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MIGRATION ACT 1958 - SECT 488AA

Things seized under Crimes Act search warrant and information about such things

  (1)   This section applies to the following:

  (a)   a thing seized ( warrant material ) under a search warrant issued under Division   2 of Part   1AA of the Crimes Act 1914 ;

  (b)   information ( warrant information ) that is about, or obtained from, warrant material.

  (2)   A constable or Commonwealth officer who, under subsection   3ZQU(1) of the Crimes Act 1914 , may use or make available warrant material, is authorised to make available warrant material or warrant information:

  (a)   to a person covered by subsection   (4); and

  (b)   for a purpose mentioned in subsection   (3).

  (3)   A person covered by subsection   (4) is authorised to receive and use warrant material and warrant information, or make it available to another person covered by subsection   (4), for the following purposes:

  (a)   making a decision, or assisting in making a decision, to grant or refuse to grant a visa;

  (b)   making a decision, or assisting in making a decision, to cancel a visa;

  (c)   making a decision, or assisting in making a decision, to revoke a cancellation of a visa;

  (d)   making a decision in relation to the detention, removal or deportation of a non - citizen from Australia.

Note:   Subsection   3ZQU(4) of the Crimes Act 1914 contemplates that another law of the Commonwealth may require or authorise the use or making available of a document or other thing to persons, or for purposes, in addition to those listed in subsection   3ZQU(1) of that Act.

  (4)   The following persons are covered by this subsection:

  (a)   the Minister;

  (b)   an officer, including the Secretary.


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