# Minister may make arrival control determinations

> act-s84B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

84B Minister may make arrival control determinations
          (1) The Minister may, by legislative instrument, make a determination
              (an arrival control determination) specifying that section 84E
              (suspension of temporary visas held by non-citizens) applies, either
              generally or in specified circumstances, to one or more specified
              classes of non-citizens.
               Note:      Section 84F requires the Minister to cause a copy of an arrival control
                          determination to be tabled in each House of the Parliament within 2
                          sitting days of that House after making the determination.

          (2) Before making an arrival control determination, the Minister must
              be reasonably satisfied that:
               (a) an event or circumstance has occurred, or is occurring,
                    outside Australia; and
               (b) one or both of the following apply:
                      (i) having regard to the event or circumstance, non-citizens
                          of a kind to whom the determination is to apply may, if
                          they enter Australia on a temporary visa, remain in
                          Australia after the visa ceases to be in effect;
                     (ii) if the event or circumstance had occurred, or had been
                          occurring, at the time non-citizens of a kind to whom
                          the determination is to apply were to make an
                          application for a temporary visa, the visa may not have
                          been granted; and









                  (c) having regard to the object of this Subdivision, it is in the
                      national interest to make the determination.
          (3) Before making an arrival control determination, the Minister must
              obtain agreement in writing to the making of the determination
              from:
                (a) the Prime Minister; and
                (b) the Minister administering the Diplomatic Privileges and
                    Immunities Act 1967.
          (4) The Minister may, by legislative instrument, revoke an arrival
              control determination made under subsection (1).

               When arrival control determination is in force
          (5) An arrival control determination must specify the period for which
              the determination is in force, which must not be longer than the
              period that the Minister considers appropriate in all the
              circumstances.
               Note:      Under subsection (6), an arrival control determination cannot be in
                          force longer than the period of 6 months beginning on the day after
                          the day the determination commences.

          (6) An arrival control determination is repealed at the earlier of the
              following times (unless revoked earlier under subsection (4)):
                (a) the end of the period specified for the purposes of
                    subsection (5);
                (b) the end of the period of 6 months beginning on the day after
                    the day the determination commences.

               Personal power etc.
          (7) The power under subsection (1) or (4) may only be exercised by
              the Minister personally.
          (8) The rules of natural justice do not apply to an exercise of power
              under subsection (1) or (4).
          (9) Subsection 33(3) of the Acts Interpretation Act 1901 does not
              apply to the power under subsection (1) of this section.








               Note:        An arrival control determination may not be varied or amended, but
                            may be revoked under subsection (4) of this section.

         (10) Nothing in this Act prevents the Minister from exercising the
              power in subsection (1) more than once in relation to:
               (a) the same event or circumstance; or
               (b) the same class of non-citizens.
         (11) An arrival control determination may make different provision
              with respect to different classes of non-citizens.
         (12) The Minister must ensure only one arrival control determination is
              in force in relation to a particular class of non-citizens at any one
              time.
         (13) Section 42 (disallowance) of the Legislation Act 2003 does not
              apply to:
                (a) an arrival control determination made under subsection (1);
                    or
               (b) a revocation of an arrival control determination under
                    subsection (4).