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This is a Bill, not an Act. For current law, see the Acts databases.
MIGRATION AMENDMENT (UNAUTHORISED MARITIME ARRIVALS AND OTHER MEASURES) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Unauthorised
Maritime Arrivals and Other Measures)
Bill 2012
No. , 2012
(Immigration and Citizenship)
A Bill for an Act to amend the Migration Act 1958,
and for other purposes
i Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Main amendments
4
Part 1--Amendments
4
Migration Act 1958
4
Part 2--Application and saving provisions
12
Schedule 2--Contingent amendments
14
Migration Act 1958
14
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 1
A Bill for an Act to amend the Migration Act 1958,
1
and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Unauthorised
5
Maritime Arrivals and Other Measures) Act 2012.
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 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
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,
items 1 to 14
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
3. Schedule 1,
items 15 and 16
The day after this Act receives the Royal
Assent.
4. Schedule 1,
items 17 to 62
At the same time as the provision(s) covered
by table item 2.
5. Schedule 2
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 2;
and
(b) immediately after the commencement of
section 69 of the Maritime Powers Act
2012.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
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
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
3
Schedule 1 Main amendments
Part 1 Amendments
4 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Schedule 1--Main amendments
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 4(5)
4
Omit "offshore entry persons", substitute "unauthorised maritime
5
arrivals".
6
2 Subsection 5(1) (note at the end of the definition of excised
7
offshore place)
8
Repeal the note.
9
3 Subsection 5(1) (definition of offshore entry person)
10
Repeal the definition.
11
4 Subsection 5(1) (paragraphs (a) and (aa) of the definition of
12
transitory person)
13
Omit "an offshore entry person", substitute "a person".
14
5 Subsection 5(1) (subparagraph (c)(iii) of the definition of
15
transitory person)
16
Omit "country;", substitute "country.".
17
6 Subsection 5(1) (definition of transitory person)
18
Omit all the words after subparagraph (c)(iii) of the definition.
19
7 Subsection 5(1)
20
Insert:
21
unauthorised maritime arrival has the meaning given by
22
section 5AA.
23
8 After section 5
24
Insert:
25
Main amendments Schedule 1
Amendments Part 1
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 5
5AA Meaning of unauthorised maritime arrival
1
(1) For the purposes of this Act, a person is an unauthorised maritime
2
arrival if:
3
(a) the person entered Australia by sea:
4
(i) at an excised offshore place at any time after the
5
excision time for that place; or
6
(ii) at any other place at any time on or after the
7
commencement of this section; and
8
(b) the person became an unlawful non-citizen because of that
9
entry; and
10
(c) the person is not an excluded maritime arrival.
11
Entered Australia by sea
12
(2)
A
person
entered Australia by sea if:
13
(a) the person entered the migration zone except on an aircraft
14
that landed in the migration zone; or
15
(b) the person entered the migration zone as a result of being
16
found on a ship detained under section 245F and being dealt
17
with under paragraph 245F(9)(a); or
18
(c) the person entered the migration zone after being rescued at
19
sea.
20
Excluded maritime arrival
21
(3) A person is an excluded maritime arrival if the person:
22
(a) is a New Zealand citizen who holds and produces a New
23
Zealand passport that is in force; or
24
(b) is a non-citizen who holds and produces a passport that is in
25
force and is endorsed with an authority to reside indefinitely
26
on Norfolk Island; or
27
(c) is included in a prescribed class of persons.
28
Definitions
29
(4) In this section:
30
aircraft has the same meaning as in section 245A.
31
ship has the meaning given by section 245A.
32
Schedule 1 Main amendments
Part 1 Amendments
6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
9 Subparagraphs 5A(3)(j)(ii) and (iii)
1
Omit "offshore entry person", substitute "unauthorised maritime
2
arrival".
3
10 Section 46A (heading)
4
Repeal the heading, substitute:
5
46A Visa applications by unauthorised maritime arrivals
6
11 Subsections 46A(1) and (2)
7
Omit "offshore entry person", substitute "unauthorised maritime
8
arrival".
9
12 Subsection 46A(2)
10
Omit "the person", substitute "the unauthorised maritime arrival".
11
13 Paragraphs 46A(5)(a) and (b)
12
Omit "offshore entry person", substitute "unauthorised maritime
13
arrival".
14
14 Subsection 46A(7)
15
Omit "offshore entry person" (wherever occurring), substitute
16
"unauthorised maritime arrival".
17
15 Subsection 189(2)
18
Omit "must detain", substitute "may detain".
