# Effect of residence determination

> act-s197AC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

197AC Effect of residence determination

               Act and regulations apply as if person were in detention in
               accordance with section 189
          (1) While a residence determination is in force, this Act and the
              regulations apply (subject to subsection (3)) to a person who is
              covered by the determination and who is residing at the place
              specified in the determination as if the person were being kept in
              immigration detention at that place in accordance with section 189.










          (2) If:
                (a) a person covered by a residence determination is temporarily
                    staying at a place other than the place specified in the
                    determination; and
                (b) the person is not breaching any condition specified in the
                    determination by staying there;
              then, for the purposes of subsection (1), the person is taken still to
              be residing at the place specified in the determination.

               Certain provisions do not apply to people covered by residence
               determinations
          (3) Subsection (1):
               (a) does not apply for the purposes of section 197 or 197A, or
                   any of sections 252AA to 252E; and
               (b) does not apply for the purposes of any other provisions of
                   this Act or the regulations that are specified in regulations
                   made for the purposes of this paragraph.

               What constitutes release from immigration detention?
          (4) If:
                (a) a residence determination is in force in relation to a person;
                    and
                (b) a provision of this Act requires the person to be released
                    from immigration detention, or this Act no longer requires or
                    permits the person to be detained;
              then, at the time when paragraph (b) becomes satisfied, the
              residence determination, so far as it covers the person, is revoked
              by force of this subsection and the person is, by that revocation,
              released from immigration detention.
               Note:      Because the residence determination is revoked, the person is no
                          longer subject to the conditions specified in the determination.

          (5) If a person is released from immigration detention by operation of
              subsection (4), the Secretary must, as soon as possible, notify the
              person that he or she has been so released.









               Secretary must ensure section 256 complied with
          (6) The Secretary must ensure that a person covered by a residence
              determination is given forms and facilities as and when required by
              section 256.