# Regional processing country

> act-s198AB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

198AB Regional processing country
          (1) The Minister may, by legislative instrument, designate that a
              country is a regional processing country.
        (1A) A legislative instrument under subsection (1):
              (a) may designate only one country; and
              (b) must not provide that the designation ceases to have effect.










        (1B) Despite subsection 12(1) of the Legislation Act 2003, a legislative
             instrument under subsection (1) of this section commences at the
             earlier of the following times:
               (a) immediately after both Houses of the Parliament have passed
                   a resolution approving the designation;
               (b) immediately after both of the following apply:
                     (i) a copy of the designation has been laid before each
                         House of the Parliament under section 198AC;
                    (ii) 5 sitting days of each House have passed since the copy
                         was laid before that House without it passing a
                         resolution disapproving the designation.
          (2) The only condition for the exercise of the power under
              subsection (1) is that the Minister thinks that it is in the national
              interest to designate the country to be a regional processing
              country.
          (3) In considering the national interest for the purposes of
              subsection (2), the Minister:
                (a) must have regard to whether or not the country has given
                    Australia any assurances to the effect that:
                      (i) the country will not expel or return a person taken to the
                          country under section 198AD to another country where
                          his or her life or freedom would be threatened on
                          account of his or her race, religion, nationality,
                          membership of a particular social group or political
                          opinion; and
                     (ii) the country will make an assessment, or permit an
                          assessment to be made, of whether or not a person taken
                          to the country under that section is covered by the
                          definition of refugee in Article 1A of the Refugees
                          Convention as amended by the Refugees Protocol; and
                (b) may have regard to any other matter which, in the opinion of
                    the Minister, relates to the national interest.
          (4) The assurances referred to in paragraph (3)(a) need not be legally
              binding.









          (5) The power under subsection (1) may only be exercised by the
              Minister personally.
          (6) If the Minister designates a country under subsection (1), the
              Minister may, by legislative instrument, revoke the designation.
          (7) The rules of natural justice do not apply to the exercise of the
              power under subsection (1) or (6).
          (9) In this section, country includes:
                (a) a colony, overseas territory or protectorate of a foreign
                    country; and
                (b) an overseas territory for the international relations of which a
                    foreign country is responsible.