Clause 4

The Minister may, by notice in writing, require the owner or occupier of any premises within which an authorised area is or is to be located (referred to in this section as the relevant owner or occupier), but not the Government —

to provide and maintain in the authorised area, at the relevant owner’s or occupier’s cost, such facilities and resources as the Minister considers necessary for the proper, secure and efficient functioning of the authorised area, including providing such facilities to the immigration officers whose duties require their presence within or at the perimeter of the authorised area; or

to permit the establishment of immigration offices within the authorised area.(2) The Minister may give to the relevant owner or occupier such written directions as may be necessary —

to ensure compliance with the provisions of this Act and the regulations; or

for the proper, secure and efficient functioning of the authorised area.(3) The relevant owner or occupier shall comply with the written notice or direction served or given to him or it under subsection (1) or (2).(4) Any relevant owner or occupier who or which fails to comply with subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine of not less than $100,000 and not more than $200,000 and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part thereof during which the offence continues after conviction.(5) Where a body corporate is guilty of an offence under subsection (4) and that offence is proved to have been committed with the authority, consent or connivance of any director, manager, secretary or other similar officer of the body corporate or of any person purporting to act in any such capacity, he, as well as the body corporate, shall each be guilty of that offence and shall each be liable to be proceeded against and punished accordingly.(6) In this section, “owner” means any person who has an estate or interest in the premises and whose permission to enter the premises is needed by another before that other may enter the premises.”.