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This is a Bill, not an Act. For current law, see the Acts databases.
DETERRING PEOPLE SMUGGLING BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Deterring People Smuggling Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to clarify the law relating to
people smuggling, and for related purposes
i Deterring People Smuggling Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Migration Act 1958
3
Deterring People Smuggling Bill 2011 No. , 2011 1
A Bill for an Act to clarify the law relating to
1
people smuggling, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Deterring People Smuggling Act
5
2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Deterring People Smuggling Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
Immediately after the commencement of
item 51 of Schedule 1 to the Border
Protection Legislation Amendment Act 1999.
16 December
1999
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Deterring People Smuggling Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 After section 228A
4
Insert:
5
228B Circumstances in which a non-citizen has no lawful right to
6
come to Australia
7
(1) For the purposes of this Subdivision, a non-citizen has, at a
8
particular time, no lawful right to come to Australia if, at that time:
9
(a) the non-citizen does not hold a visa that is in effect; and
10
(b) the non-citizen is not covered by an exception referred to in
11
subsection 42(2) or (2A); and
12
(c) the non-citizen is not permitted by regulations under
13
subsection 42(3) to travel to Australia without a visa that is in
14
effect.
15
(2) To avoid doubt, a reference in subsection (1) to a non-citizen
16
includes a reference to a non-citizen seeking protection or asylum
17
(however described), whether or not Australia has, or may have,
18
protection obligations in respect of the non-citizen:
19
(a) under the Refugees Convention as amended by the Refugees
20
Protocol; or
21
(b) for any other reason.
22
2 Application
23
(1)
Section 228B of the Migration Act 1958, as inserted by this Schedule,
24
applies in relation to an offence committed, or alleged to have been
25
committed, on or after the commencement of this Schedule.
26
(2)
Section 228B of the Migration Act 1958, as inserted by this Schedule,
27
applies to:
28
(a) proceedings (whether original or appellate) commenced on or
29
after the day on which this Act receives the Royal Assent;
30
and
31
(b) proceedings (whether original or appellate) commenced
32
before the day on which this Act receives the Royal Assent,
33
Schedule 1 Amendments
4 Deterring People Smuggling Bill 2011 No. , 2011
being proceedings that had not been finally determined as at
1
that day.
2