This page contains information about Australian immigration law sourced from official government legislation. It is provided for informational purposes only and does not constitute immigration advice. For advice specific to your circumstances, consult a registered migration agent (MARN).

Some content on this page was compiled with AI assistance. While based on official sources, it may contain inaccuracies — always verify against the source document linked on this page.

Section 249 — Certain persons may be prevented from entering or landing

Migration Act 1958 s 249 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

(1) An officer may:

(a) prevent a person whom the officer reasonably suspects to be an unlawful non-citizen from leaving a vessel on which the person arrived in Australia; or

(b) prevent a removee or deportee from leaving a vessel on which he or she has been placed; and may take such action and use such force as are necessary for that purpose.

(1AA) An officer may prevent a person from leaving a vessel on which the person arrived in Australia if the officer reasonably suspects that the person:

(a) is seeking to enter the migration zone; and

(b) would, if in the migration zone, be an unlawful non-citizen. Migration Act 1958 501 Part 2 Arrival, presence and departure of persons Division 13 Examination, search, detention and identification

(1A) To avoid doubt, and without limiting the generality of subsections (1) and (1AA), if a person of a kind referred to in paragraph (1)(a) or subsection (1AA) is on board a vessel (other than an aircraft), the actions that may be taken by an officer under subsections (1) and (1AA) include:

(a) requiring the vessel to travel to a port; and

(b) requiring the person to remain on the vessel until it arrives at the port.

(2) The master of a vessel may, in relation to persons on board the vessel, do all things which an officer is, under subsections (1) and (1AA), authorized to do.

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

© 2026 IMMI.TV PTY LTD (ABN 61 685 250 784) — Privacy · Terms · About Last reviewed: 2026-05-23