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This is a Bill, not an Act. For current law, see the Acts databases.
MIGRATION AMENDMENT (ABOLISHING DETENTION DEBT) BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Amendment (Abolishing
Detention Debt) Bill 2009
No. , 2009
(Immigration and Citizenship)
A Bill for an Act to amend the law relating to
migration, and for other purposes
i Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 3
Schedule 1--Amendme nts
4
Part 1--General amendments
4
Migration Act 1958
4
Part 2--Amendments relating to sponsorship undertakings
8
Migration Act 1958
8
Part 3--Amendments relating to sponsorship obligations
9
Migration Act 1958
9
Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 1
A Bill for an Act to amend the law relating to
1
migration, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Abolishing
5
Detention Debt) Act 2009.
6
2 Commence ment
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 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009
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 on which this Act receives the
Royal Assent.
2. Schedule 1,
Part 1
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
3. Schedule 1,
Part 2
At the same time as the provision(s) covered
by table item 2.
However, if Schedule 1 to the Migration
Legislation Amendment (Worker Protection)
Act 2008 commences at or before that time,
the provision(s) do not commence at all.
4. Schedule 1,
items 30 to 32
The later of:
(a) immediately after the co mmencement of
Schedule 1 to the Migration Legislation
Amendment (Worker Protection) Act
2008; and
(b) the start of the day on which the
provision(s) covered by table item 2
commence.
5. Schedule 1,
item 33
At the same time as the provision(s) covered
by table item 4.
However, if Schedule 1 to the Migration
Legislation Amendment (Worker Protection)
Act 2008 commences after the time the
provision(s) covered by table item 2
commence, the provision(s) do not
commence at all.
Note:
This table relates only to the provisions of this Act as originally
1
passed by both Houses of the Parliament and assented to. It will not be
2
expanded to deal with provisions inserted in this Act after assent.
3
Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 3
(2) Column 3 of the table contains additional information that is not
1
part of this Act. Information in this column may be added to or
2
edited in any published version of this Act.
3
3 Schedule(s)
4
Each Act that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
9
Schedule 1 A mendments
Part 1 General amendments
4 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009
1
Schedule 1
--
Amendments
2
Part 1
--
General amendments
3
Migration Act 1958
4
1 Section 145
5
Before "If", insert "(1)".
6
2 At the end of section 145
7
Add:
8
(2) For the purposes of paragraph (1)(c), the cost of keeping the
9
non-citizen in Australia does not include the cost of immigration
10
detention (if any).
11
3 At the end of section 146
12
Add:
13
(3) For the purposes of paragraph (1)(b), the cost of keeping the
14
non-citizen in Australia does not include the cost of immigration
15
detention (if any).
16
4 Section 147
17
Before "If", insert "(1)".
18
5 At the end of section 147
19
Add:
20
(2) For the purposes of paragraph (1)(c), the cost of keeping the
21
non-citizen in Australia does not include the cost of immigration
22
detention (if any).
23
6 Section 148
24
Before "If", insert "(1)".
25
7 At the end of section 148
26
Add:
27
Amend ments Schedule 1
General amendments Part 1
Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 5
(2) For the purposes of paragraph (1)(c), the cost of keeping the
1
non-citizen in Australia does not include the cost of immigration
2
detention (if any).
3
8 Transitional
--
cessation of arrangements to the extent that
4
they relate to detention debt
5
(1)
An arrangement:
6
(a) referred to in paragraph 145(c), 146(1)(b), 147(c) or 148(c)
7
of the Migration Act 1958; and
8
(b) that existed immediately before the commencement of this
9
Part;
10
ceases to have effect on that commencement to the extent that it was an
11
arrangement to pay the Commonwealth an amount relating to the cost
12
of a person's immigration detention.
13
(2)
This item does not affect the validity of a certificate given under
14
section 145, 146, 147 or 148 of that Act.
15
9 Subsection 151(3)
16
Omit ", accommodation or immigration detention", substitute "or
17
accommodation (other than immigration detention)".
18
10 Division 10 of Part 2 (heading)
19
Repeal the heading, substitute:
20
Division 10--Costs etc. of removal and deportation
21
11 Section 207 (definition of costs)
22
Repeal the definition, substitute:
23
costs means the fares and other costs to the Commonwealth of
24
transporting:
25
(a) a non-citizen; and
26
(b) a custodian of the non-citizen;
27
from Australia to the place outside Australia to which the
28
non-citizen is removed or deported.
29
12 Section 207 (definition of daily maintenance amount)
30
Repeal the definition.
31
Schedule 1 A mendments
Part 1 General amendments
6 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009
13 Sections 208, 209 and 211
1
Repeal the sections.
2
14 Subsection 213(1)
3
Omit all the words after "the carriers", substitute "of the non-citizen to
4
pay the costs of the non-citizen's removal, or deportation, from
5
Australia should that happen.".
6
Note:
The heading to section 213 is altered by omitting "detention,".
7
15 Section 214
8
Omit "detention,".
9
16 Paragraphs 222(1)(a) and (b)
10
Omit "209, 210, 211", substitute "210".
11
17 Paragraphs 223(2)(b) and (c)
12
Omit "209, 210, 211", substitute "210".
13
18 Paragraphs 223(10)(b) and (c)
14
Omit "209, 210, 211", substitute "210".
15
19 Paragraphs 224(3)(c) and (d)
16
Omit "209, 210, 211", substitute "210".
17
20 Subsections 224(4) and (5)
18
Omit "209, 210, 211", substitute "210".
19
21 Section 262
20
Before "A", insert "(1)".
21
22 Paragraph 262(c)
22
Omit "a fair amount", substitute "the amount applicable to the person
23
under subsection (2)".
24
23 At the end of section 262
25
Add:
26
Amend ments Schedule 1
General amendments Part 1
Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 7
(2) The Minister may, by legislative instrument, determine a daily
1
amount for the keeping and maintaining of a person in immigration
2
detention at a specified place in a specified period.
3
(3) An amount determined under subsection (2) is to be no more than
4
the cost to the Commonwealth of detaining a person at that place in
5
that period.
6
24 Subsection 474(4) (table item 1)
7
Omit "detention,".
8
25 Extinguishment of outstanding detention debts
9
(1)
An immigration detention liability that existed under one or more of the
10
following immediately before the commencement of this Part:
11
(a) section 209, 211, 262 or 264, or subsection 151(3) or 213(3),
12
of the Migration Act 1958;
13
(b) an undertaking or obligation prescribed by regulations made
14
for the purposes of subsection 140H(1) of that Act;
15
(c) an arrangement referred to in paragraph 145(c), 146(1)(b),
16
147(c) or 148(c) of that Act;
17
(d) any other instrument;
18
ceases on the commencement of this Part.
19
(2)
In this item:
20
immigration detention liability means a liability to the extent that it was
21
a liability to pay the Commonwealth an amount relating to the cost of:
22
(a) a person's immigration detention; or
23
(b) a non-citizen's detention under the Migration Act 1958.
24
Note 1: The liability ceases to be recoverable as a debt.
25
Note 2: The liability ceases even if the Commonwealth had previously written it off.
26
Note 3: This item does not apply to a liability to the extent that a person had already discharged
27
it.
28
Note 4: This item does not cease a person's liability, under section 262 of that Act, to pay the
29
costs of immigration detention for detention happening after the commencement of this
30
Part.
31
32
Schedule 1 A mendments
Part 2 A mend ments relating to sponsorship undertakings
8 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009
1
Part 2
--
Amendments relating to sponsorship
2
undertakings
3
Migration Act 1958
4
Note:
This Part does not commence if Schedule 1 to the Migration Legislation Amendment
5
(Worker Protection) Act 2008 commences before (or at the same time as) Part 1 to this
6
Schedule. If that happens, the corresponding amendments in Part 3 commence instead.
7
26 Subsection 140H(1) (paragraph (b) of the note)
8
Omit ", detaining".
9
27 At the end of section 140H
10
Add:
11
(5) Regulations made for the purposes of subsection (1) cannot
12
prescribe an undertaking to pay the cost of a person's immigration
13
detention.
14
28 Subsection 140I(4)
15
Omit "and detaining".
16
29 Transitional
--
cessation of undertakings to the extent that
17
they relate to detention debt
18
An undertaking:
19
(a) prescribed by regulations made for the purposes of
20
subsection 140H(1) of the Migration Act 1958; and
21
(b) that existed immediately before the commencement of this
22
Part;
23
ceases to have effect on that commencement to the extent that it was an
24
undertaking to pay the Commonwealth an amount relating to the cost of
25
a person's immigration detention.
26
27
Amend ments Schedule 1
Amend ments relating to sponsorship obligations Part 3
Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 9
1
Part 3
--
Amendments relating to sponsorship
2
obligations
3
Migration Act 1958
4
30 Subsection 140H(1) (paragraph (b) of the note)
5
Omit ", detaining".
6
31 At the end of section 140H
7
Add:
8
(7) The regulations cannot prescribe, as a sponsorship obligation, an
9
obligation to pay the Commonwealth an amount relating to the cost
10
of a person's immigration detention.
11
32 Subsection 140J(1) (example)
12
Omit "and detaining".
13
33 Transitional
--
cessation of undertakings to the extent that
14
they relate to detention debt
15
An undertaking:
16
(a) prescribed by regulations made for the purposes of
17
subsection 140H(1) of the Migration Act 1958; and
18
(b) that continued to have effect on the commencement of
19
Schedule 1 to the Migration Legislation Amendment (Worker
20
Protection) Act 2008 because of Part 2 of that Schedule; and
21
(c) that existed immediately before the commencement of this
22
Part;
23
ceases to have effect on the commencement of this Part to the extent
24
that it was an undertaking to pay the Commonwealth an amount relating
25
to the cost of a person's immigration detention.
26
Note:
This item does not commence if Schedule 1 to the Migration Legislation Amendment
27
(Worker Protection) Act 2008 commences after Part 1 to this Schedule. If that happens,
28
any sponsorship undertakings to pay the costs of immigration detention will have
29
already ceased because of Part 2 of this Schedule.
30