Detention of visa holders whose visas liable to cancellation
act-s192 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

192 Detention of visa holders whose visas liable to cancellation
          (1) Subject to subsection (2), if an officer knows or reasonably
              suspects that a non-citizen holds a visa that may be cancelled under
              Subdivision C, D, FA or G of Division 3 or section 501, 501A or
              501BA, the officer may detain the non-citizen.
          (2) An officer must not detain an immigration cleared non-citizen
              under subsection (1) unless the officer reasonably suspects that if
              the non-citizen is not detained, the non-citizen would:
                (a) attempt to evade the officer and other officers; or
                (b) otherwise not co-operate with officers in their inquiries about
                    the non-citizen’s visa and matters relating to the visa.
          (3) An officer may question a non-citizen detained because of this
              section about the visa and matters relevant to the visa.
          (4) A non-citizen detained under subsection (1) must be released from
              questioning detention if the officer becomes aware that the
              non-citizen’s visa is not one that may be cancelled under
              Subdivision C, D, FA or G of Division 3 or section 501, 501A or
              501BA.
          (5) A non-citizen detained under subsection (1) must be released from
              detention within 4 hours after being detained, unless the
              non-citizen is detained under section 189 because of
              subsection 190(2).
          (6) If the non-citizen has been detained because of subsection (1) more
              than once in any period of 48 hours, the 4 hours provided for by









               subsection (5) is reduced by so much of the earlier period of
               detention as occurred within that 48 hours.
          (7) In finding out whether 4 hours have passed since a non-citizen was
              detained, the following times are to be disregarded:
                (a) if the detainee is detained at a place that is inappropriate for
                     questioning the detainee, the time that is reasonably required
                     to take the detainee from that place to the nearest place that is
                     appropriate;
                (b) any time during which the questioning is suspended or
                     delayed to allow the detainee, or someone else on the
                     detainee’s behalf, to communicate with a legal practitioner,
                     friend, relative, guardian, interpreter or consular
                     representative of the country of which the detainee is a
                     citizen;
                (c) any time during which the questioning is suspended or
                     delayed to allow a person so communicated with or an
                     interpreter required by an officer to arrive at the place where
                     the questioning is to take place;
                (d) any time during which the questioning is suspended or
                     delayed to allow the detainee to receive medical attention;
                (e) any time during which the questioning is suspended or
                     delayed because of the detainee’s intoxication;
                 (f) any reasonable time during which the questioning is
                     suspended or delayed to allow the detainee to rest or
                     recuperate.
               Note:      Section 5G may be relevant for determining relationships for the
                          purposes of paragraph (7)(b).

          (8) In paragraph (7)(b), guardian includes a person who is
              responsible, under a parenting order (within the meaning of the
              Family Law Act 1975), for the detainee’s long-term care, welfare
              and development.