Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
7 Persons who are authorised officers for purposes of the Migration Act 1958 are taken to be approved for this Schedule
A person who:
is an authorised officer or a detention officer; and
is an authorised Migration Act officer for a provision of the Migration Act 1958 listed in column 2 of an item of the table;
is, while he or she meets the conditions in paragraphs (a) and (b), taken to be approved under clause 6 for the purposes of the provision of this Schedule listed in column 3 of the item.
Corresponding provisions of the Migration Act 1958 and this Schedule | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
1 | Subsection 252(4) | Subclause 15(3) |
2 | Paragraph 252(6)(a) | Paragraph 15(5)(a) |
3 | Subparagraph 252(6)(b)(i) | Subparagraph 15(5)(b)(i) |
4 | Subsection 252AA(1) | Subclause 16(1) |
5 | Subsection 252A(1) | Subclause 17(1) |
6 | Subsection 252C(1) | Subclause 19(1) |
7 | Subsection 252D(2) | Subclause 20(2) |
8 | Subsection 252G(3) | Subclause 22(3) |
9 | Section 261AA | Clause 28 |
10 | Subsection 261AE(1) | Subclause 32(1) |
11 | Subsection 261AE(3) | Subclause 32(3) |
12 | Section 261AG | Clause 34 |
13 | Section 261AJ | Clause 37 |
14 | Subsection 261AK(1) (except paragraph (a)) | Subclause 38(1) (except paragraph (a)) |
15 | Subsection 261AK(3) | Subclause 38(3) |
Limits on approval
However, the person is not taken to be approved to carry out an identification test in relation to which section 5D of the Migration Act 1958 provides that the person is not an authorised officer (for the purposes of that Act).
This is relevant to items 9 to 15 of the table in subclause (1).
Persons specified by CEO not approved
The CEO may, by instrument, specify that the person is not taken to be approved:
for the purposes of the provision of this Schedule; or
for the purposes of carrying out under this Schedule identification tests of a type specified under section 5D of the Migration Act 1958 in relation to the person.
The instrument has effect according to its terms, despite subclause (1).
An instrument under subclause (3) may specify one or more persons by reference to their being members of a specified class at or after a time specified in the instrument.
An instrument made under subclause (3) is not a legislative instrument.
This Act’s bill:Explanatory memorandumSecond reading speech
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