Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p11
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 11/38)
Character Range: 782462–785157

attend, or appearing, before a Commissioner has the same protection as a witness in proceedings in the High Court.

5.14  Procedure of prescribed authorities
  This Part applies to:
 (a) prescribed authorities referred to in section 255 of the Act; and
 (b) proceedings before those prescribed authorities under section 253 of the Act;
in the same manner as it applies to Commissioners and proceedings before Commissioners and as if references in those provisions to a Commissioner were references to a prescribed authority.

Division 5.3—General

5.15  Behaviour concern non‑citizen
  For the purposes of paragraph (e) of the definition of behaviour concern non‑citizen in subsection 5(1) of the Act, each of the following circumstances is prescribed in relation to the exclusion of a person from a country other than Australia:
 (a) that the person refused or failed to present a passport on request by the competent authorities in that country in circumstances in which it would be unreasonable to refuse or fail to do so;
 (b) that the person presented to those authorities a passport that was a bogus document;
 (c) that the person was reasonably refused entry to that country on the ground that the person was not a genuine visitor;
 (d) that the authorities of that country considered the person to be a threat to the national security of the country.

5.15A  Special category visas—declared classes of New Zealand citizens
 (1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person:
 (a) is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and
 (b) is not a health concern non‑citizen; and
 (c) is covered by subregulation (2) or (3).
 (2) A person is covered by this subregulation if the person is a behaviour concern non‑citizen only because of having been excluded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia.
 (3) A person is covered by this subregulation if:
 (a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and
 (b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and
 (c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and
 (d) the Minister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; and
 (e) since the person made