Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 269

Securities

             (1)  An authorized officer may, subject to subsection (1A), require and take security for compliance with the provisions of this Act or the regulations or with any condition imposed in pursuance of, or for the purposes of, this Act or the regulations:

                     (a)  by a deposit of cash, Treasury Bonds or negotiable instruments, together with a memorandum of deposit in a form approved by the Minister; or

                     (b)  in accordance with a form of security approved by the Minister.

          (1A)  The power of an authorized officer to require and take security under subsection (1) in relation to an application for a visa applies only if:

                     (a)  the security is for compliance with conditions that will be imposed on the visa in pursuance of, or for the purposes of, this Act or the regulations, if the visa is granted; and

                     (b)  the officer has indicated those conditions to the applicant.

             (2)  A security given in accordance with a form approved by the Minister shall, without sealing, bind its subscribers as if it were sealed and, unless otherwise provided in the security, jointly and severally and for the full amount.

             (3)  Whenever a security under this Act is put in suit, the production of the security without further proof shall entitle the Commonwealth to judgment for their stated liabilities against the persons appearing to have executed the security unless the defendants prove compliance with the conditions of the security or that the security was not executed by them or release or satisfaction.

             (4)  If it appears to the court that a non-compliance with a condition of a security under this Act has occurred, the security shall not be deemed to have been discharged or invalidated, and the subscribers shall not be deemed to have been released or discharged from liability, by reason of:

                     (a)  an extension of time or other concession;

                     (b)  any consent to, or acquiescence in, a previous non-compliance with a condition; or

                     (c)  any failure to bring suit against the subscribers upon the occurrence of a previous non-compliance with the condition.



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