A15.1 Immigration officer warrants (26/07/1999)

1. Every immigration officer is issued with a personal warrant of designation.
2. The warrant must be:
   1. in a secure place when not in use; and
   2. only used by the officer to whom it is issued; and
   3. produced in circumstances where production is required by law.

A15.1.1 References to Immigration Act

All references to the Immigration Act within this chapter refer to the Immigration Act 1987, as subsequently amended.

A15.1.5 Warrant of designation

Section 133 of the Immigration Act 1987 provides for the Secretary of Labour to designate persons employed in the Department of Labour as immigration officers by issuing such officers with a warrant of designation.

1. The chief executive of the Department of Labour shall from time to time designate as immigration officers such persons employed in the Department of Labour as the chief executive considers necessary for the purposes of the Act, and every such officer shall be issued with a warrant of designation signed by the chief executive.
2. Every such warrant shall be sufficient evidence of the officer's designation as an immigration officer, but shall not in itself confer any powers on the officer that are not conferred on immigration officers by any of the provisions of the Act
3. Whenever an immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of the officer's duties under the Act, the officer:
   1. shall produce the officer's warrant of designation; and
   2. shall, if called upon to do so, state the provision or provisions of the Act under which the officer is entitled to enter the premises, building, or craft.
4. An immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer) shall also produce the officer's warrant of designation if called upon to do so by any person of whom the officer orally makes any request or requirement or demand under any of the provisions of Parts II to IV of the Act.
5. For the purposes of subsections (c) (i) and (ii) of this section, it shall be sufficient compliance with those subsections if:
   1. in the case of an immigration officer employed in the Customs Department, the officer produces evidence of the officer's appointment as a customs officer; and
   2. in the case of a member of the Police, the member is in uniform or produces his or her badge or other evidence of being a member of the Police.
6. The chief executive of the Department of Labour may at any time revoke a warrant of designation issued under this section.

Effective 26/07/1999