19
16 Paragraph 189(3A)(a)
20
Repeal the paragraph, substitute:
21
(a) is a citizen of Papua New Guinea; and
22
17 Subsection 198(11)
23
Omit "offshore entry person", substitute "unauthorised maritime
24
arrival".
25
18 Paragraph 198AA(b)
26
Omit "offshore entry persons" (wherever occurring), substitute
27
"unauthorised maritime arrivals".
28
Main amendments Schedule 1
Amendments Part 1
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 7
19 Section 198AD (heading)
1
Repeal the heading, substitute:
2
198AD Taking unauthorised maritime arrivals to a regional
3
processing country
4
20 Subsections 198AD(1) and (2)
5
Omit "offshore entry person", substitute "unauthorised maritime
6
arrival".
7
21 Paragraphs 198AD(3)(a) to (c)
8
Omit "offshore entry person", substitute "unauthorised maritime
9
arrival".
10
22 Subparagraph 198AD(3)(c)(i)
11
Omit "the person", substitute "the unauthorised maritime arrival".
12
23 Subsection 198AD(4)
13
Omit "offshore entry person", substitute "unauthorised maritime
14
arrival".
15
24 Subsection 198AD(4)
16
Omit "the person" (wherever occurring), substitute "the unauthorised
17
maritime arrival".
18
25 Paragraph 198AD(4)(b)
19
Omit "the person's", substitute "the unauthorised maritime arrival's".
20
26 Subsection 198AD(5)
21
Omit "offshore entry person", substitute "unauthorised maritime
22
arrival".
23
27 Subsection 198AD(5)
24
Omit "offshore entry persons", substitute "unauthorised maritime
25
arrivals".
26
28 Subsection 198AD(8)
27
Schedule 1 Main amendments
Part 1 Amendments
8 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Omit "offshore entry person", substitute "unauthorised maritime
1
arrival".
2
29 Subsection 198AD(8)
3
Omit "offshore entry persons", substitute "unauthorised maritime
4
arrivals".
5
30 Subsections 198AD(11) and 198AE(1)
6
Omit "offshore entry person", substitute "unauthorised maritime
7
arrival".
8
31 After subsection 198AE(1)
9
Insert:
10
(1A) The Minister may, in writing, vary or revoke a determination made
11
under subsection (1) if the Minister thinks that it is in the public
12
interest to do so.
13
32 Subsection 198AE(2)
14
After "subsection (1)", insert "or (1A)".
15
33 At the end of subsection 198AE(3)
16
Add "or (1A)".
17
34 Subsection 198AE(4)
18
After "subsection (1)", insert "or varies or revokes a determination
19
under subsection (1A)".
20
35 Paragraph 198AE(4)(a)
21
After "determination", insert ", the determination as varied or the
22
instrument of revocation".
23
36 Paragraph 198AE(4)(b)
24
After "determination", insert ", variation or revocation".
25
37 Paragraphs 198AE(5)(a) and (b)
26
Omit "offshore entry person", substitute "unauthorised maritime
27
arrival".
28
Main amendments Schedule 1
Amendments Part 1
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 9
38 Paragraphs 198AE(6)(a) and (b)
1
After "made", insert ", varied or revoked".
2
39 Subsection 198AE(7)
3
After "subsection (1)", insert "or (1A)".
4
40 Subsection 198AE(7)
5
Omit "offshore entry person" (wherever occurring), substitute
6
"unauthorised maritime arrival".
7
41 Subsection 198AE(8)
8
Omit "A determination under subsection (1)", substitute "An instrument
9
under subsection (1) or (1A)".
10
42 Sections 198AF and 198AG
11
Omit "offshore entry person" (wherever occurring), substitute
12
"unauthorised maritime arrival".
13
43 Section 198AH
14
Before "Section 198AD", insert "(1)".
15
44 Paragraph 198AH(a)
16
Omit "offshore entry person", substitute "unauthorised maritime
17
arrival".
18
45 Paragraph 198AH(c)
19
Omit "achieved); and", substitute "achieved)."
20
46 Paragraphs 198AH(d) and (e)
21
Repeal the paragraphs.
22
47 At the end of section 198AH
23
Add:
24
(2) Subsection (1) of this section applies whether or not the
25
transitory person has been assessed to be covered by the
26
definition of refugee in Article 1A of the Refugees
27
Convention as amended by the Refugees Protocol.
28
48 Sections 198C and 198D
29
Schedule 1 Main amendments
Part 1 Amendments
10 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Repeal the sections.
1
49 Subparagraphs 336F(3)(a)(ii) and (iii) and (4)(a)(ii) and (iii)
2
Omit "offshore entry person", substitute "unauthorised maritime
3
arrival".
