Document ID: chunk:federal_register_of_legislation:C2024C00800:front:0:p1
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Character Range: 0–2889

Migration Act 1958

No. 62, 1958

Compilation No. 163

Compilation date: 5 December 2024

                Includes amendments: Act No. 105, 2024 and Act No. 107, 2024

This compilation is in 2 volumes

Volume 1: sections 1–261K
Volume 2: sections 262–507
 Schedule
 Endnotes

Each volume has its own contents

About this compilation

This compilation

This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 5 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Repeal and savings
3A Act not to apply so as to exceed Commonwealth power
3B Compensation for acquisition of property
4 Object of Act
4AA Detention of minors a last resort
4A Application of the Criminal Code
5 Interpretation
5AAA Non‑citizen's responsibility in relation to protection claims
5AA Meaning of unauthorised maritime arrival
5AB Sentencing for offences
5A Meaning of personal identifier
5B When personal identifier taken not to have been provided
5C Meaning of character concern
5CA Child of a person
5CB De facto partner
5D Limiting the types of identification tests that authorised officers may carry out
5E Meaning of purported privative clause decision
5F Spouse
5G Relationships and family members
5H Meaning of refugee
5J Meaning of well‑founded fear of persecution
5K Membership of a particular social group consisting of family
5L