Section 126 — Application of Subdivision to non-citizen in questioning detention
CurrentPart 2—Arrival, presence and departure of persons · Division 3—Visas for non-citizens · Subdivision E—Procedure for cancelling visas under Subdivision D in or outside Australia · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 126
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 126 — Application of Subdivision to non-citizen in questioning detention
126 Application of Subdivision to non-citizen in questioning detention
(1) If a non-citizen in questioning detention who is not released before the end of the 4 hours for which he or she may be detained is given an invitation under paragraph 119(1)(b) or 120(2)(c), the period within which he or she may respond to the invitation is to end when, or before, those 4 hours end.
(2) If a non-citizen who has been given an invitation under paragraph 119(1)(b) or 120(2)(c) (whether in immigration clearance or otherwise) is taken into questioning detention and not released before the end of the 4 hours for which he or she may be
detained, the period within which he or she is to respond to the invitation is to end when, or before, those 4 hours end.

