Commonwealth Consolidated Acts

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Effect of residence determination

Act and regulations apply as if person were in detention in accordance with section   189

  (1)   While a residence determination is in force, this Act and the regulations apply (subject to subsection   (3)) to a person who is covered by the determination and who is residing at the place specified in the determination as if the person were being kept in immigration detention at that place in accordance with section   189.

  (2)   If:

  (a)   a person covered by a residence determination is temporarily staying at a place other than the place specified in the determination; and

  (b)   the person is not breaching any condition specified in the determination by staying there;

then, for the purposes of subsection   (1), the person is taken still to be residing at the place specified in the determination.

Certain provisions do not apply to people covered by residence determinations

  (3)   Subsection   (1):

  (a)   does not apply for the purposes of section   197 or 197A, or any of sections   252AA to 252E; and

  (b)   does not apply for the purposes of any other provisions of this Act or the regulations that are specified in regulations made for the purposes of this paragraph.

What constitutes release from immigration detention?

  (4)   If:

  (a)   a residence determination is in force in relation to a person; and

  (b)   a provision of this Act requires the person to be released from immigration detention, or this Act no longer requires or permits the person to be detained;

then, at the time when paragraph   (b) becomes satisfied, the residence determination, so far as it covers the person, is revoked by force of this subsection and the person is, by that revocation, released from immigration detention.

Note:   Because the residence determination is revoked, the person is no longer subject to the conditions specified in the determination.

  (5)   If a person is released from immigration detention by operation of subsection   (4), the Secretary must, as soon as possible, notify the person that he or she has been so released.

Secretary must ensure section   256 complied with

  (6)   The Secretary must ensure that a person covered by a residence determination is given forms and facilities as and when required by section   256.

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