of same family unit 91X Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2) Subdivision B—The "points" system 92 Operation of Subdivision 93 Determination of applicant's score 94 Initial application of "points" system 95 Applications in pool 95A Extension of period in pool 96 Minister may set pool mark and pass mark Subdivision C—Visas based on incorrect information may be cancelled 97 Interpretation 97A Exhaustive statement of natural justice hearing rule 98 Completion of visa application 99 Information is answer 100 Incorrect answers 101 Visa applications to be correct 102 Passenger cards to be correct 103 Bogus documents not to be given etc. 104 Changes in circumstances to be notified 105 Particulars of incorrect answers to be given 106 Obligations to give etc. information is not affected by other sources of information 107 Notice of incorrect applications 107A Possible non‑compliances in connection with a previous visa may be grounds for cancellation of current visa 108 Decision about non‑compliance 109 Cancellation of visa if information incorrect 110 Cancellation provisions apply whatever source of knowledge of non‑compliance 111 Cancellation provisions apply whether or not non‑compliance deliberate 112 Action because of one non‑compliance does not prevent action because of other non‑compliance 113 No cancellation if full disclosure 114 Effect of setting aside decision to cancel visa 115 Application of Subdivision Subdivision D—Visas may be cancelled on certain grounds 116 Power to cancel 117 When visa may be cancelled 118 Cancellation powers do not limit or affect each other Subdivision E—Procedure for cancelling visas under Subdivision D in or outside Australia 118A Exhaustive statement of natural justice hearing rule 119 Notice of proposed cancellation 120 Certain information must be given to visa holder 121 Invitation to give comments etc. 122 Prescribed periods 123 Failure to accept invitation not require action 124 When decision about visa cancellation may be made 125 Application of Subdivision to non‑citizen in immigration clearance 126 Application of Subdivision to non‑citizen in questioning detention 127 Notification of decision Subdivision F—Other procedure for cancelling visas under Subdivision D outside Australia 127A Exhaustive statement of natural justice hearing rule 128 Cancellation of visas of people outside Australia 129 Notice of cancellation 130 Prescribed periods 131 Decision about revocation of cancellation 132 Notification of decision about revocation of cancellation 133 Effect of revocation of cancellation Subdivision FA—Additional personal powers for Minister to cancel visas on section 109 or 116 grounds 133A Minister's personal powers to cancel visas on section 109 grounds 133B Other provisions relating to the exercise of powers in section 133A 133C Minister's personal powers to cancel visas on section 116 grounds 133D Cancellation under subsection 133A(1) or 133C(1)—method of satisfying Minister of matters 133E Cancellation under subsection 133A(1) or 133C(1)—notice of cancellation 133F Cancellation under subsection 133A(3) or 133C(3)—Minister may revoke cancellation in certain circumstances Subdivision FB—Emergency cancellation on security grounds 134A Natural justice 134B Emergency cancellation on security grounds 134C Decision about revocation of emergency cancellation 134D Effect of revocation of cancellation 134E Notice of cancellation 134F Effect of cancellation on other visas Subdivision G—Cancellation of business visas 134 Cancellation of business visas 135 Representations concerning cancellation of business visa 136 Review of decisions 137 Provision of information—holders of business visas Subdivision GB—Automatic cancellation of student visas 137J Non‑complying students may have their visas automatically cancelled 137K Applying for revocation of cancellation 137L Dealing with the application 137M Notification of decision 137N Minister may revoke cancellation on his or her own initiative 137P Effect of revocation Subdivision GC—Cancellation of regional sponsored employment visas 137Q Cancellation of regional sponsored employment visas 137R Representations concerning cancellation etc. 137S Notice of cancellation 137T Cancellation of other visas Subdivision H—General provisions on cancellation 138 Cancellation and revocation of cancellation of visas—how and when 139 Visas held by 2 or more 140 Cancellation of visa results in other cancellation Division 3A—Sponsorship Subdivision A—Preliminary 140A Division applies to prescribed kinds of visa 140AA Purposes of this Division 140AB Ministerial Advisory Council on Skilled Migration Subdivision B—Approval of sponsors 140E Minister to approve work and family sponsors 140F Approval process 140G Terms of approval 140GA Variation of terms of approval Subdivision BA—Approval of nominations made by approved work sponsors 140GB Minister to approve nominations 140GBA Labour market testing—condition 140GBB Labour market testing—major disaster exemption 140GBC Labour market testing—skill and occupational exemptions 140GC Work agreements Subdivision C—Sponsorship obligations 140H Sponsorship obligations—general 140HA Sponsorship obligations—Minister's responsibility 140J Amounts payable in relation to sponsorship obligations Subdivision D—Enforcement 140K Sanctions for failing to satisfy sponsorship obligations 140L Regulations may prescribe circumstances in which sponsor may be barred or sponsor's approval cancelled 140M Cancelling approval as a sponsor or barring a sponsor 140N Process for cancelling approval or barring approved sponsor 140O Waiving a bar 140P Process for waiving a bar 140Q Civil penalty—failing to satisfy sponsorship obligations 140RA Enforceable undertakings 140RB Compliance notices Subdivision E—Liability and recovery of amounts 140S Liability to pay amounts 140SA Interest up to judgment 140SB Interest on judgment 140SC Certain plaintiffs may choose small claims procedure in magistrates courts 140T Notice regarding amount of debt or other amount 140U Liability is in addition to any other liability Subdivision F—Inspector powers 140UA Exercise of inspector powers 140V Inspectors 140W Identity cards 140X Purpose for which powers of inspectors may be exercised 140XA When powers of inspectors may be exercised 140XB Power of inspectors to enter premises or places 140XC Powers of inspectors while on premises or at a place 140XD Persons assisting inspectors 140XE