Document ID: chunk:federal_register_of_legislation:C2024C00800:section:261k:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 261K (pt 1/10)
Character Range: 852116–854826

261K  Minister's order that a thing not be condemned
 (1) A power of the Minister under this Division to give a written order that a thing is not to be condemned as forfeited must be exercised by the Minister personally.
 (2) The Minister does not have a duty to consider whether to exercise such a power in respect of any thing, whether the Minister is requested to do so by any person, or in any other circumstances.
 (3) If the Minister makes an order under this Division that a thing is not to be condemned as forfeited, he or she must cause to be laid before each House of the Parliament a statement that sets out:
 (a) the order; and
 (b) the Minister's reasons for making the order.
 (4) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:
 (a) if the order is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
 (b) if the order is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

Migration Act 1958

No. 62, 1958

Compilation No. 163

Compilation date: 5 December 2024

                Includes amendments: Act No. 105, 2024 and Act No. 107, 2024

This compilation is in 2 volumes

Volume 1: sections 1–261K
Volume 2: sections 262–507
 Schedule
 Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 5 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation