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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Amendment (Excision from Migration Zone) Bill
2001
No. ,
2001
(Immigration and Multicultural
Affairs)
A Bill for an Act to excise
certain Australian territory from the migration zone under the Migration Act
1958 for purposes related to unauthorised arrivals, and for related
purposes
Contents
A Bill for an Act to excise certain Australian territory
from the migration zone under the Migration Act 1958 for purposes related
to unauthorised arrivals, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Amendment (Excision from
Migration Zone) Act 2001.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
The amendments made by this Act apply to a visa application made after
the excision time for the excised offshore place concerned.
Example: If a person becomes an offshore entry person by
entering Australia at Christmas Island, then the amendments apply to any visa
application made by the person after 2 pm on 8 September 2001 by legal time
in the Australian Capital Territory.
1 Subsection 5(1)
Insert:
excised offshore place means any of the following:
(a) the Territory of Christmas Island;
(b) the Territory of Ashmore and Cartier Islands;
(c) the Territory of Cocos (Keeling) Islands;
(d) any other external Territory that is prescribed by the regulations for
the purposes of this paragraph;
(e) any island that forms part of a State or Territory and is prescribed
for the purposes of this paragraph;
(f) an Australian sea installation;
(g) an Australian resources installation.
Note: The effect of this definition is to excise the listed
places and installations from the migration zone for the purposes of limiting
the ability of offshore entry persons to make valid visa
applications.
2 Subsection 5(1)
Insert:
excision time, for an excised offshore place,
means:
(a) for the Territory of Christmas Island—2 pm on 8 September
2001 by legal time in the Australian Capital Territory; or
(b) for the Territory of Ashmore and Cartier Islands—2 pm on
8 September 2001 by legal time in the Australian Capital Territory;
or
(c) for the Territory of Cocos (Keeling) Islands—12 noon on
17 September 2001 by legal time in the Australian Capital Territory;
or
(d) for any other external Territory that is prescribed by the regulations
for the purposes of the definition of excised offshore
place—the time when the regulations commence; or
(e) for any island that forms part of a State or Territory and is
prescribed by the regulations for the purposes of the definition of
excised offshore place—the time when the regulations
commence; or
(f) for an Australian sea installation—the commencement of the
Migration Amendment (Excision from Migration Zone) Act 2001; or
(g) for an Australian resources installation—the commencement of the
Migration Amendment (Excision from Migration Zone) Act 2001.
3 Subsection 5(1)
Insert:
offshore entry person means a person who:
(a) entered Australia at an excised offshore place after the excision time
for that offshore place; and
(b) became an unlawful non-citizen because of that entry.
4 After section 46
Insert:
(1) An application for a visa is not a valid application if it is made by
an offshore entry person who:
(a) is in Australia; and
(b) is an unlawful non-citizen.
(2) If the Minister thinks that it is in the public interest to do so, the
Minister may, by written notice given to an offshore entry person, determine
that subsection (1) does not apply to an application by the person for a
visa of a class specified in the determination.
(3) The power under subsection (2) may only be exercised by the
Minister personally.
(4) If the Minister makes a determination under subsection (2), the
Minister must cause to be laid before each House of the Parliament a statement
that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to
the Minister’s reasons for thinking that the Minister’s actions are
in the public interest.
(5) A statement under subsection (4) must not include:
(a) the name of the offshore entry person; or
(b) any information that may identify the offshore entry person;
or
(c) if the Minister thinks that it would not be in the public interest to
publish the name of another person connected in any way with the matter
concerned—the name of that other person or any information that may
identify that other person.
(6) A statement under subsection (4) must be laid before each House
of the Parliament within 15 sitting days of that House after:
(a) if the determination is made between 1 January and 30 June
(inclusive) in a year—1 July in that year; or
(b) if the determination is made between 1 July and 31 December
(inclusive) in a year—1 January in the following year.
(7) The Minister does not have a duty to consider whether to exercise the
power under subsection (2) in respect of any offshore entry person whether
the Minister is requested to do so by the offshore entry person or by any other
person, or in any other circumstances.