Immigration Amendment Act 2015

69 Section 281 replaced (Powers on deportation or turnaround)

Replace section 281 with:

281 Power to require information from person liable for deportation or turnaround

Where a person is liable for deportation or turnaround, an immigration officer may require the person to—

(a)

do any of the things in section 280(1); and

(b)

produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person.

281A Obligation of third parties to surrender identity documents

(1)

A person (person A) must surrender an identity document relating to another person (person B) to an immigration officer if—

(a)

person B—

(i)

has failed to produce or surrender the identity document when required to do so under section 280 or 281; or

(ii)

has told an immigration officer where the identity document may be found or who is holding it; and

(b)

the immigration officer has good cause to suspect that person A is in possession of the identity document; and

(c)

the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document.

(2)

No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer.

281B Power of entry and search for identity documents

(1)

An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in subsection (2) if—

(a)

the person is liable for deportation or turnaround; and

(b)

the person has refused a requirement under section 281 to produce or surrender an identity document required under that section; and

(c)

the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and

(d)

the place proposed to be entered and searched is—

(i)

the place (which may include a vehicle) where the person is currently located; or

(ii)

the person’s abode; or

(iii)

any premises or vehicle owned by, or under the control of, the person.

(2)

An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following:

(a)

enter and search a place referred to in subsection (1)(d):

(b)

seize any identity document that a person has been required to produce or surrender and that is found at the place.

(3)

However, an immigration officer must not exercise any power under this section until on or after the date on which section 285A (as inserted by the Immigration Amendment Act 2015) comes into force.