Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 268CA

Authorised officer may enter premises for a visa monitoring purpose

  (1)   An authorised officer may for a visa monitoring purpose:

  (a)   enter any premises:

  (i)   occupied by an education provider for the purposes of providing courses of education or of training; or

  (ii)   at which it is reasonable to believe there might be a thing belonging to or possessed by an education provider, or an activity conducted by or with the consent of the provider, that is relevant to a visa monitoring purpose (whether or not those premises are occupied by the provider); and

  (b)   exercise the monitoring powers set out in section   268CI.

  (2)   An authorised officer is not authorised to enter premises under subsection   (1) unless:

  (a)   the occupier of the premises has consented to the entry and the officer has shown his or her identity card if requested by the occupier; or

Note:   Section   268CC sets out the requirements for obtaining the occupier's consent.

  (b)   the entry is made under a monitoring warrant.

Note:   Monitoring warrants are issued under section   268CE or 268CZD.

  (3)   The powers in this Subdivision may be exercised even if any relevant student visa is no longer in effect or the holder of any such visa is no longer enrolled in a course provided by the education provider.


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