Power to ask for person's name and address 140XF Power to require persons to produce records or documents 140XG Self‑incrimination 140XH Certain records and documents are inadmissible 140XI Power to keep records or documents 140XJ Disclosure of information by the Secretary or Australian Border Force Commissioner Subdivision G—Application of Division to partnerships and unincorporated associations 140ZB Partnerships—sponsorship rights and obligations 140ZC Partnerships—offences and civil penalties 140ZD Partnership ceases to exist 140ZE Unincorporated associations—sponsorship rights and obligations 140ZF Unincorporated associations—offences and civil penalties 140ZG Unincorporated association ceases to exist Subdivision H—Miscellaneous 140ZH Disclosure of personal information by Minister 140ZI Disclosure of personal information to Minister 140ZJ Unclaimed money 140ZK Other regulation making powers not limited 140ZL Division binds the Crown Division 3B—Nominations 140ZM Nomination training contribution charge 140ZN Regulations about nomination training contribution charge 140ZO Recovery of nomination training contribution charge and late payment penalty 140ZP Notional application of nomination training contribution charge in relation to nominations by the Commonwealth 140ZQ Division binds the Crown Division 4—Criminal justice visitors Subdivision A—Preliminary 141 Object of Division 142 Interpretation 143 Delegation by Minister 144 Authorised officials Subdivision B—Criminal justice certificates for entry 145 Commonwealth criminal justice entry certificate 146 State criminal justice entry certificate Subdivision C—Criminal justice certificates etc. staying removal or deportation 147 Commonwealth criminal justice stay certificate 148 State criminal justice stay certificate 149 Application for visa not to prevent certificate 150 Criminal justice stay certificates stay removal or deportation 151 Certain warrants stay removal or deportation 152 Certain subjects of stay certificates and stay warrants may be detained etc. 153 Removal or deportation not contempt etc. if no stay certificate or warrant 154 Officer not liable—criminal justice stay certificates or warrants Subdivision D—Criminal justice visas 155 Criminal justice visas 156 Criterion for criminal justice entry visas 157 Criterion for criminal justice stay visas 158 Criteria for criminal justice visas 159 Procedure for obtaining criminal justice visa 160 Conditions of criminal justice visa 161 Effect of criminal justice visas Subdivision E—Cancellation etc. of criminal justice certificates and criminal justice visas 162 Criminal justice certificates to be cancelled 163 Stay warrant to be cancelled 164 Effect of cancellation etc. on criminal justice visa Division 4A—Enforcement visas 164A Definitions 164B Grant of enforcement visas (fisheries matters) 164BA Grant of enforcement visas (environment matters) 164C When enforcement visa ceases to be in effect 164D Applying for other visas Division 5—Immigration clearance 165 Interpretation 166 Persons entering to present certain evidence of identity etc. 167 When and where evidence to be presented 168 Section 166 not to apply 169 Section 166 not usually to apply 170 Certain persons to present evidence of identity 171 Assistance with evidence 172 Immigration clearance 173 Visa ceases if holder enters in way not permitted 174 Visa ceases if holder remains without immigration clearance 175 Departing person to present certain evidence etc. 175A Determinations relating to kinds of passports 175B Collection, access and disclosure of information Division 6—Certain non‑citizens to be kept in immigration detention 176 Reason for Division 177 Interpretation 178 Designated persons to be in immigration detention 179 Beginning of immigration detention of certain designated persons 180 Detention of designated person 181 Removal from Australia of designated persons 182 No immigration detention or removal after certain period 183 Courts must not release designated persons 185 Effect of Division on status etc. 186 Division applies despite other laws 187 Evidence Division 7—Detention of unlawful non‑citizens Subdivision A—General provisions 188 Lawful non‑citizen to give evidence of being so 189 Detention of unlawful non‑citizens 190 Non‑compliance with immigration clearance or requirement to provide personal identifier 191 End of certain detention 192 Detention of visa holders whose visas liable to cancellation 193 Application of law to certain non‑citizens while they remain in immigration detention 194 Detainee to be told of consequences of detention 195 Detainee may apply for visa 195A Minister may grant detainee visa (whether or not on application) 196 Duration of detention 197 Effect of escape from immigration detention Subdivision B—Residence determinations 197AA Persons to whom Subdivision applies 197AB Minister may determine that person is to reside at a specified place rather than being held in detention centre etc. 197AC Effect of residence determination 197AD Revocation or variation of residence determination 197AE Minister not under duty to consider whether to exercise powers 197AF Minister to exercise powers personally 197AG Tabling of information relating to the making of residence determinations Division 7A—Offences relating to immigration detention 197A Detainees must not escape from detention 197B Manufacture, possession etc. of weapons by detainees Division 8—Removal of unlawful non‑citizens etc. Subdivision A—Removal 197C Relevance of Australia's non‑refoulement obligations to removal of unlawful non‑citizens under section 198 197D Decision that protection finding would no longer be made 197E Relevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198 198 Removal from Australia of unlawful non‑citizens 198AAA Collection, use and disclosure of information to foreign countries Subdivision B—Regional processing 198AA Reason for Subdivision 198AB Regional processing country 198AC Documents to be laid before Parliament 198AD Taking unauthorised maritime arrivals to a regional processing country 198AE Ministerial determination that section 198AD does not apply 198AF No regional processing country 198AG Non‑acceptance by regional processing country 198AH Application of section 198AD to certain transitory persons 198AHA Power to take action etc. in relation to arrangement or regional processing functions of a country 198AHB Power to take action etc. in relation to