Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendment of the Migration Act 1958
1 Section 103
After "present", insert ", produce".
2 Section 103
After "presented", insert ", produced".
3 Before section 487
Insert:
487ZI Prohibition on, and forfeiture of, bogus documents
(1) A person (whether a citizen or non-citizen) must not give, present, produce or provide a bogus document to an officer, an authorised system, the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official ), or cause such a document to be so given, presented, produced or provided.
(2) A bogus document given, presented, produced or provided in contravention of subsection (1) is forfeited to the Commonwealth.
487ZJ Seizure of bogus documents
(1) If an officer reasonably suspects that a document is forfeited under subsection 487ZI(2), then the officer may seize the document.
(2) As soon as practicable after seizing the document, the officer must give written notice of the seizure to the person who gave, presented, produced or provided the document to the official under subsection 487ZI(1).
(3) The notice must:
(a) identify the document; and
(b) state that the document has been seized; and
(c) specify the reason for the seizure; and
(d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:
(i) to recover the document; or
(ii) for a declaration that the document is not forfeited.
(4) For the purposes of paragraph (3)(d), the period must:
(a) start on the date of the notice; and
(b) end 90 days after that date.
487ZK Document condemned as forfeited
(1) If a document is seized under subsection 487ZJ(1), then:
(a) the person who gave, presented, produced or provided the document to the official under subsection 487ZI(1); and
(b) if that person is not the owner of the document--the owner;
may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:
(c) to recover the document; or
(d) for a declaration that the document is not forfeited.
(2) The proceedings:
(a) may be instituted even if the seizure notice required to be given under subsection 487ZJ(2) in relation to the document has not yet been given; and
(b) may only be instituted before the end of the period specified in the seizure notice.
(3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.
(4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:
(a) an order for the person or owner to recover the document; or
(b) a declaration that the document is not forfeited.
(5) For the purposes of subsection (4), if the proceedings go to judgment, they end:
(a) if no appeal against the judgment is lodged within the period for lodging such an appeal--at the end of that period; or
(b) if an appeal against the judgment is lodged within that period--when the appeal lapses or is finally determined.
487ZL Dealing with a document after it is condemned as forfeited
(1) If, under section 487ZK, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister under section 499.
(2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:
(a) must give a direction under section 499 for the safe keeping of the document; and
(b) must authorise access to the document for the purposes of those proceedings.
Division 2--Contingent amendments
4 Subsection 487ZI(1)
After "bogus document", insert "(within the meaning of section 97)".
5 Subsection 487ZI(1)
Omit "(within the meaning of section 97)".
Division 3--Application of amendments made by Part 1
6 Application of amendments
The amendments made by Part 1 of this Schedule apply to documents given, presented, produced or provided to the official on or after the commencement of item 1 of this Schedule.
Part 2 -- Amendment of the Australian Citizenship Act 2007
7 Section 3
Insert:
"bogus document" has the same meaning as in subsection 5(1) of the Migration Act 1958 .
8 Before section 46
Insert:
45A Prohibition on, and forfeiture of, bogus documents
(1) A person (whether a citizen or non-citizen) must not give a bogus document to the Minister, a person acting under a delegation or authorisation of the Minister, a tribunal or any other person or body performing a function or purpose under, or in relation to, this Act (the official ), or cause such a document to be so given.
(2) A bogus document given in contravention of subsection (1) is forfeited to the Commonwealth.
45B Seizure of bogus documents
(1) If the Minister reasonably suspects that a document is forfeited under subsection 45A(2), then the Minister may seize the document.
(2) As soon as practicable after seizing the document, the Minister must give written notice of the seizure to the person who gave the document to the official under subsection 45A(1).
(3) The notice must:
(a) identify the document; and
(b) state that the document has been seized; and
(c) specify the reason for the seizure; and
(d) state that the document will be condemned as forfeited unless the person institutes proceedings against the Commonwealth before the end of the period specified in the notice:
(i) to recover the document; or
(ii) for a declaration that the document is not forfeited.
(4) For the purposes of paragraph (3)(d), the period must:
(a) start on the date of the notice; and
(b) end 90 days after that date.
45C Document condemned as forfeited
(1) If a document is seized under subsection 45B(1), then:
(a) the person who gave the document to the official under subsection 45A(1); and
(b) if that person is not the owner of the document--the owner;
may, subject to paragraph (2)(b), institute proceedings in a court of competent jurisdiction:
(c) to recover the document; or
(d) for a declaration that the document is not forfeited.
(2) The proceedings:
(a) may be instituted even if the seizure notice required to be given under subsection 45B(2) in relation to the document has not yet been given; and
(b) may only be instituted before the end of the period specified in the seizure notice.
(3) If, before the end of the period specified in the seizure notice, the person or owner does not institute the proceedings, the document is condemned as forfeited to the Commonwealth immediately after the end of that period.
(4) If, before the end of the period specified in the seizure notice, the person or owner does institute the proceedings, the document is condemned as forfeited to the Commonwealth at the end of the proceedings unless there is:
(a) an order for the person or owner to recover the document; or
(b) a declaration that the document is not forfeited.
(5) For the purposes of subsection (4), if the proceedings go to judgment, they end:
(a) if no appeal against the judgment is lodged within the period for lodging such an appeal--at the end of that period; or
(b) if an appeal against the judgment is lodged within that period--when the appeal lapses or is finally determined.
45D Dealing with a document after it is condemned as forfeited
(1) If, under section 45C, a document is condemned as forfeited to the Commonwealth, it must be dealt with or disposed of (including by being given to another person) in accordance with any direction given by the Minister.
(2) If the Minister considers that the document may be relevant to proceedings in a court or tribunal, then the Minister:
(a) must give a direction for the safe keeping of the document; and
(b) must authorise access to the document for the purposes of those proceedings.
(3) A direction given under this section is not a legislative instrument.
Division 2--Contingent amendments
9 Section 3
Insert:
"bogus document" has the same meaning as in section 97 of the Migration Act 1958 .
10 Section 3 (definition of bogus document )
Omit "section 97", substitute "subsection 5(1)".
Division 3--Application of amendments made by Part 2
11 Application of amendments
The amendments made by Part 2 of this Schedule apply to documents given to the official on or after the commencement of item 1 of this Schedule.