Document ID: chunk:federal_register_of_legislation:C2024C00800:section:500a:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 500A (pt 2/3)
Character Range: 1258534–1261124

the person from immigration detention; or
 (iii) after the person escaped from immigration detention but before the person was taken into immigration detention again; or
 (e) the person has been convicted of an offence against section 197A.
 (4) For the purposes of subsection (3), a sentence imposed on a person, or the conviction of a person for an offence, is to be disregarded if:
 (a) the conviction concerned has been quashed or otherwise nullified; or
 (b) the person has been pardoned in relation to the conviction concerned.
 (5) For the purposes of subsection (3), if a person has been convicted of an offence and the court orders the person to participate in:
 (a) a residential drug rehabilitation scheme; or
 (b) a residential program for the mentally ill;
the person is taken to have been sentenced to a term of imprisonment equal to the number of days the person is required to participate in the scheme or program.

Minister to exercise power personally
 (6) The powers under subsections (1) and (3) may only be exercised by the Minister personally.

Minister to table decision
 (7) If the Minister makes a decision under subsection (1) or (3) to refuse to grant, or to cancel, a temporary safe haven visa, the Minister is to cause to be laid before each House of the Parliament a statement that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision.
 (8) A statement under subsection (7) is not to include:
 (a) the name of the non‑citizen; or
 (b) any information that may identify the non‑citizen; or
 (c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.
 (9) A statement under subsection (7) is to be laid before each House of the Parliament within 15 sitting days of that House after:
 (a) if the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or
 (b) if the decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

Minister to notify person of decision
 (10) If the Minister makes a decision under subsection (1) or (3) to refuse to grant a person a temporary safe haven visa, or to cancel a person's temporary safe haven visa, the Minister must, in writing, notify the person of the decision. However, failure to do so does not affect the validity of the decision.
 (10A) If the notification under subsection (10) relates to a decision to cancel a person's temporary