# Deportation of non-citizens who are convicted of certain serious offences

> act-s203 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

203 Deportation of non-citizens who are convicted of certain serious
         offences
          (1) Where:
               (a) a person who is a non-citizen has, either before or after the
                   commencement of this subsection, been convicted in
                   Australia of an offence;
               (b) at the time of the commission of the offence the person was
                   not an Australian citizen; and
               (c) the offence is:










                      (ia) an offence against Division 80 or 82 of the Criminal
                            Code; or
                      (ib) an offence against section 83.1 (advocating mutiny) or
                            83.2 (assisting prisoners of war to escape) of the
                            Criminal Code; or
                       (ii) an offence against section 6 of the Crimes Act 1914 that
                            relates to an offence mentioned in subparagraph (ia) or
                            (ib) of this paragraph; or
                     (iia) an offence against section 11.1 or 11.5 of the Criminal
                            Code that relates to an offence mentioned in
                            subparagraph (ia) or (ib) of this paragraph; or
                     (iii) an offence against a law of a State or of any internal or
                            external Territory that is a prescribed offence for the
                            purposes of this subparagraph;
               then, subject to this section, section 200 applies to the non-citizen.
          (2) Section 200 does not apply to a non-citizen because of this section
              unless the Minister has first served on the non-citizen a notice
              informing the non-citizen that he or she proposes to order the
              deportation of the non-citizen, on the ground specified in the
              notice, unless the non-citizen requests, by notice in writing to the
              Minister, within 30 days after receipt by him or her of the
              Minister’s notice, that his or her case be considered by a
              Commissioner appointed for the purposes of this section.
          (3) If a non-citizen on whom a notice is served by the Minister under
              subsection (2) duly requests, in accordance with the notice, that his
              or her case be considered by a Commissioner appointed for the
              purposes of this section, the Minister may, by notice in writing,
              summon the non-citizen to appear before a Commissioner specified
              in the notice at the time and place specified in the notice.
          (4) A Commissioner for the purposes of this section shall be appointed
              by the Governor-General and shall be a person who is or has been
              a Judge of a Federal Court or of the Supreme Court of a State or
              Territory, or a barrister or solicitor of the High Court or of the
              Supreme Court of a State or Territory of not less than 5 years’
              standing.








          (5) The Commissioner shall, after investigation in accordance with
              subsection (6), report to the Minister whether he or she considers
              that the ground specified in the notice under subsection (2) has
              been established.
          (6) The Commissioner shall make a thorough investigation of the
              matter with respect to which he or she is required to report, without
              regard to legal forms, and shall not be bound by any rules of
              evidence but may inform himself or herself on any relevant matter
              in such manner as he or she thinks fit.
          (7) Where a notice has been served on a non-citizen under
              subsection (2), section 200 does not apply to the non-citizen
              because of this section unless:
                (a) the non-citizen does not request, in accordance with the
                    notice, that his or her case be considered by a Commissioner;
               (b) the non-citizen, having been summoned under this section to
                    appear before a Commissioner, fails so to appear at the time
                    and place specified in the summons; or
                (c) a Commissioner reports under this section in relation to the
                    non-citizen that he or she considers that the ground specified
                    in the notice has been established.