third country reception arrangement 198AHC Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals 198AI Ministerial report 198AJ Reports about unauthorised maritime arrivals Subdivision C—Transitory persons etc. 198B Power to bring transitory persons to Australia 199 Dependants of removed non‑citizens Subdivision D—Duty to cooperate in relation to removal and removal concern countries 199A Reason for Subdivision 199B Removal pathway non‑citizens—protection findings etc. 199C Minister may give removal pathway directions 199D Circumstances in which Minister must not give a removal pathway direction 199E Offence for non‑compliance with removal pathway direction 199F Designation of removal concern country 199G Visa applications by certain nationals of a removal concern country Division 9—Deportation 200 Deportation of certain non‑citizens 201 Deportation of non‑citizens in Australia for less than 10 years who are convicted of crimes 202 Deportation of non‑citizens upon security grounds 203 Deportation of non‑citizens who are convicted of certain serious offences 204 Determination of time for sections 201 and 202 205 Dependants of deportee 206 Deportation order to be executed 206A Relevance of Ministerial intervention powers to deportation Division 10—Costs etc. of removal and deportation 207 Interpretation 210 Removed or deported non‑citizen liable for costs of removal or deportation 212 Costs of removed or deported spouses, de facto partners and dependants 213 Carriers may be liable for costs of removal and deportation 214 Non‑citizens and carriers jointly liable 215 Costs are debts due to the Commonwealth 216 Use of existing ticket for removal or deportation 217 Vessels required to convey certain removees 218 Vessels required to convey deportees or other removees 219 Exemption from complying 220 Waiver of requirement 221 Cost of removal under notice 222 Orders restraining certain non‑citizens from disposing etc. of property 223 Secretary or Australian Border Force Commissioner may give direction about valuables of detained non‑citizens 224 Dealing with seized valuables Division 11—Duties of masters in relation to crews 225 Production of identity documents and mustering of crew 226 Production of identity documents by persons on board resources installation 227 Production of identity documents by persons on board sea installation 228 Master to report absences Division 12—Offences etc. in relation to entry into, and remaining in, Australia Subdivision A—People smuggling and related offences 228A Application of Subdivision 228B Circumstances in which a non‑citizen has no lawful right to come to Australia 229 Carriage of non‑citizens to Australia without documentation 230 Carriage of concealed persons to Australia 231 Master of vessel to comply with certain requests 232 Penalty on master, owner, agent and charterer of vessel 233A Offence of people smuggling 233B Aggravated offence of people smuggling (danger of death or serious harm etc.) 233C Aggravated offence of people smuggling (at least 5 people) 233D Supporting the offence of people smuggling 233E Concealing and harbouring non‑citizens etc. 234 False documents and false or misleading information etc. relating to non‑citizens 234A Aggravated offence of false documents and false or misleading information etc. relating to non‑citizens (at least 5 people) 236 Offences relating to visas 236A No discharge without conviction for certain offences 236B Mandatory minimum penalties for certain offences 236C Time in immigration detention counts for sentencing etc. 236D Burden and standard of proof in relation to age 236E Evidentiary certificates in proceedings for offences 236F Evidentiary certificates—procedural matters Subdivision B—Offences relating to abuse of laws allowing spouses etc. of Australian citizens or of permanent residents to become permanent residents 237 Reason for Subdivision 238 Interpretation 239 Application of Subdivision 240 Offence to arrange marriage to obtain permanent residence 241 Offence to arrange pretended de facto relationship to obtain permanent residence 243 Offences relating to application for permanent residence because of marriage or de facto relationship 245 Offences of making false or unsupported statements Subdivision C—Offences and civil penalties in relation to work by non‑citizens 245AA Overview 245AAA Coercing etc. a lawful non‑citizen to work in breach of work‑related conditions 245AAB Coercing etc. an unlawful non‑citizen to work—adverse effect on presence in Australia 245AAC Coercing etc. a lawful non‑citizen to work—adverse effect on status etc. 245AB Allowing an unlawful non‑citizen to work 245AC Allowing a lawful non‑citizen to work in breach of a work‑related condition 245AD Aggravated offences if a person allows, or continues to allow, another person to work 245AE Referring an unlawful non‑citizen for work 245AEA Referring a lawful non‑citizen for work in breach of a work‑related condition 245AEB Aggravated offences if a person refers another person to a third person for work 245AF Circumstances in which this Subdivision does not apply 245AG Meaning of work and allows to work 245AGA Meaning of arrangement in relation to work 245AH Meaning of exploited 245AJ Criminal liability of executive officers of bodies corporate 245AK Civil liability of executive officers of bodies corporate 245AL Contravening civil penalty provisions 245ALA Enforceable undertakings 245AM Geographical scope of offence and civil penalty provisions 245AN Charge and trial for an aggravated offence 245AO Treatment of partnerships 245AP Treatment of unincorporated associations 245APA Effect of this Subdivision on the validity of certain contracts is to be disregarded Subdivision D—Offences and civil penalties in relation to sponsored visas 245AQ Definitions 245AR Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship‑related event 245AS Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship‑related event 245AT Criminal liability of executive officers of bodies corporate 245AU Civil liability of executive officers of bodies corporate 245AV Contravening civil penalty provisions 245AW Geographical scope of offence and civil penalty provisions 245AX Treatment of partnerships 245AY Treatment of unincorporated associations Subdivision E—Prohibited employers 245AYAA Objects of this Subdivision 245AYA Overview 245AYB Definitions 245AYC Meaning of allows a non‑citizen to begin work 245AYD Meaning of prohibited