Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p38
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 94032–96871

which a particular prescribed period is to apply which may be:

  (a)     when the requirement is oral; or

  (b)     when the requirement is in writing.

Detention of unlawful non-citizens

"54W.(1) If an officer knows or reasonably suspects that a person in the migration zone is an unlawful non-citizen, the officer must detain the person.

"(2) If an officer reasonably suspects that a person in Australia but outside the migration zone:

  (a)     is seeking to enter the migration zone; and

  (b)     would, if in the migration zone, be an unlawful non-citizen;

the officer must detain the non-citizen.

Non-compliance with immigration clearance basis of detention

"54X. For the purposes of section 54W, an officer suspects on reasonable grounds that a person in Australia is an unlawful non-citizen if, but not only if, the officer knows, or suspects on reasonable grounds, that the person:

  (a)     was required to comply with section 54HM; and

  (b)     did one or more of the following:

         (i) evaded, attempted to evade or appeared to attempt to evade going to a clearance officer;

         (ii) went to a clearance officer but was not able to show, or otherwise did not show, evidence required by that section to be shown;

      (iii) if a non-citizen, went to a clearance officer but was not

         able to give, or otherwise did not give, information required by that section to be given.

End of certain detention

"54Y. A person detained because of section 54X must be released from immigration detention if he or she:

    (a)     gives evidence of his or her identity and Australian citizenship; or

  (b)     complies with section 54HM and either:

         (i) shows an officer evidence of being a lawful non-citizen; or

      (ii) is granted a visa.

Detention of visa holders whose visas liable to cancellation

"54Z.(1) Subject to subsection (2), if an officer knows or reasonably suspects that a non-citizen holds a visa that may be cancelled under Subdivision C, D or G of Division 2, the officer may detain the non-citizen.

"(2) An officer must not detain an immigration cleared non-citizen under subsection (1) unless the officer reasonably suspects that if the non-citizen is not detained, the non-citizen would:

  (a)     attempt to evade the officer and other officers; or

    (b)     otherwise not co-operate with officers in their inquiries about the non-citizen's visa and matters relating to the visa.

"(3) An officer may question a non-citizen detained because of this section about the visa and matters relevant to the visa.

"(4) A non-citizen detained under subsection (1) must be released from questioning detention if the officer becomes aware that the non-citizen's visa is not one that may be cancelled under Subdivision C, D or G of Division 2.

"(5) A non-citizen detained