Document ID: chunk:federal_register_of_legislation:C2024A00107:clause:3_206a:p1
Version: federal_register_of_legislation:C2024A00107
Segment Type: clause
Provision Reference: sch 3 cl 206A (pt 1/2)
Character Range: 34386–37148

206A  Relevance of Ministerial intervention powers to deportation
 (1) For the purposes of:
 (a) determining whether section 200 applies to a non‑citizen; or
 (b) executing a deportation order in relation to a non‑citizen under subsection 206(1);
it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the non‑citizen.
 (2) Subsection (1) applies whether a request is made by:
 (a) the non‑citizen; or
 (b) an officer of the Department; or
 (c) any other person.
 (3) Subsection (1) applies whether or not a request has been drawn to the Minister's attention.

Temporary suspension of deportation
 (4) Despite subsection (1), if the Minister decides to consider whether to exercise a Ministerial intervention power (whether on request or otherwise) in relation to a non‑citizen, the Minister must not order the deportation of the non‑citizen, and the non‑citizen must not be deported, during the period covered by subsection (5).

Period during which deportation is suspended
 (5) For the purposes of subsection (4), the period is 6 months starting on the day (the start day) the Minister decides to consider whether to exercise the Ministerial intervention power in relation to the non‑citizen, unless:
 (a) before the end of that 6 month period, the non‑citizen has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or
 (b) the period ends earlier under subsection (6).
 (6) For the purposes of paragraph (5)(b), the period ends at the earlier of the following times:
 (a) the end of the day the Minister decides not to exercise the power in relation to the non‑citizen;
 (b) the end of the day the Minister decides to stop considering whether to exercise the power in relation to the non‑citizen;
 (c) if the Minister exercises the power in relation to the non‑citizen, and subsection (7) specifies a day—the end of that day;
 (d) if the Minister exercises the power in relation to the non‑citizen but the exercise does not result in the non‑citizen being able to make a visa application—the end of the day that the Minister exercises the power.
 (7) For the purposes of paragraph (6)(c), this subsection specifies the following days:
 (a) in a case where, as a consequence of the exercise of the Ministerial intervention power, the non‑citizen may make a visa application within a specified period—the last day of the period in which the non‑citizen could make the visa application;
 (b) in any other case where, as a consequence of the exercise of the power, the non‑citizen may make a visa application—whichever of the following