Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Subdivision:
"eligible non-citizen" means a non - citizen who:
(a) has been immigration cleared; or
(b) is in a prescribed class of persons; or
(c) the Minister has determined to be an eligible non - citizen.
(2) The Minister may make a determination under paragraph (1)(c) that a non - citizen is an eligible non - citizen if:
(a) the non - citizen was an unlawful non - citizen when he or she entered the migration zone; and
(b) the non - citizen made a valid application for a protection visa after he or she arrived in Australia; and
(c) the non - citizen has been in immigration detention for a period of more than 6 months after the application for a protection visa was made; and
(d) the Minister has not made a primary decision in relation to the application for a protection visa; and
(e) the Minister thinks that the determination would be in the public interest.
(3) The power to make a determination under paragraph (1)(c) may only be exercised by the Minister personally.
(4) If the Minister makes a determination under paragraph (1)(c), he or she is to cause to be laid before each House of the Parliament a statement that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.
(5) A statement made under subsection (4) is not to include:
(a) the name of any non - citizen who is the subject of the determination; 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 the person.
(6) A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:
(a) if the determination is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or
(b) if the determination is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.
(7) The Minister does not have a duty to consider whether to make a determination under paragraph (1)(c) in respect of any non - citizen, whether he or she is requested to do so by the non - citizen or any other person, or in any other circumstances.