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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Amendment (Duration of Detention) Bill
2003
No. ,
2003
(Immigration and Multicultural and Indigenous
Affairs)
A Bill for an Act to amend the
Migration Act 1958, and for related purposes
Contents
Migration Act
1958 3
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Amendment (Duration of
Detention) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 |
The day after this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 At the end of
section 196
Add:
(4) Subject to paragraphs (1)(a), (b) and (c), the detention is to
continue unless a court finally determines that:
(a) the detention is unlawful; or
(b) the person detained is not an unlawful non-citizen.
(5) To avoid doubt, subsection (4) applies:
(a) whether or not there is a real likelihood of the person detained being
removed from Australia under section 198 or 199, or deported under
section 200, in the reasonably foreseeable future; and
(b) whether or not a visa decision relating to the person detained is, or
may be, unlawful.
(6) This section has effect despite any other law.
(7) In this section:
visa decision means a decision relating to a visa (including
a decision not to grant the visa, to cancel the visa or not to reinstate the
visa).
Note: The heading to section 196 is altered by omitting
“Period” and substituting
“Duration”.
2 Existing orders unaffected
Subsections 196(4), (5), (6) and (7) of the Migration Act 1958 as
added by item 1 do not affect the validity of any order made by a court
before the commencement of this Schedule.