employer 245AYE When a person is subject to a migrant worker sanction—bar placed on approved work sponsor etc. 245AYF When a person is subject to a migrant worker sanction—conviction of work‑related offence etc. 245AYG When a person is subject to a migrant worker sanction—contravention of certain civil penalty provisions etc. 245AYH When a person is subject to a migrant worker sanction—contravention of certain civil remedy provisions of the Fair Work Act 2009 245AYI When a person is subject to a migrant worker sanction—contravention of term of enforceable undertaking etc. 245AYJ When a person is subject to a migrant worker sanction—failure to comply with certain compliance notices 245AYK Declaration of person as prohibited employer 245AYL Prohibition on allowing additional non‑citizens to begin work 245AYM Publishing information about prohibited employers 245AYN Former prohibited employers to give certain information 245AYO Contravening civil penalty provisions Subdivision F—Compliance notices for work‑related breaches 245AYP Compliance notices Division 12A—Chasing, boarding etc. aircraft 245A Definitions 245E Identifying an aircraft and requesting it to land for boarding 245F Power to board and search etc. aircraft 245FA Searches of people on certain ships or aircraft Division 12B—Reporting on passengers and crew of aircraft and ships 245I Definitions 245J Approval of primary reporting systems 245K Approval of fall‑back reporting systems 245L Obligation to report on persons arriving in Australia 245LA Obligation to report on persons departing from Australia 245LB Dealing with information collected under this Division etc. 245M Approved fall‑back reporting systems may be used in certain circumstances 245N Offence for failure to comply with reporting obligations Division 13—Examination, search, detention and identification 246 Appointment of boarding stations 247 Vessels to enter ports and be brought to boarding stations 248 Exemption 249 Certain persons may be prevented from entering or landing 250 Detention of suspected offenders 251 Powers of entry and search 252 Searches of persons 252AA Power to conduct a screening procedure 252A Power to conduct a strip search 252B Rules for conducting a strip search 252C Possession and retention of certain things obtained during a screening procedure or strip search 252D Authorised officer may apply for a thing to be retained for a further period 252E Magistrate may order that thing be retained 252F Detainees held in State or Territory prisons or remand centres 252G Powers concerning entry to a detention centre 253 Detention of deportee 254 Removees and deportees held in other custody 255 Prescribed authorities 256 Person in immigration detention may have access to certain advice, facilities etc. 257 Persons may be required to answer questions 257A Person may be required to provide personal identifiers 258 Minister may determine that specified persons are not to be required to provide personal identifiers etc. 258A When detainees must not be required to provide personal identifiers under section 257A 258B Information to be provided—authorised officers carrying out identification tests 258D Regulations may prescribe manner for carrying out identification tests 258E General rules for carrying out identification tests 258F Person must not be required to provide personal identifiers in a cruel, inhuman or degrading way etc. 258G Authorised officer may get help to carry out identification tests 259 Detention of vessel for purpose of search 260 Detention of vessel pending recovery of penalty 261 Disposal of dilapidated vessels etc. Division 13AA—Identification of immigration detainees Subdivision A—Provision of personal identifiers 261AA Immigration detainees must provide personal identifiers 261AB Authorised officers must require and carry out identification tests 261AC Information to be provided before carrying out identification tests Subdivision B—How identification tests are carried out 261AD General rules for carrying out identification tests 261AE Use of force in carrying out identification tests 261AF Identification tests not to be carried out in cruel, inhuman or degrading manner etc. 261AG Authorised officer may get help to carry out identification tests 261AH Identification tests to be carried out by authorised officer of same sex as non‑citizen 261AI Independent person to be present 261AJ Recording of identification tests 261AK Retesting Subdivision C—Obligations relating to video recordings of identification tests 261AKA Definitions 261AKB Accessing video recordings 261AKC Authorising access to video recordings 261AKD Providing video recordings 261AKE Unauthorised modification of video recordings 261AKF Unauthorised impairment of video recordings 261AKG Meanings of unauthorised modification and unauthorised impairment etc. 261AKH Destroying video recordings Division 13AB—Identification of minors and incapable persons 261AL Minors 261AM Incapable persons Division 13A—Automatic forfeiture of things used in certain offences Subdivision A—Automatic forfeiture 261A Forfeiture of things used in certain offences Subdivision B—Seizure 261B Seizure of things used in certain offences Subdivision C—Dealing with things seized as automatically forfeited 261C Application of this Subdivision 261D Notice of seizure 261E Dealing with thing before it is condemned 261F Thing condemned if not claimed in time 261G Dealing with claim for thing 261H What happens if thing is claimed 261I Dealing with thing after it is condemned Subdivision D—Operation of Division 261J Operation of Division Subdivision E—Minister's order that a thing not be condemned as forfeited 261K Minister's order that a thing not be condemned An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons Part 1—Preliminary 1 Short title This Act may be cited as the Migration Act 1958. 2 Commencement The several Parts of this Act shall come into operation on such dates as are respectively fixed by Proclamation. 