will voluntarily leave Australia; and

if the non-citizen does not voluntarily leave Australia, will cooperate with steps taken under this Act for the purposes of arranging the non-citizen’s lawful removal from Australia; and

will not attempt to obstruct or frustrate the non-citizen’s lawful removal from Australia.

an unlawful non-citizen:

who is required to be removed from Australia under section 198 as soon as reasonably practicable; or

who would be required to be so removed except for the operation of subsection 197E(5);

a lawful non-citizen who holds a Subclass 070 (Bridging (Removal Pending)) visa;

a lawful non-citizen who:

holds a Subclass 050 (Bridging (General)) visa; and

at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia;

a lawful non-citizen who holds a visa prescribed for the purposes of this paragraph.

may be given a removal pathway direction by the Minister; and

may commit the offence of refusing or failing to comply with the direction under section 199E.

complete, sign and submit an application for one or more of the following documents (including doing and providing all things required for the application process by the person or authority to which it is to be submitted):

a passport;

(ii) a travel-related document within the meaning of the Australian Passports Act 2005;

(iii) a foreign travel document within the meaning of the Foreign Passports (Law Enforcement and Security) Act 2005;

complete, sign and submit any other document or form required for, or to facilitate, travel (including doing and providing all things required for submission by the person or authority to which it is to be submitted);

provide documents or information to an officer or another person specified in the direction;

attend an interview or appointment with an officer or another person specified in the direction;

report in person to an officer or another person in accordance with instructions specified in the direction.

determine whether there is a real prospect of the removal of the non-citizen from Australia under section 198 becoming practicable in the reasonably foreseeable future; or

facilitate the removal of the non-citizen from Australia under that section.

the period within which the non-citizen must do a specified thing; or

for a direction not to do a specified thing—the period during which the non-citizen must not do the thing.

that is the subject of a direction previously given by the Minister to the non-citizen; and

for which the period specified in the previous direction for the thing has not ended.

in the case of an unlawful non-citizen—the non-citizen cannot be removed to that country because of subsection 197C(3); or

in the case of a lawful non-citizen—the non-citizen could not be removed to that country because of that subsection if the non-citizen were an unlawful non-citizen.

the non-citizen has made a valid application for a protection visa; and

the application is not yet finally determined.

the non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa;

the visa is subject to a monitoring condition (within the meaning of subsection 76B(4));

an instruction or specification under the monitoring condition has been given to the non-citizen;

the direction would require the non-citizen to do, or not do, a thing that is substantially the same as the instruction or specification;

the Minister has not, in writing:

withdrawn the instruction or specification; or

confirmed that the instruction or specification has been complied with.

not to commence, or to discontinue, court or tribunal proceedings; or

to take or not take particular steps in the conduct of such proceedings; or

not to make a visa application under this Act; or

to withdraw a visa application made under this Act.

the person is a removal pathway non-citizen; and

the person is given a removal pathway direction; and

the direction has not been revoked; and

the person refuses or fails to comply with the direction.

has a genuine fear of suffering persecution or significant harm if the person were removed to a particular country; or

is, or claims to be, a person in respect of whom Australia has non-refoulement obligations; or

believes that, if the person were to comply with the removal pathway direction, the person would suffer other adverse consequences.

the Prime Minister; and

(b) the Minister administering the Diplomatic Privileges and Immunities Act 1967.

the requirement under subsection (2A) that the Minister must have regard to matters (if any) that are prescribed by the regulations for the purposes of that subsection;

the prescription of particular matters by the regulations for the purposes of subsection (2A).

a copy of the designation; and

a statement of the Minister’s reasons for thinking it is in the national interest to designate the country to be a removal concern country.

a colony, overseas territory or protectorate of a foreign country; and

an overseas territory for the international relations of which a foreign country is responsible.

the non-citizen is a national of one or more removal concern countries; and

the non-citizen is outside Australia.

both of the following apply:

the non-citizen is a national of a country (within the meaning of subsection 199F(9)) that is not a removal concern country;

the non-citizen holds a passport issued by that country that is in force; or

the non-citizen is the spouse, de facto partner or dependent child (within the meaning of the regulations) of:

an Australian citizen; or

the holder of a permanent visa that is in effect; or

a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or

the non-citizen is the parent of a child who is under 18 and in Australia; or

the application is for the grant of a Refugee and Humanitarian (Class XB) visa (within the meaning of section 39A); or

the non-citizen is included in a class of persons determined in an instrument made under subsection (3) of this section; or

the application is for the grant of a visa of a class determined in an instrument made under subsection (3) of this section.

a class of persons for the purposes of paragraph (2)(e);

a class of visa for the purposes of paragraph (2)(f).

the non-citizen is:

an unlawful non-citizen; or

a lawful non-citizen of a kind mentioned in paragraph 199B(1)(b), (c) or (d); and

the non-citizen has made a valid application for a protection visa that has been finally determined; and

in the course of considering the application, a protection finding, within the meaning of subsection 197C(4), (5), (6) or (7), was made for the non-citizen with respect to a country (whether or not the protection visa was refused or was granted and has since been cancelled).

an unlawful non-citizen; or

a lawful non-citizen of a kind mentioned in paragraph 199B(1)(b), (c) or (d).

