Document ID: chunk:federal_register_of_legislation:C2004A00947:clause:1_198d
Version: federal_register_of_legislation:C2004A00947
Segment Type: clause
Provision Reference: sch 1 cl 198D
Character Range: 8079–9126

198D  Certificate of non‑cooperation

 (1) If the Secretary is satisfied that a transitory person has engaged in uncooperative conduct, either before or after the person was brought to Australia, then the Secretary may issue a certificate to that effect to the Tribunal.

 (2) A decision of the Secretary to issue, revoke or vary a certificate is final and cannot be challenged in any court. However, this is not intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

Note: Subsection 33(3) of the Acts Interpretation Act 1901 allows the certificate to be revoked or varied.

 (3) In this section:

uncooperative conduct means refusing or failing to cooperate with relevant authorities in connection with any of the following:
 (a) attempts to return the person to a country where the person formerly resided;
 (b) attempts to facilitate the entry or stay of the person in another country;
 (c) the detention of the person in a country in respect of which a declaration is in force under subsection 198A(3).