# Ministerial determination that section 198AD does not apply

> act-s198AE — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

198AE Ministerial determination that section 198AD does not apply
          (1) If the Minister thinks that it is in the public interest to do so, the
              Minister may, in writing, determine that section 198AD does not
              apply to an unauthorised maritime arrival.








               Note:      For specification by class, see the Acts Interpretation Act 1901.

        (1A) The Minister may, in writing, vary or revoke a determination made
             under subsection (1) if the Minister thinks that it is in the public
             interest to do so.
          (2) The power under subsection (1) or (1A) may only be exercised by
              the Minister personally.
          (3) The rules of natural justice do not apply to an exercise of the power
              under subsection (1) or (1A).
          (4) If the Minister makes a determination under subsection (1) or
              varies or revokes a determination under subsection (1A), the
              Minister must cause to be laid before each House of the Parliament
              a statement that:
                (a) sets out the determination, the determination as varied or the
                     instrument of revocation; and
                (b) sets out the reasons for the determination, variation or
                     revocation, referring in particular to the Minister’s reasons
                     for thinking that the Minister’s actions are in the public
                     interest.
          (5) A statement under subsection (4) must not include:
               (a) the name of the unauthorised maritime arrival; or
               (b) any information that may identify the unauthorised maritime
                    arrival; or
               (c) if the Minister thinks that it would not be in the public
                    interest to publish the name of another person connected in
                    any way with the matter concerned—the name of that other
                    person or any information that may identify that other person.
          (6) A statement under subsection (4) must be laid before each House
              of the Parliament within 15 sitting days of that House after:
                (a) if the determination is made, varied or revoked between
                    1 January and 30 June (inclusive) in a year—1 July in that
                    year; or










                 (b) if the determination is made, varied or revoked between
                     1 July and 31 December (inclusive) in a year—1 January in
                     the following year.
          (7) The Minister does not have a duty to consider whether to exercise
              the power under subsection (1) or (1A) in respect of any
              unauthorised maritime arrival, whether the Minister is requested to
              do so by the unauthorised maritime arrival or by any other person,
              or in any other circumstances.
          (8) An instrument under subsection (1) or (1A) is not a legislative
              instrument.