3 Repeal and savings (1) The Acts specified in the Schedule to this Act are repealed. (2) Section 9 of the War Precautions Act Repeal Act 1920‑1955 and the heading to that section, and the Schedule to that Act, are repealed. (3) The War Precautions Act Repeal Act 1920‑1955, as amended by this section, may be cited as the War Precautions Act Repeal Act 1920‑1958. (4) Notwithstanding the repeals effected by this section: (a) a certificate of exemption in force under the Immigration Act 1901‑1949 immediately before the date of commencement of this Part shall, for all purposes of this Act, be deemed to be a temporary visa granted under this Act to the person specified in the certificate and authorizing that person to remain in Australia for a period ending on the date on which the certificate would have expired if this Act had not been passed. (5) For the purposes of paragraph (4)(a), where, before the commencement of this Part, a person who had previously entered Australia re‑entered Australia and, upon or after the re‑entry, a certificate of exemption purported to be issued to the person, the certificate shall be deemed to have been as validly issued as if the person had not previously entered Australia. 3A Act not to apply so as to exceed Commonwealth power (1) Unless the contrary intention appears, if a provision of this Act: (a) would, apart from this section, have an invalid application; but (b) also has at least one valid application; it is the Parliament's intention that the provision is not to have the invalid application, but is to have every valid application. (2) Despite subsection (1), the provision is not to have a particular valid application if: (a) apart from this section, it is clear, taking into account the provision's context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth's legislative power; or (b) the provision's operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth's legislative power. (3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1). (4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section. (5) In this section: application means an application in relation to: (a) one or more particular persons, things, matters, places, circumstances or cases; or (b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases. invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth's legislative power. valid application, in relation to a provision, means an application that, if it were the provision's only application, would be within the Commonwealth's legislative power. 3B Compensation for acquisition of property (1) If: (a) this Act would result in an acquisition of property; and (b) any provision of this Act would not be valid, apart from this section, because a particular person has not been compensated; the Commonwealth must pay that person: (c) a reasonable amount of compensation agreed on between the person and the Commonwealth; or (d) failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction. (2) Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this section must be taken into account in assessing compensation payable in a proceeding begun under this section and arising out of the same event or transaction. (3) In this section: acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution. 4 Object of Act (1) The object of this Act is to regulate, in the national interest, the coming into, and presence in, Australia of non‑citizens. (2) To advance its object, this Act provides for visas permitting non‑citizens to enter or remain in Australia and the Parliament intends that this Act be the only source of the right of non‑citizens to so enter or remain. (3) To advance its object, this Act provides for non‑citizens and citizens to be required to provide personal identifiers for the purposes of this Act or the regulations. (4) To advance its object, this Act provides for the removal or deportation from Australia of non‑citizens whose presence in Australia is not permitted by this Act. (5) To advance its object, this Act provides for the taking of unauthorised maritime arrivals from Australia to a regional processing country. 4AA Detention of minors a last resort (1) The Parliament affirms as a principle that a minor shall only be detained as a measure of last resort. (2) For the purposes of subsection (1), the reference to a minor being detained does not include a reference to a minor residing at a place in accordance with a residence determination. 4A Application of the Criminal Code Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 5 Interpretation (1) In this Act, unless the contrary intention appears: absorbed person visa has the meaning given by section 34. adjacent area means an adjacent area in respect of a State, of the Northern Territory, of Norfolk Island, of the Territory of Ashmore and Cartier Islands, of the Territory of Cocos (Keeling) Islands or of the Territory of Christmas Island, as determined in accordance with section 5 of the Sea Installations Act. adoption has the same meaning as in the regulations. allowed inhabitant of the Protected Zone means an inhabitant of the Protected Zone, other than an inhabitant to whom a declaration under section 16 (presence declared undesirable) applies. applicable pass mark, in relation to a visa of a particular class, means the number of points specified as the pass mark for that class in a notice, under section 96, in force at the time concerned. applicable pool mark, in relation to a visa of a particular class, means the number of points specified as the pool mark for that class in a notice under section 96 in force at the time concerned. appointed inspector has the meaning given by section 140V. approved family sponsor means a person: (a) who has been approved under section 140E as a family sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and (b) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class. approved form, when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision. approved sponsor means: (a) an approved family sponsor; or (b) an approved work sponsor. approved work sponsor means: (a) a person: (i) who has been approved under section 140E as a work sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and (ii) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class; or (b) a person (other than a Minister) who is a party to a work agreement. Note: A partnership or an unincorporated association may be an approved work sponsor: see subsections 140ZB(1) and 140ZE(1) respectively. area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (8). ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. ART Act migration decision: see section 474A. ART member means a member of the ART. ART practice directions means practice directions made under section 36 of the ART Act. ART Principal Registrar means the Principal Registrar within the meaning of the ART Act. ASIO means the Australian Security Intelligence Organisation. ASIO Act means the Australian Security Intelligence Organisation Act 1979. assessed score, in relation to an applicant for a visa, means the total number of points given to the applicant in an assessment under section 93. assessment, in relation to ASIO, has the same meaning as in subsection 35(1) of the ASIO Act. Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015. Australian passport means a passport issued under the Australian Passports Act 2005. Australian resources installation means a resources installation that is deemed to be part of Australia because of the operation of section 8. Australian seabed means so much of the seabed adjacent to Australia as is: (a) within the area comprising: (i) the areas described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (ii) the Coral Sea area; and (b) part of: (i) the continental shelf of Australia; (ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or (iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory. Australian sea installation means a sea installation that is deemed to be part of Australia because of the operation of section 9. Australian waters means: (a) in relation to a resources installation—waters above the Australian seabed; and (b) in relation to a sea installation—waters comprising all of the adjacent areas and the coastal area. authorised officer, when used in a provision of this Act, means an officer authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision. Note: Section 5D can affect the meaning of this term for the purposes of carrying out identification tests. authorised system, when used in a provision of this Act, means an automated system authorised in writing by the Minister or the Secretary for the purposes of that provision. behaviour concern non‑citizen means a non‑citizen who: (a) has been convicted of a crime and sentenced to death or to imprisonment, for at least one year; or (b) has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least one year if: (i) any period concurrent with part of a longer period is disregarded; and (ii) any periods not disregarded that are concurrent with each other are treated as one period; whether or not: (iii) the crimes were of the same kind; or (iv) the crimes were committed at the same time; or (v) the convictions were at the same time; or (vi) the sentencings were at the same time; or (vii) the periods were consecutive; or (c) has been charged with a crime and either: (i) found guilty of having committed the crime while of unsound mind; or (ii) acquitted on the ground that the crime was committed while the person was of unsound mind; (d) has been removed or deported from Australia or removed or deported from another country; or (e) has been excluded from another country in prescribed circumstances; where sentenced to imprisonment includes ordered to be confined in a corrective institution. bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. bridging visa has the meaning given by section 37. brought into physical contact has the same meaning as in the Sea Installations Act. bypass immigration clearance has the meaning given by subsection 172(4). certified printout means a printout certified by an authorised officer to be a printout of information kept in the movement records. character concern has the meaning given by section 5C. child of a person has a meaning affected by section 5CA. civil penalty order has the meaning given by subsection 486R(4). civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units. clearance authority has the meaning given by section 165. clearance officer has the meaning given by section 165. coastal area has the same meaning as in the Customs Act 1901. committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association. Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984. Note: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series 1989 No. 21 ([1989] ATS 21) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Coral Sea area has the same meaning as in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Covenant means the International Covenant on Civil and Political Rights, a copy of the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986. crime includes any offence. criminal history information means information about an individual's criminal history, and includes information about: (a) any charge against the individual for an offence against a law of the Commonwealth, a State or a Territory, whether or not the individual has been found to have committed the offence; and (b) any finding that the individual committed such an offence, whether or not the individual has been convicted of the offence; and (c) any conviction of the individual of such an offence, whether or not the conviction is spent (however described) under: (i) Part VIIC of the Crimes Act 1914; or (ii) a law of a State or Territory; and (d) any other result of a proceeding for the prosecution of the individual for such an offence. criminal justice visa has the meaning given by section 38. cruel or inhuman treatment or punishment means an act or omission by which: (a) severe pain or suffering, whether physical or mental, is intentionally inflicted on a person; or (b) pain or suffering, whether physical or mental, is intentionally inflicted on a person so long as, in all the circumstances, the act or omission could reasonably be regarded as cruel or inhuman in nature; but does not include an act or omission: (c) that is not inconsistent with Article 7 of the Covenant; or (d) arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant. data base (except in Part 4A) means a discrete body of information stored by means of a computer. Note: Section 336A defines this term differently for the purposes of Part 4A. de facto partner has the meaning given by section 5CB. degrading treatment or punishment means an act or omission that causes, and is intended to cause, extreme humiliation which is unreasonable, but does not include an act or omission: (a) that is not inconsistent with Article 7 of the Covenant; or (b) that causes, and is intended to cause, extreme humiliation arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant. departure prohibition order means an order under subsection 14S(1) of the Taxation Administration Act 1953. deportation means deportation from Australia. deportation order means an order for the deportation of a person made under, or continued in force by, this Act. deportee