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MIGRATION ACT 1958 - SECT 487A

Definitions

                   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 Court; 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.

"work-related offence" means:

                     (a)  an offence against Subdivision C 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.

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



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