# Minister may determine that section 91K does not apply to a non-citizen

> act-s91L — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

91L Minister may determine that section 91K does not apply to a
         non-citizen
          (1) If the Minister thinks that it is in the public interest to do so, the
              Minister may, by written notice given to a particular non-citizen,
              determine that section 91K does not apply to an application for a
              visa made by the non-citizen in the period starting when the notice
              is given and ending at the end of the seventh working day after the
              day that the notice is given.
          (2) The power under subsection (1) may only be exercised by the
              Minister personally.
          (3) If the Minister makes a determination under subsection (1), he or
              she is to cause to be laid before each House of the Parliament a
              statement that:
                (a) sets out the determination; and
                (b) sets out the reasons for the determination, referring in
                     particular to the Minister’s reasons for thinking that his or her
                     actions are in the public interest.
          (4) A statement under subsection (3) is not to include:
               (a) the name of the non-citizen; or
               (b) any information that may identify the non-citizen; or
               (c) if the Minister thinks that it would not be in the public
                    interest to publish the name of another person connected in
                    any way with the matter concerned—the name of that other
                    person or any information that may identify that other person.
          (5) A statement under subsection (3) is to be laid before each House of
              the Parliament within 15 sitting days of that House after:
                (a) if the determination is made between 1 January and 30 June
                    (inclusive) in a year—1 July in that year; or
                (b) if the determination is made between 1 July and
                    31 December (inclusive) in a year—1 January in the
                    following year.










          (6) The Minister does not have a duty to consider whether to exercise
              the power under subsection (1) in respect of any non-citizen,
              whether he or she is requested to do so by the non-citizen or by any
              other person, or in any other circumstances.

Subdivision AL—Other provisions about protection visas