Migration Act 1958

If the Minister thinks that it is in the public interest to do so, the Minister may, in writing, determine that section 198AD does not apply to an unauthorised maritime arrival.

For specification by class, see the Acts Interpretation Act 1901.

The Minister may, in writing, vary or revoke a determination made under subsection (1) if the Minister thinks that it is in the public interest to do so.

The power under subsection (1) or (1A) may only be exercised by the Minister personally.

The rules of natural justice do not apply to an exercise of the power under subsection (1) or (1A).

If the Minister makes a determination under subsection (1) or varies or revokes a determination under subsection (1A), the Minister must cause to be laid before each House of the Parliament a statement that:

sets out the determination, the determination as varied or the instrument of revocation; and

sets out the reasons for the determination, variation or revocation, referring in particular to the Minister’s reasons for thinking that the Minister’s actions are in the public interest.

A statement under subsection (4) must not include:

the name of the unauthorised maritime arrival; or

any information that may identify the unauthorised maritime arrival; or

if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.

A statement under subsection (4) must be laid before each House of the Parliament within 15 sitting days of that House after:

if the determination is made, varied or revoked between 1 January and 30 June (inclusive) in a year—1 July in that year; or

if the determination is made, varied or revoked between 1 July and 31 December (inclusive) in a year—1 January in the following year.

The Minister does not have a duty to consider whether to exercise the power under subsection (1) or (1A) in respect of any unauthorised maritime arrival, whether the Minister is requested to do so by the unauthorised maritime arrival or by any other person, or in any other circumstances.

An instrument under subsection (1) or (1A) is not a legislative instrument.