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Migration Act 1958

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Migration Act 1958 Migration Act 1958 Act No. 62 of 1958 as amended This compilation was prepared on 9 May 2011 taking into account amendments up to Act No. 5 of 2011 Volume 2 includes: Table of Contents Sections 262–507 Schedule Note 1 Table of Acts Act Notes Table of Amendments Repeal Table 1 Repeal Table 2 Table A Renumbering Table 1 Renumbering Table 2 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Contents Part 2—Control of arrival and presence of non-citizens 1 Division 14—Recovery of costs from certain persons 1 262 Liability to the Commonwealth for the cost of keeping, maintaining and removing certain persons because of section 250 ......................................................................................... 1 263 Secretary able to issue notice of debt ................................................. 2 264 Garnishee notice ................................................................................ 2 265 Debt from failure to comply with garnishee notice ........................... 3 266 Future debts ....................................................................................... 4 267 Secretary may freeze amounts to secure future debts ........................ 4 268 Application of Division to the Crown ................................................ 5 Division 14A—Monitoring compliance with student visa conditions 6 Subdivision A—Preliminary 6 268AA Definitions ......................................................................................... 6 268AB Division binds the Crown .................................................................. 7 268AD Powers conferred on magistrates in their personal capacity .............. 7 Subdivision B—Notices requiring information and documents 7 268BA Production notices ............................................................................. 7 268BB Contents of the production notice ...................................................... 8 268BC Serving production notices ................................................................ 8 268BD Attendance notices............................................................................. 9 268BE Contents of attendance notice ............................................................ 9 268BF Scales of expenses ........................................................................... 10 268BG Reasonable compensation for giving copies .................................... 10 268BH Offence: failing to comply with a notice ......................................... 10 268BI Offence: giving false or misleading information ............................. 10 268BJ Offence: giving false or misleading document ................................ 11 268BK Information and documents that incriminate a person ..................... 11 268BL Copies of documents ....................................................................... 11 268BM Officer may retain documents ......................................................... 12 268BN Owner of document must be given copy ......................................... 12 268BO Retaining documents ....................................................................... 12 268BP Officer may apply to magistrate or tribunal member for a further period ................................................................................... 13 268BQ Magistrate or tribunal member may order retention for further period ................................................................................... 13 Subdivision C—Searching education providers’ premises 14 268CA Authorised officer may enter premises for a visa monitoring purpose ............................................................................................ 14 Migration Act 1958 iii 268CB Being on premises with consent ...................................................... 14 268CC Consent ............................................................................................ 15 268CD Authorised officer may apply for monitoring warrant ..................... 15 268CE Magistrate or tribunal member may issue monitoring warrant ........ 15 268CF Magistrate or tribunal member may require more information ...................................................................................... 15 268CG Contents of monitoring warrant ....................................................... 16 268CH Use of reasonable force and assistance ............................................ 16 268CI Monitoring powers of authorised officers ........................................ 16 268CJ Authorised officer on premises with consent may ask questions .......................................................................................... 18 268CK Authorised officer on premises under warrant may ask questions .......................................................................................... 18 268CL Offence: failure to answer question ................................................. 19 268CM Offence: giving false or misleading information ............................. 19 268CN Offence: giving or showing documents that are false or misleading in material particulars .................................................... 19 268CO Use of electronic equipment in exercising monitoring powers ........ 20 268CP Use of electronic equipment by experts ........................................... 20 268CQ Extension of period.......................................................................... 21 268CR Powers without warrant in emergency situations ............................ 21 268CS Retaining seized things .................................................................... 22 268CT Authorised officer may apply for a thing to be retained for a further period ................................................................................... 22 268CU Magistrate or tribunal member may order that thing be retained ............................................................................................ 23 268CV Occupier to provide authorised officer with all facilities and assistance ......................................................................................... 23 268CW Announcement before entry ............................................................ 23 268CX Copy of monitoring warrant to be given to occupier before entry ................................................................................................. 24 268CY Compensation for damage to electronic equipment or data ............. 24 268CZ Occupier entitled to be present during execution of monitoring warrant .......................................................................... 25 268CZA Identity cards ................................................................................... 25 268CZB Authorised officer must produce identity card on request ............... 26 268CZC Officer may apply for warrants by telephone etc. ............................ 26 268CZD Magistrate or tribunal member may grant warrant by telephone etc. ................................................................................... 26 268CZE Procedure for issuing warrant by telephone etc. .............................. 27 268CZF Procedure after telephone warrant ceases or is executed ................. 27 268CZG Form of warrant authorises exercise of power ................................. 28 268CZH Court to assume that exercise of power not authorised by telephone etc. warrant ...................................................................... 28 iv Migration Act 1958 Division 15—General 29 269 Securities ......................................................................................... 29 270 Reports of absences of crews of vessels .......................................... 30 271 Proof of certain matters ................................................................... 31 272 Migrant centres ................................................................................ 34 273 Detention centres ............................................................................. 34 274 Secretary may issue documents containing information concerning certain persons .............................................................. 35 Part 3—Migration agents and immigration assistance 36 Division 1—Preliminary 36 275 Interpretation ................................................................................... 36 276 Immigration assistance .................................................................... 37 277 Immigration legal assistance............................................................ 39 278 Relation by employment .................................................................. 40 279 Part VIIC of the Crimes Act 1914 to apply to this Part .................... 41 Division 2—Restrictions on giving of immigration assistance and making of immigration representations 42 280 Restrictions on giving of immigration assistance ............................ 42 281 Restriction on charging fees for immigration assistance ................. 43 282 Restriction on charging fees for immigration representations ......... 44 283 False representation that a person is a registered migration agent ................................................................................................ 45 284 Restriction on self-advertising of the giving of immigration assistance ........................................................................................
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