Document ID: chunk:federal_register_of_legislation:C2024C00800:section:223:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 223 (pt 2/3)
Character Range: 613556–616142

the written consent of the Secretary or Australian Border Force Commissioner, make any payment to the detainee in respect of that debt.
Penalty: Imprisonment for 2 years.
 (9) The notice stops being in force at the end of the third working day after it is given unless, before the end of that day, the Secretary or Australian Border Force Commissioner has applied to a court for an order confirming the notice.
 (10) A court shall, on application by the Secretary or Australian Border Force Commissioner, confirm the notice if and only if it is satisfied:
 (a) that the detainee is an unlawful non‑citizen or a deportee;
 (b) that the detainee is liable, or may, on deportation or removal, become liable, to pay the Commonwealth an amount under section 210 or 212; and
 (c) that, if the court does not confirm the notice, there is a risk that the Commonwealth will not be able to recover the whole or a part of any amount that the detainee is, or becomes, liable to pay to the Commonwealth under section 210 or 212.
 (11) If the court confirms the notice, the court may make an order directing the Secretary or Australian Border Force Commissioner to make provision, whether by returning valuables to which the notice relates or otherwise, for the meeting of either or both of the following:
 (a) the detainee's reasonable living expenses (including the reasonable living expenses of the detainee's dependants (if any));
 (b) reasonable legal expenses incurred by the detainee in relation to a matter arising under this Act.
 (12) If the notice is confirmed by the court, it remains in force for such period, not exceeding 12 months, as is specified by the court.
 (13) If the court refuses to confirm the notice, it thereupon stops being in force.
 (14) The Secretary or Australian Border Force Commissioner may issue to an officer a search warrant in accordance with the prescribed form.
 (15) A search warrant shall be expressed to remain in force for a specified period not exceeding 3 months and stops being in force at the end of that period.
 (16) An officer having with him or her a search warrant that was issued to him or her under subsection (14) and that is in force may, at any time in the day or night, and with such assistance, and using such reasonable force, as the officer thinks necessary:
 (a) enter and search any building, premises, vehicle, vessel or place in which the officer has reasonable cause to believe there may be found any valuables to which a notice in force under this section relates; and
 (b) may seize any such valuables found in the course of such