Migration Act 1958

This section applies if an authorised officer reasonably believes that a person has contravened a conduct rule provision (within the meaning of subsection 245AL(1) or 245AYO(1)).

The authorised officer may give the person a notice (a compliance notice) specifying action that the person must, within such reasonable time as is specified in the notice, take or refrain from taking to address the contravention.

The compliance notice may be varied or revoked under subsection 33(3) of the Acts Interpretation Act 1901.

The compliance notice may require the person to produce reasonable evidence of compliance with the notice.

The compliance notice must also:

set out the name of the person; and

set out the name of the authorised officer; and

set out a summary of the contravention; and

explain that a failure to comply with the notice may contravene a civil penalty provision; and

set out any other prescribed matters.

A person who is given a compliance notice must comply with the notice.

It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF).

A person who complies with a compliance notice is not taken by that compliance to have admitted to the contravention in relation to which the notice is given.

An authorised officer must not give a person a compliance notice in relation to a contravention if:

the person has given an undertaking under section 245ALA in relation to the contravention; and

the undertaking has not been withdrawn.

The Minister must not apply for an order under subsection 486R(1) (civil penalty orders) in relation to a contravention of a provision mentioned in subsection (1) of this section by a person if:

an authorised officer has given the person a compliance notice in relation to the contravention; and

either of the following subparagraphs applies:

the notice has not been withdrawn, and the person has complied with the notice;

the person has made an application to a court for judicial review of the decision to give the notice and the application has not been completely dealt with.