Section 499 — Directions by Minister
Text of provision
(1) The Minister may give written directions to a person or body having functions or powers under this Act if the directions are about:
(a) the performance of those functions; or
(b) the exercise of those powers.
(1A) For example, a direction under subsection (1) could require a person or body to exercise the power under section 501 instead of the power under section 200 (as it applies because of section 201) in circumstances where both powers apply.
(2) Subsection (1) does not empower the Minister to give directions that would be inconsistent with this Act or the regulations.
(2A) A person or body must comply with a direction under subsection (1).
(3) The Minister shall cause a copy of any direction given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after that direction was given.
(4) Subsection (1) does not limit subsection 496(1A).
Plain English
Section 499 allows the Minister to issue written directions to officers, requiring them to exercise a power or comply with requirements in a particular way. Officers must comply with a direction made under s 499.
Directions under s 499 must be made by legislative instrument (published on the Federal Register of Legislation). They are known as "Ministerial Directions" and are numbered — for example, Direction No. 99 (character and visa cancellation decision-making) and Direction No. 107 (prioritisation of visa applications).
Practical effect
Ministerial Directions under s 499 are a significant source of immigration policy that sits alongside the Act and Regulations. They guide decision-making on matters including: the order in which visa applications are processed, how character decisions are made, how student visa compliance assessments are conducted, and how partner visa applications are assessed.
While officers must follow Direction, the Direction cannot override a statutory requirement. If a Direction purports to require an officer to make a decision that the Act does not authorise, the Act prevails. Directions are public documents and can be used in submissions to officers and tribunals.