Power to take action etc. in relation to third country reception arrangement
act-s198AHB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

198AHB Power to take action etc. in relation to third country
        reception arrangement
          (1) This section applies if the Commonwealth enters into an
              arrangement (third country reception arrangement) with a foreign
              country in relation to the removal of non-citizens from Australia
              and their acceptance, receipt or ongoing presence in the foreign
              country.
               Note:      The rules of natural justice do not apply to entering into a third
                          country reception arrangement with a foreign country, including
                          anything done preparatory to entering into an arrangement: see
                          subsection 198AHAA(1).

          (2) The Commonwealth may do all or any of the following:
               (a) take, or cause to be taken, any action (not including
                   exercising restraint over the liberty of a person) in relation to
                   the third country reception arrangement or the third country
                   reception functions of the foreign country;
               (b) make payments, or cause payments to be made, in relation to
                   the third country reception arrangement or the third country
                   reception functions of the foreign country;
               (c) do anything else that is incidental or conducive to the taking
                   of such action or the making of such payments.
               Note:      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 anything done in relation to the third country
                          reception functions of a foreign country: see subsection 198AHAA(2).

          (3) To avoid doubt, subsection (2) is intended to ensure that the
              Commonwealth has capacity and authority to take action, without
              otherwise affecting the lawfulness of that action.
          (4) Nothing in this section limits:
               (a) any other power or duty under this Act; or
               (b) the executive power of the Commonwealth.
          (5) In this section:
               action includes action in a foreign country.









               arrangement includes an arrangement, agreement, understanding,
               promise or undertaking, whether or not it is legally binding.
               third country reception functions, of a foreign country, means the
               implementation of any law or policy, or the taking of any action,
               by that country (including, if the foreign country so decides,
               exercising restraint over the liberty of a person) in connection with
               the role of that country as a country which has agreed to the
               acceptance, receipt or ongoing presence of persons who are not
               citizens of that country, whether the implementation or the taking
               of action occurs in that country or another country.