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IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 12

Arrest of passenger from certain vessels
12. (1) A member of the Australian Federal Police or the Police Force of a
State or Territory or any other officer authorized by the Minister for the
purposes of this section may, without warrant, arrest a person whom he
reasonably believes to be a relevant passenger from a vessel to which section 
9 applies-

   (a)  who disembarked from the vessel, or left an appointed airport after
        having disembarked from the vessel, otherwise than in accordance with
        a permit granted under sub-section 9 (4);

   (b)  who has failed to comply with a condition or requirement of a permit
        granted to him under sub-section 9 (4); or

   (c)  who has failed to comply with the requirements of a notice given to
        him under sub-section 11 (3), and a person so arrested shall be kept
        in the custody of any officer or in such other custody as the Minister
        or an authorized officer directs.

(2) Where an officer arrests a person in pursuance of sub-section (1), the
officer shall forthwith inform the person arrested of the reason for the
arrest, and the officer or another officer having the custody of that person
shall take him before a prescribed authority within 48 hours after the arrest
or, if it is not practicable to bring him before a prescribed authority within
that period, as soon as practicable after that period.

(3) Where a person is brought before a prescribed authority under this
section, the prescribed authority shall enquire into the question whether
there are reasonable grounds for believing that the person is a relevant
passenger referred to in sub-section (1) and, if the prescribed authority is
satisfied that there are such reasonable grounds, he shall, by writing under
his hand, authorize the detention of that person in such custody as the
Minister or an authorized officer directs-

   (a)  until he is conveyed from Australia;

   (b)  until he is granted an entry permit under the Migration Act 1958; or

   (c)  until the Minister gives a direction under sub-section 10 (2) in
        respect of the person, whichever first occurs, but, if the prescribed
        authority is not so satisfied, he shall order that the person be
        released.

(4) Where arrangements are made, whether in accordance with section 11 or
otherwise, for the conveyance of a person held in custody under this section
from Australia, an authorized officer may cause the person to be placed on
board a vessel for conveyance from Australia in accordance with those
arrangements and, if the person is so placed on board a vessel, the power to
give directions under sub-section (3) in relation to the custody of the person
extends to the giving of directions with respect to the custody of the person
on the vessel until her departure from her last port or place of call in
Australia.

(5) If, while a person is in custody under this section, the Minister is
satisfied that it will not be practicable for the person to be removed from
Australia in accordance with a requirement under sub-section 11 (1) served
upon the master of a vessel, the Minister shall order that the person be
released.

(6) Sub-section (1) does not authorize the arrest of a relevant passenger-

   (a)  who is the holder of an entry permit granted under the Migration Act 
        1958 ; or

   (b)  in respect of whom a direction has been given under sub-section 10 (2)
        of this Act.

(7) A prescribed authority-

   (a)  shall make a thorough investigation of the matter which he is required
        to inquire into, without regard to legal forms, and shall not be bound
        by any rules of evidence, but may inform himself of any relevant
        matter in such manner as he thinks fit;

   (b)  may take evidence on oath or affirmation; and

   (c)  may require a person who appears before the authority to give evidence
        either to take an oath or make an affirmation, and may administer an
        oath or affirmation to a person who so appears.

(8) The oath or affirmation to be taken or made by a person for the purposes
of paragraph (7) (c) is an oath or affirmation that the answers he will give
to questions asked him will be true.
(9) In this section, "relevant passenger", in relation to a vessel to which
section 9 applies, has the same meaning as it has in section 9. 


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