Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 487A

    In this Part:

"evidential material" means:

  (a)   in relation to a sponsorship - related offence or a work - related offence:

  (i)   a thing with respect to which the offence has been committed or is reasonably suspected of having been committed; or

  (ii)   a thing that it is reasonably suspected will afford evidence as to the commission of the offence; or

  (iii)   a thing that is reasonably suspected of being intended to be used for the purpose of committing the offence; or

  (b)   in relation to a contravention of a sponsorship - related provision or a work - related provision:

  (i)   a thing with respect to which the provision has been contravened or is reasonably suspected of having been contravened; or

  (ii)   a thing that it is reasonably suspected will afford evidence as to the contravention of the provision; or

  (iii)   a thing that is reasonably suspected of being intended to be used for the purpose of contravening the provision.

"issuing officer" means:

  (a)   a magistrate; or

  (b)   a Judge of the Federal Circuit and Family Court of Australia (Division   2); or

  (c)   a Judge of the Federal Court.

Note:   For conferral of powers on an issuing officer, see section   487ZH.

"occupier" , in relation to premises comprising a vehicle or vessel, means the person apparently in charge of the vehicle or vessel.

"person assisting" has the meaning given by section   487H.

"premises" includes the following:

  (a)   a structure, building, vehicle or vessel;

  (b)   a place (whether or not enclosed or built on);

  (c)   a part of a thing referred to in paragraph   (a) or (b).

"related provision" means:

  (a)   a sponsorship - related offence; or

  (b)   a sponsorship - related provision; or

  (c)   a work - related offence; or

  (d)   a work - related provision.

"search powers" has the meaning given by sections   487E, 487F and 487G.

"search warrant" means:

  (a)   a warrant issued by an issuing officer under section   487ZC; or

  (b)   a warrant signed by an issuing officer under section   487ZD.

"sponsorship-related offence" means:

  (a)   an offence against Subdivision D of Division   12 of Part   2; or

  (b)   an offence against section   6 of the Crimes Act 1914 that relates to an offence against that Subdivision; or

  (c)   an ancillary offence (within the meaning of the Criminal Code ) that is, or relates to, an offence against that Subdivision.

"sponsorship-related provision" means a civil penalty provision in Subdivision D of Division   12 of Part   2.