Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 198AHA

Power to take action etc. in relation to arrangement or regional processing functions of a country

             (1)  This section applies if the Commonwealth enters into an arrangement with a person or body in relation to the regional processing functions of a country.

             (2)  The Commonwealth may do all or any of the following:

                     (a)  take, or cause to be taken, any action in relation to the arrangement or the regional processing functions of the country;

                     (b)  make payments, or cause payments to be made, in relation to the arrangement or the regional processing functions of the country;

                     (c)  do anything else that is incidental or conducive to the taking of such action or the making of such payments.

             (3)  To avoid doubt, subsection (2) is intended to ensure that the Commonwealth has capacity and authority to take action, without otherwise affecting the lawfulness of that action.

             (4)  Nothing in this section limits the executive power of the Commonwealth.

             (5)  In this section:

"action" includes:

                     (a)  exercising restraint over the liberty of a person; and

                     (b)  action in a regional processing country or another country.

"arrangement" includes an arrangement, agreement, understanding, promise or undertaking, whether or not it is legally binding.

"regional processing functions" includes the implementation of any law or policy, or the taking of any action, by a country in connection with the role of the country as a regional processing country, whether the implementation or the taking of action occurs in that country or another country.



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