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Tuesday, 17 February 1987
Page: 18

(Question No. 4440)


Mr Cadman asked the Minister for Immigration and Ethnic Affairs, upon notice, on 21 August 1986:

What explicit rights does a person other than an officer of his Department have under the Migration Act.


Mr Hurford —The answer to the honourable member's question is as follows:

Section 66E of the Migration Act gives persons the right to apply to the Administrative Appeals Tribunal for review of my decisions under section 12 to deport non-citizens who are convicted of crimes and under section 48 to direct a person not to act as a migration agent. A person is not entitled to make an application in relation to a decision under section 12 unless he or she is an Australian citizen or a permanent resident of Australia.

In addition, various provisions of the Migration Act confer rights in relation to the exercise of powers. Those provisions are sections 6, 6a, 7, 8, 11a, 11B, 12, 14, 14a, 16, 18, 19, 20, 21, 26, 27, 31a, 31B, 36, 36a, 37, 38, 39, 41, 42, 43 and 54.

Those powers are exercisable by myself, ``officers'' and ``authorised officers''.

``Officer'' is defined in the Migration Act as meaning:

(a) an officer of the Department;

(b) a person who is an officer for the purposes of the Customs Act 1901;

(c) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or

(d) any other person who is, or who is included in a class of persons who are, authorized by the Minister to exercise that power or to discharge that duty or function.

``Authorised officer'' is defined in the Migration Act as meaning a person authorised by me to exercise a power or discharge a duty or function.

Examples of persons, other than officers of my Department, who exercise powers under the Migration Act include the following:

(i) locally engaged staff at certain overseas posts who are authorised to issue visas under section 11a;

(ii) Officers of the Australian Federal Police and the Australian Protective Service, who among other things, exercise powers in relation to custody of prohibited non-citizens under sections 36 and 36a and in relation to the arrest of prohibited non-citizens under sections 38 and 39;

(iii) Customs officers who exercise powers in relation to, amongst other things, detention of vessels for the purposes of enabling a search of the vessels under section 44.