# Identifying information that may be indefinitely retained

> act-s336L — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

336L Identifying information that may be indefinitely retained
          (1) Identifying information may be indefinitely retained if the
              non-citizen to whom it relates:
                (a) is, or has ever been, in immigration detention; or
                (b) has ever had an application for a visa refused, or has ever had
                     a visa cancelled; or
                (c) has ever:
                       (i) entered Australia on a temporary visa; and
                      (ii) since its expiry, remained in Australia as an unlawful
                           non-citizen; or
                (d) has ever been convicted of an offence against this Act or the
                     regulations; or
                (e) has ever been subject to action taken under this Act or the
                     regulations for the purpose of:
                       (i) deporting the non-citizen; or
                      (ii) removing the non-citizen from Australia; or
                 (f) is a person in respect of whom the Minister has issued a
                     conclusive certificate under subsection (4).
          (2) Paragraph (1)(a) does not apply in relation to detention that occurs
              only because the non-citizen is, or was, detained for questioning
              detention (see section 192). However, this subsection does not
              apply if the detention leads to detention under section 189 because
              of the application of subsection 190(2).
          (3) Paragraph (1)(b) does not apply if the decision to refuse the
              application for the visa, or to cancel the visa, was set aside on a
              review.
          (4) The Minister may issue a conclusive certificate in respect of a
              non-citizen if the Minister is satisfied that:








                 (a) the non-citizen is a threat to the security of the
                     Commonwealth or of a State or Territory; or
                 (b) it is in the public interest to do so.
          (5) The power under subsection (4) may only be exercised by the
              Minister personally.










Part 5—Reviewable migration decisions and
       reviewable protection decisions
Division 1—Preliminary