Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 245AYP

Scope

  (1)   This section applies if an authorised officer reasonably believes that a person has contravened a conduct rule provision (within the meaning of subsection   245AL(1) or 245AYO(1)).

Giving a compliance notice

  (2)   The authorised officer may give the person a notice (a compliance notice ) specifying action that the person must, within such reasonable time as is specified in the notice, take or refrain from taking to address the contravention.

Note:   The compliance notice may be varied or revoked under subsection   33(3) of the Acts Interpretation Act 1901 .

  (3)   The compliance notice may require the person to produce reasonable evidence of compliance with the notice.

  (4)   The compliance notice must also:

  (a)   set out the name of the person; and

  (b)   set out the name of the authorised officer; and

  (c)   set out a summary of the contravention; and

  (d)   explain that a failure to comply with the notice may contravene a civil penalty provision; and

  (e)   set out any other prescribed matters.

Person must comply with compliance notice

  (5)   A person who is given a compliance notice must comply with the notice.

Note:   It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section   486ZF).

Civil penalty:   48 penalty units.

Effect of compliance with compliance notice

  (6)   A person who complies with a compliance notice is not taken by that compliance to have admitted to the contravention in relation to which the notice is given.

Relationship with enforceable undertakings

  (7)   An authorised officer must not give a person a compliance notice in relation to a contravention if:

  (a)   the person has given an undertaking under section   245ALA in relation to the contravention; and

  (b)   the undertaking has not been withdrawn.

Relationship with civil penalty provisions

  (8)   The Minister must not apply for an order under subsection   486R(1) (civil penalty orders) in relation to a contravention of a provision mentioned in subsection   (1) of this section by a person if:

  (a)   an authorised officer has given the person a compliance notice in relation to the contravention; and

  (b)   either of the following subparagraphs applies:

  (i)   the notice has not been withdrawn, and the person has complied with the notice;

  (ii)   the person has made an application to a court for judicial review of the decision to give the notice and the application has not been completely dealt with.