# Rules of natural justice do not apply in relation to third country reception arrangements

> act-s198AHAA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

198AHAA Rules of natural justice do not apply in relation to third
        country reception arrangements

               Entering into third country reception arrangements
          (1) The rules of natural justice do not apply to an exercise of the
              executive power of the Commonwealth to:
                (a) enter into a third country reception arrangement with a
                    foreign country; or
               (b) do anything preparatory to entering into a third country
                    reception arrangement with a foreign country.
               Note:      The following are examples of things that are preparatory to entering
                          into a third country reception arrangement with a foreign country:
                          (a) drafting the arrangement;
                          (b) negotiating and settling the terms of the arrangement with the
                                foreign country;










                          (c) providing information to the foreign country about non-citizens
                              who may be transferred to the foreign country under the
                              arrangement (whether or not those non-citizens are of a kind
                              mentioned in subsection 198AAA(1));
                          (d) adopting the arrangement.

               Things done in relation to third country reception arrangements
          (2) The rules of natural justice do not apply to the doing of a thing in
              relation to a third country reception arrangement with a foreign
              country, including in relation to the third country reception
              functions of a foreign country.
               Note:      The following are examples of things done in relation to a third
                          country reception arrangement with a foreign country or the third
                          country reception functions of a foreign country:
                          (a) the things mentioned in subsection 198AHB(2);
                          (b) an officer of the Department applying for a non-citizen to be
                               granted permission by a foreign country to enter and remain in
                               that country for the purposes of section 76AAA.

          (3) For the purposes of subsection (2), it does not matter whether:
               (a) the Commonwealth does the thing by exercising its executive
                    power; or
               (b) any of the following do the thing by exercising statutory
                    power under a provision of this Act:
                      (i) the Commonwealth;
                     (ii) the Minister, or a delegate of the Minister;
                    (iii) an officer of the Department.
          (4) In this section:
               third country reception arrangement has the meaning given by
               section 198AHB.
               third country reception functions has the meaning given by
               subsection 198AHB(5).