Section 5 — Interpretation

(1) In this Act, unless the contrary intention appears: absorbed person visa has the meaning given by section 34. adjacent area means an adjacent area in respect of a State, of the Northern Territory, of Norfolk Island, of the Territory of Ashmore and Cartier Islands, of the Territory of Cocos (Keeling) Islands or of the Territory of Christmas Island, as determined in accordance with section 5 of the Sea Installations Act. adoption has the same meaning as in the regulations. allowed inhabitant of the Protected Zone means an inhabitant of the Protected Zone, other than an inhabitant to whom a declaration under section 16 (presence declared undesirable) applies. applicable pass mark, in relation to a visa of a particular class, means the number of points specified as the pass mark for that class in a notice, under section 96, in force at the time concerned. applicable pool mark, in relation to a visa of a particular class, means the number of points specified as the pool mark for that class in a notice under section 96 in force at the time concerned. application to be reviewed on the papers: see subsections 367C(2) and (3). appointed inspector has the meaning given by section 140V. approved family sponsor means a person:

(a) who has been approved under section 140E as a family sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and

(b) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class. Migration Act 1958 5 Part 1 Preliminary approved form, when used in a provision of this Act, means a form approved by the Minister in writing for the purposes of that provision. approved sponsor means:

(a) an approved family sponsor; or

(b) an approved work sponsor. approved work sponsor means:

(a) a person:

(i) who has been approved under section 140E as a work sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and

(ii) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class; or

(b) a person (other than a Minister) who is a party to a work agreement.

Note: A partnership or an unincorporated association may be an approved work sponsor: see subsections 140ZB(1) and 140ZE(1) respectively. area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (8). arrival control determination has the meaning given by section 84B. ART means the Administrative Review Tribunal. ART Act means the Administrative Review Tribunal Act 2024. ART Act migration decision: see section 474A. ART member means a member of the ART. ART practice directions means practice directions made under section 36 of the ART Act. ART Principal Registrar means the Principal Registrar within the meaning of the ART Act. ASIO means the Australian Security Intelligence Organisation. ASIO Act means the Australian Security Intelligence Organisation Act 1979. assessed score, in relation to an applicant for a visa, means the total number of points given to the applicant in an assessment under section 93. assessment, in relation to ASIO, has the same meaning as in subsection 35(1) of the ASIO Act. association: a person has an association, for the purposes of subsections 5C(1A), 500A(1A) and 501(6A), with an organisation if the person meets or communicates with the organisation.

Note: The association may consist of a single meeting or communication. Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015. Australian passport means a passport issued under the Australian Passports Act 2005. Australian resources installation means a resources installation that is deemed to be part of Australia because of the operation of section 8. Australian seabed means so much of the seabed adjacent to Australia as is:

(a) within the area comprising:

(i) the areas described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

(ii) the Coral Sea area; and

(b) part of:

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or Migration Act 1958 7 Part 1 Preliminary

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory. Australian sea installation means a sea installation that is deemed to be part of Australia because of the operation of section 9. Australian waters means:

(a) in relation to a resources installation—waters above the Australian seabed; and

(b) in relation to a sea installation—waters comprising all of the adjacent areas and the coastal area. authorised officer, when used in a provision of this Act, means an officer authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision.

Note: Section 5D can affect the meaning of this term for the purposes of carrying out identification tests. authorised system, when used in a provision of this Act, means an automated system authorised in writing by the Minister or the Secretary for the purposes of that provision. behaviour concern non-citizen means a non-citizen who:

(a) has been convicted of a crime and sentenced to death or to imprisonment, for at least one year; or

(b) has been convicted of 2 or more crimes and sentenced to imprisonment, for periods that add up to at least one year if:

(i) any period concurrent with part of a longer period is disregarded; and

(ii) any periods not disregarded that are concurrent with each other are treated as one period; whether or not:

(iii) the crimes were of the same kind; or

(iv) the crimes were committed at the same time; or

(v) the convictions were at the same time; or

(vi) the sentencings were at the same time; or

(vii) the periods were consecutive; or

(c) has been charged with a crime and either:

(i) found guilty of having committed the crime while of unsound mind; or

(ii) acquitted on the ground that the crime was committed while the person was of unsound mind;

(d) has been removed or deported from Australia or removed or deported from another country; or

(e) has been excluded from another country in prescribed circumstances; where sentenced to imprisonment includes ordered to be confined in a corrective institution. bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that:

(a) purports to have been, but was not, issued in respect of the person; or

(b) is counterfeit or has been altered by a person who does not have authority to do so; or

(c) was obtained because of a false or misleading statement, whether or not made knowingly. bridging visa has the meaning given by section 37. brought into physical contact has the same meaning as in the Sea Installations Act. bypass immigration clearance has the meaning given by subsection 172(4). certified printout means a printout certified by an authorised officer to be a printout of information kept in the movement records. character concern has the meaning given by section 5C. child of a person has a meaning affected by section 5CA. civil penalty order has the meaning given by subsection 486R(4). Migration Act 1958 9 Part 1 Preliminary civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units. clearance authority has the meaning given by section 165. clearance officer has the meaning given by section 165. coastal area has the same meaning as in the Customs Act 1901. committee of management of an unincorporated association means a body (however described) that governs, manages or conducts the affairs of the association. Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984.

Note: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is in Australian Treaty Series