# Designation of removal concern country

> act-s199F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

199F Designation of removal concern country
          (1) The Minister may, by legislative instrument, designate a country as
              a removal concern country if the Minister thinks it is in the









               national interest to designate the country to be a removal concern
               country.
          (2) Before the Minister designates a country under subsection (1), the
              Minister must consult with:
               (a) the Prime Minister; and
               (b) the Minister administering the Diplomatic Privileges and
                   Immunities Act 1967.
        (2A) Before the Minister designates a country under subsection (1), the
             Minister must have regard to the matters (if any) prescribed by the
             regulations for the purposes of this subsection.
        (2B) Neither of the following limits, or otherwise affects, the matters the
             Minister may consider for the purposes of deciding under
             subsection (1) whether it is in the national interest to designate a
             country to be a removal concern country:
               (a) the requirement under subsection (2A) that the Minister must
                   have regard to matters (if any) that are prescribed by the
                   regulations for the purposes of that subsection;
              (b) the prescription of particular matters by the regulations for
                   the purposes of subsection (2A).
          (3) If the Minister designates a country under subsection (1), the
              Minister may, by legislative instrument, revoke the designation.

               Personal power etc.
          (4) The powers under subsections (1) and (3) may only be exercised
              by the Minister personally.
          (5) The rules of natural justice do not apply to the exercise of the
              power under subsection (1) or (3).

               Copy of designation etc. to be laid before Parliament
          (6) If the Minister designates a country under subsection (1), the
              Minister must cause to be laid before each House of the
              Parliament:









                 (a) a copy of the designation; and
                 (b) a statement of the Minister’s reasons for thinking it is in the
                     national interest to designate the country to be a removal
                     concern country.
          (7) The Minister must comply with subsection (6) within 2 sitting days
              of each House of the Parliament after the day on which the
              designation is made.
          (8) A failure to comply with subsection (6) or (7) does not affect the
              validity of the designation.

               Automatic repeal
        (8A) Unless revoked earlier, the designation is repealed at the end of 3
             years after the day on which the designation commences.

               Definition
          (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.