What is a 'monitoring warrant' in relation to immigration?

In Plain English

A monitoring warrant is like a permission slip that allows an authorized officer to enter and check premises related to education providers or other locations relevant to visa monitoring. This warrant lets them look for things, examine activities, and inspect documents to ensure everything is above board with visa requirements.

Detailed Explanation

The Migration Act 1958 outlines the specifics of monitoring warrants in relation to visa monitoring. Here's a breakdown:

  • Purpose: Authorised officers can enter premises to check if education providers are complying with visa regulations, as stated in section 268CA. This includes places where courses are provided or where relevant items or activities related to visa monitoring might be found.
  • Entry Requirements: An authorised officer can only enter premises if the occupier consents (after being informed they can refuse) or if they have a monitoring warrant (section 268CA).
  • Obtaining a Warrant: An authorised officer can apply to a magistrate or ART member for a monitoring warrant (section 268CD). The magistrate or ART member can issue a warrant if they believe it's reasonably necessary for the officer to access the premises for visa monitoring purposes (section 268CE). They may require more information before issuing the warrant (section 268CF).

  • Contents of the Warrant: A monitoring warrant must include specific details, such as (section 268CG):

    • Authorisation for officers to enter the premises and exercise powers under section 268CI.
    • Whether entry is allowed at any time or during specific hours.
    • The date and time the warrant expires (no later than 7 days after issuance).
    • The purpose for which the warrant is issued.
    • A statement that the warrant is issued under section 268CE.

    • Powers Under the Warrant: Authorised officers with a monitoring warrant have various powers, including (section 268CI):

    • Searching the premises and receptacles for things belonging to the education provider that are relevant to visa monitoring.

    • Examining activities conducted on the premises.
    • Taking photos, videos, audio recordings, or sketches.
    • Inspecting and copying documents.
    • Bringing necessary equipment onto the premises.
    • Operating equipment on the premises to access information.
    • Securing items that might be evidence of an offence.
    • Use of Force: Authorised officers can use reasonable force and assistance when entering premises under a monitoring warrant and exercising their powers (section 268CH).
    • Announcement and Copy of Warrant: Before entering, the officer must announce their authority and give anyone present a chance to allow entry (section 268CW). If the occupier is present, they must be given a copy of the warrant (section 268CX).
    • Occupier's Rights: The occupier is entitled to observe the execution of the warrant unless they impede it (section 268CZ) and the occupier must provide reasonable assistance to the authorised officer (section 268CW).
    • Compensation: The Commonwealth may be liable to pay compensation for damage to electronic equipment or data caused by insufficient care during the execution of the warrant (section 268CY).

The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 also contains provisions for monitoring warrants, but these relate to compliance with that Act, not immigration matters. The Customs Act 1901 also provides for monitoring warrants relating to customs laws.