subsection 46A(2) (about visa applications by unauthorised maritime arrivals);

subsection 46B(2) (about visa applications by transitory persons);

subsection 48B(1) (about further applications for a protection visa after refusal or cancellation);

paragraph 72(1)(c) (about bridging visas for eligible non-citizens);

subsection 91F(1) (about non-citizens for whom there is a safe third country);

subsection 91L(1) (about holders of temporary safe haven visas);

subsection 137N(1) (about revocation of visa cancellation on the Minister’s initiative);

subsection 195A(2) (about grant of visas to detainees);

subsection 198AE(1) (about Minister’s power to determine that section 198AD does not apply);

subsection 351(1) (about Minister’s power to substitute certain ART decisions);

subsection 501J(1) (about Minister’s power to substitute ART protection visa decision).

an officer’s duty to remove as soon as reasonably practicable an unlawful non-citizen under the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the unlawful non-citizen; andsection 198 arises irrespective of whether

the fact that the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unlawful non-citizen is irrelevant to whether or not the removal of the unlawful non-citizen is reasonably practicable for the purposes of section 198.

the unlawful non-citizen; or

an officer of the Department; or

any other person.

before the end of that 6 month period, the unlawful non-citizen has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or

the period ends earlier under subsection (7).

the end of the day the Minister decides not to exercise the Ministerial intervention power in relation to the unlawful non-citizen;

the end of the day the Minister decides to stop considering whether to exercise the power in relation to the non-citizen;

if the Minister exercises the power in relation to the non-citizen, and subsection (8) specifies a day—the end of that day;

if the Minister exercises the power in relation to the non-citizen but the exercise does not result in the non-citizen being able to make a visa application—the end of the day that the Minister exercises the power.

in a case where, as a consequence of the exercise of the Ministerial intervention power, the unlawful non-citizen may make a visa application within a specified period—the last day of the period in which the non-citizen could make the visa application;

in any other case where, as a consequence of the exercise of the power, the non-citizen may make a visa application—whichever of the following days occurs first:

the last day of the period determined by the Minister in which the non-citizen could make the visa application;

the day that is 3 months after the Minister exercises the power.

prevents the removal of an unlawful non-citizen during the period covered by subsection (6); but

does not prevent any other action being taken, or thing being done, during that period to facilitate or otherwise prepare for the eventual removal of the non-citizen after the period ends.

an officer’s duty to take, as soon as reasonably practicable, an unauthorised maritime arrival from Australia to a regional processing country under subsection 198AD(2) arises irrespective of whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the unauthorised maritime arrival; and

the fact that the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unauthorised maritime arrival is irrelevant to whether or not the taking of the unauthorised maritime arrival from Australia to a regional processing country is reasonably practicable for the purposes of subsection 198AD(2).

the unauthorised maritime arrival; or

an officer of the Department; or

any other person.

before the end of that 6 month period, the unauthorised maritime arrival has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or

the period ends earlier under subsection (7).

the end of the day the Minister decides not to exercise the power in relation to the unauthorised maritime arrival;

the end of the day the Minister decides to stop considering whether to exercise the power in relation to the unauthorised maritime arrival;

if the Minister exercises the power in relation to the unauthorised maritime arrival, and subsection (8) specifies a day—the end of that day;

if the Minister exercises the power in relation to the unauthorised maritime arrival but the exercise does not result in the unauthorised maritime arrival being able to make a visa application—the end of the day that the Minister exercises the power.

in a case where, as a consequence of the exercise of the Ministerial intervention power, the unauthorised maritime arrival may make a visa application within a specified period—the last day of the period in which the unauthorised maritime arrival could make the visa application;

in any other case where, as a consequence of the exercise of the power, the unauthorised maritime arrival may make a visa application—whichever of the following days occurs first:

the last day of the period determined by the Minister in which the unauthorised maritime arrival could make the visa application;

the day that is 3 months after the Minister exercises the power.

prevents an unauthorised maritime arrival being taken from Australia to a regional processing country during the period covered by subsection (6); but

does not prevent any other action being taken, or thing being done, during that period to facilitate or otherwise prepare for the unauthorised maritime arrival being taken from Australia to a regional processing country after the period ends.

determining whether section 200 applies to a non-citizen; or

executing a deportation order in relation to a non-citizen under subsection 206(1);

the non-citizen; or

an officer of the Department; or

any other person.

before the end of that 6 month period, the non-citizen has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or

the period ends earlier under subsection (6).

the end of the day the Minister decides not to exercise the power in relation to the non-citizen;

the end of the day the Minister decides to stop considering whether to exercise the power in relation to the non-citizen;

if the Minister exercises the power in relation to the non-citizen, and subsection (7) specifies a day—the end of that day;

if the Minister exercises the power in relation to the non-citizen but the exercise does not result in the non-citizen being able to make a visa application—the end of the day that the Minister exercises the power.

in a case where, as a consequence of the exercise of the Ministerial intervention power, the non-citizen may make a visa application within a specified period—the last day of the period in which the non-citizen could make the visa application;

in any other case where, as a consequence of the exercise of the power, the non-citizen may make a visa application—whichever of the following days occurs first:

the last day of the period determined by the Minister in which the non-citizen could make the visa application;

the day that is 3 months after the Minister exercises the power.

(a) apart from this subitem, the start day mentioned in subsection 197E(6), 198AHC(6) or 206A(5) of the Migration Act 1958, as inserted by this Schedule, is a day before the day on which this item commences; and

none of the days mentioned in subsections 197E(7) and (8), 198AHC(7) and (8) or 206A(6) and (7) of that Act, as the case requires, are days before the day on which this item commences;

an unlawful non-citizen:

who is required to be removed from Australia under section 198 as soon as reasonably practicable; or

who would be required to be so removed except for the operation of subsection 197E(5); or