means a person in respect of whom a deportation order is in force. detain means: (a) take into immigration detention; or (b) keep, or cause to be kept, in immigration detention; and includes taking such action and using such force as are reasonably necessary to do so. Note: This definition extends to persons covered by residence determinations (see section 197AC). detainee means a person detained. Note: This definition extends to persons covered by residence determinations (see section 197AC). diplomatic or consular representative, in relation to a country other than Australia, means a person who has been appointed to, or is the holder of, a post or position in a diplomatic or consular mission of that country in Australia, not being a person who was ordinarily resident in Australia when he or she was appointed to be a member of the mission. eligible court means: (a) the Federal Court; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) a District, County or Local Court; or (d) a magistrates court; or (e) any other State or Territory court that is prescribed by the regulations. enforcement visa has the meaning given by section 38A. enter includes re‑enter. enter Australia, in relation to a person, means enter the migration zone. Note: See also section 9A, which concerns offshore resources activities. entered includes re‑entered. entry includes re‑entry. environment detention offence means: (a) an offence against the Environment Protection and Biodiversity Conservation Act 1999, or against regulations made for the purposes of that Act; or (b) an offence against section 6 of the Crimes Act 1914 relating to an offence described in paragraph (a). environment officer means an authorised officer, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999, but does not include a person who is an authorised officer because of subsection 397(3) of that Act. environment related activity has the same meaning as in the Sea Installations Act. evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. excised offshore place means any of the following: (a) the Territory of Christmas Island; (b) the Territory of Ashmore and Cartier Islands; (c) the Territory of Cocos (Keeling) Islands; (d) any other external Territory that is prescribed by the regulations for the purposes of this paragraph; (e) any island that forms part of a State or Territory and is prescribed for the purposes of this paragraph; (f) an Australian sea installation; (g) an Australian resources installation. excision time, for an excised offshore place, means: (a) for the Territory of Christmas Island—2 pm on 8 September 2001 by legal time in the Australian Capital Territory; or (b) for the Territory of Ashmore and Cartier Islands—2 pm on 8 September 2001 by legal time in the Australian Capital Territory; or (c) for the Territory of Cocos (Keeling) Islands—12 noon on 17 September 2001 by legal time in the Australian Capital Territory; or (d) for any other external Territory that is prescribed by the regulations for the purposes of the definition of excised offshore place—the time when the regulations commence; or (e) for any island that forms part of a State or Territory and is prescribed by the regulations for the purposes of the definition of excised offshore place—the time when the regulations commence; or (f) for an Australian sea installation—the commencement of the Migration Amendment (Excision from Migration Zone) Act 2001; or (g) for an Australian resources installation—the commencement of the Migration Amendment (Excision from Migration Zone) Act 2001. ex‑citizen visa has the meaning given by section 35. Fair Work Inspector has the same meaning as in the Fair Work Act 2009. Federal Court means the Federal Court of Australia. finally determined: for when an application under this Act is finally determined, see section 11A. Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013. fisheries detention offence means: (a) an offence against section 99, 100, 100A, 100B, 101, 101A, 101AA, 101B, 105E, 105EA, 105H or 105I of the Fisheries Management Act 1991; or (b) an offence against section 45, 46A, 46B, 46C, 46D, 48, 49, 49A, 51 or 51A of the Torres Strait Fisheries Act 1984; or (c) an offence against section 6 of the Crimes Act 1914 relating to an offence described in paragraph (a) or (b). fisheries officer means an officer as defined in the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984. foreign aircraft (environment matters) means an aircraft, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999, that is not an Australian aircraft (within the meaning of that Act). foreign vessel has the same meaning as in the Maritime Powers Act 2013. health concern non‑citizen means a non‑citizen who is suffering from a prescribed disease or a prescribed physical or mental condition. health criterion, in relation to a visa, means a prescribed criterion for the visa that: (a) relates to the applicant for the visa, or the members of the family unit of that applicant; and (b) deals with: (i) a prescribed disease; or (ii) a prescribed kind of disease; or (iii) a prescribed physical or mental condition; or (iv) a prescribed kind of physical or mental condition; or (v) a prescribed kind of examination; or (vi) a prescribed kind of treatment. holder, in relation to a visa, means, subject to section 77 (visas held during visa period) the person to whom it was granted or a person included in it. identification test means a test carried out in order to obtain a personal identifier. identity document, in relation to a member of the crew of a vessel, means: (a) an identification card, in accordance with a form approved by the Minister, in respect of the member signed by the master of the vessel; or (b) a document, of a kind approved by the Minister as an identity document for the purposes of this Act, in respect of the member. immigration cleared has the meaning given by subsection 172(1). immigration detention means: (a) being in the company of, and restrained by: (i) an officer; or (ii) in relation to a particular detainee—another person directed by the Secretary or Australian Border Force Commissioner to accompany and restrain the detainee; or (b) being held by, or on behalf of, an officer: (i) in a detention centre established under this Act; or (ii) in a prison or remand centre of the Commonwealth, a State or a Territory; or (iii) in a police station or watch house; or (iv) in relation to a non‑citizen who is