4
50 Paragraphs 336F(5)(c) to (cc)
5
Omit "offshore entry person", substitute "unauthorised maritime
6
arrival".
7
51 Section 494AA (heading)
8
Repeal the heading, substitute:
9
494AA Bar on certain legal proceedings relating to unauthorised
10
maritime arrivals
11
52 Paragraph 494AA(1)(a)
12
Omit "offshore entry by an offshore entry person", substitute
13
"unauthorised entry by an unauthorised maritime arrival".
14
53 Paragraphs 494AA(1)(b) and (c)
15
Omit "offshore entry person", substitute "unauthorised maritime
16
arrival".
17
54 Paragraph 494AA(1)(c)
18
Omit "the person", substitute "the unauthorised maritime arrival".
19
55 Paragraph 494AA(1)(e)
20
Omit "offshore entry person", substitute "unauthorised maritime
21
arrival".
22
56 Subsection 494AA(4) (definition of ineligibility period)
23
Omit "offshore", substitute "unauthorised".
24
57 Subsection 494AA(4) (definition of offshore entry)
25
Repeal the definition.
26
58 Subsection 494AA(4)
27
Main amendments Schedule 1
Amendments Part 1
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 11
Insert:
1
unauthorised entry means an entry into Australia that occurs:
2
(a) at an excised offshore place after the excision time for that
3
place; or
4
(b) at any other place on or after the commencement of
5
section 5AA.
6
7
Schedule 1 Main amendments
Part 2 Application and saving provisions
12 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Part 2--Application and saving provisions
1
59 Definitions
2
In this Part:
3
commencement means the commencement of this item.
4
Migration Act means the Migration Act 1958.
5
60 Application provision--subparagraph 5AA(1)(a)(i) of the
6
Migration Act
7
(1)
This item applies to an unauthorised maritime arrival who entered
8
Australia by sea as mentioned in subparagraph 5AA(1)(a)(i) of the
9
Migration Act, as inserted by this Schedule.
10
(2)
The amendments made by items 18 to 47 of this Schedule apply in
11
relation to the unauthorised maritime arrival only if he or she entered
12
Australia by sea as mentioned in that subparagraph on or after
13
13 August 2012.
14
61 Application provision--subsection 198AE(1A) of the
15
Migration Act
16
Subsection 198AE(1A) of the Migration Act, as inserted by this
17
Schedule, applies in relation to a determination under subsection
18
198AE(1) of that Act that is made before or after commencement.
19
62 Saving provision
20
(1)
This item applies to:
21
(a) an authorisation (the access authorisation) under
22
section 336D of the Migration Act; or
23
(b) an authorisation (the disclosure authorisation) under
24
section 336F of the Migration Act;
25
that was in force immediately before commencement.
26
Access authorisation
27
(2)
The access authorisation is taken, after commencement, to authorise
28
access to identifying information relating to unauthorised maritime
29
arrivals to the extent that, immediately before commencement, the
30
authorisation authorised access to identifying information relating to
31
offshore entry persons.
32
Main amendments Schedule 1
Application and saving provisions Part 2
Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 No.
, 2012 13
Disclosure authorisation
1
(3)
The disclosure authorisation is taken, after commencement, to authorise
2
the disclosure of identifying information relating to unauthorised
3
maritime arrivals to the extent that, immediately before commencement,
4
the authorisation authorised the disclosure of identifying information
5
relating to offshore entry persons.
6
References to offshore entry person
7
(4)
Any reference in the access authorisation or disclosure authorisation to
8
an offshore entry person is taken, after commencement, to be a
9
reference to an unauthorised maritime arrival.
10
11
Schedule 2 Contingent amendments
14 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012
No. , 2012
Schedule 2--Contingent amendments
1
2
Migration Act 1958
3
1 Paragraph 5AA(2)(b)
4
After "section 245F", insert "(as in force before the commencement of
5
section 69 of the Maritime Powers Act 2012)".
6
2 Paragraph 5AA(2)(b)
7
After "paragraph 245F(9)(a)", insert "(as in force before that
8
commencement)".
9
3 After paragraph 5AA(2)(b)
10
Insert:
11
(ba) the person entered the migration zone as a result of being on
12
a vessel detained under section 69 of the Maritime Powers
13
Act 2012 and being dealt with under paragraph 72(4)(a) of
14
that Act; or
15
4 Subsection 5AA(4) (at the end of the definition of ship)
16
Add "(as in force before the commencement of section 69 of the
17
Maritime Powers Act 2012)".
18
5 Subsection 5AA(4)
19
Insert:
20
vessel has the same meaning as in the Maritime Powers Act 2012.
21