prevented, under section 249, from leaving a vessel—on that vessel; or (v) in another place approved by the Minister in writing; but does not include being restrained as described in subsection 245F(8A), or being dealt with under paragraph 245F(9)(b). Note 1: Subsection 198AD(11) provides that being dealt with under subsection 198AD(3) does not amount to immigration detention. Note 2: This definition extends to persons covered by residence determinations (see section 197AC). incapable person means a person who is incapable of understanding the general nature and effect of, and purposes of, a requirement to provide a personal identifier. independent person means a person (other than an officer or an authorised officer) who: (a) is capable of representing the interests of a non‑citizen who is providing, or is to provide, a personal identifier; and (b) as far as practicable, is acceptable to the non‑citizen who is providing, or is to provide, the personal identifier; and (c) if the non‑citizen is a minor—is capable of representing the minor's best interests. inhabitant of the Protected Zone means a person who is a citizen of Papua New Guinea and who is a traditional inhabitant. in immigration clearance has the meaning given by subsection 172(2). inspector has the meaning given by section 140V. installation means: (a) a resources installation; or (b) a sea installation. lawful non‑citizen has the meaning given by section 13. lawyer means: (a) a barrister; or (b) a solicitor; or (c) a barrister and solicitor; or (d) a legal practitioner; of the High Court or of the Supreme Court of a State or Territory. leave Australia, in relation to a person, means, subject to section 80 (leaving without going to other country), leave the migration zone. Note: See also section 9A, which concerns offshore resources activities. maritime crew visa has the meaning given by section 38B. maritime officer has the same meaning as in the Maritime Powers Act 2013. master, in relation to a vessel, means the person in charge or command of the vessel. member of the crew means: (a) in relation to a vessel other than an aircraft—the master of the vessel, or a person whose name is on the articles of the vessel as a member of the crew; or (b) in relation to an aircraft—the master of the aircraft, or a person employed by the operator of the aircraft and whose name is included in a list of members of the crew of the aircraft furnished by the master as prescribed. member of the family unit of a person has the meaning given by the regulations made for the purposes of this definition. member of the same family unit: one person is a member of the same family unit as another if either is a member of the family unit of the other or each is a member of the family unit of a third person. migration decision means: (a) a privative clause decision; or (b) a purported privative clause decision; or (c) a non‑privative clause decision; or (d) an ART Act migration decision. migration zone means the area consisting of the States, the Territories, Australian resource installations and Australian sea installations and, to avoid doubt, includes: (a) land that is part of a State or Territory at mean low water; and (b) sea within the limits of both a State or a Territory and a port; and (c) piers, or similar structures, any part of which is connected to such land or to ground under such sea; but does not include sea within the limits of a State or Territory but not in a port. Note: See also section 9A, which concerns offshore resources activities. Ministerial intervention power means a power exercisable personally by the Minister under any one or more of the following provisions: (a) subsection 46A(2) (about visa applications by unauthorised maritime arrivals); (b) subsection 46B(2) (about visa applications by transitory persons); (c) subsection 48B(1) (about further applications for a protection visa after refusal or cancellation); (d) paragraph 72(1)(c) (about bridging visas for eligible non‑citizens); (e) subsection 91F(1) (about non‑citizens for whom there is a safe third country); (f) subsection 91L(1) (about holders of temporary safe haven visas); (g) subsection 137N(1) (about revocation of visa cancellation on the Minister's initiative); (h) subsection 195A(2) (about grant of visas to detainees); (i) subsection 198AE(1) (about Minister's power to determine that section 198AD does not apply); (j) subsection 351(1) (about Minister's power to substitute certain ART decisions); (k) subsection 501J(1) (about Minister's power to substitute ART protection visa decision). minor means a person who is less than 18 years old. movement records means information stored in a notified data base. natural resources means the mineral and other non‑living resources of the seabed and its subsoil. nomination training contribution charge means nomination training contribution charge imposed by section 7 of the Migration (Skilling Australians Fund) Charges Act 2018. non‑citizen means a person who is not an Australian citizen. non‑disclosable information means information or matter: (a) whose disclosure would, in the Minister's opinion, be contrary to the national interest because it would: (i) prejudice the security, defence or international relations of Australia; or (ii) involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet; or (b) whose disclosure would, in the Minister's opinion, be contrary to the public interest for a reason which could form the basis of a claim by the Crown in right of the Commonwealth in judicial proceedings; or (c) whose disclosure would found an action by a person, other than the Commonwealth, for breach of confidence; and includes any document containing, or any record of, such information or matter. non‑political crime: (a) subject to paragraph (b), means a crime where a person's motives for committing the crime were wholly or mainly non‑political in nature; and (b) includes an offence that, under paragraph (a), (b) or (c) of the definition of political offence in section 5 of the Extradition Act 1988, is not a political offence in relation to a country for the purposes of that Act. non‑privative clause decision has the meaning given by subsection 474(6). non‑refoulement obligations includes, but is not limited to: (a) non‑refoulement obligations that may arise because Australia is a party to: (i) the Refugees Convention; or (ii) the Covenant; or (iii) the Convention Against Torture; and (b) any ob