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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Mandatory
Reporting) Bill 2015
No. , 2015
(Mr Marles)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2015
Migration Amendment (Mandatory Reporting) Bill 2015
i
Contents
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Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
Schedule 1--Amendme nts
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Migration Act 1958
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No. , 2015
Migration Amendment (Mandatory Reporting) Bill 2015
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
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The Parliament of Australia enacts:
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1 Short title
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This Act may be cited as the Migration Amendment (Mandatory
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Reporting) Act 2015.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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Migration Amendment (Mandatory Reporting) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
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
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this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Amendments Schedule 1
No. , 2015
Migration Amendment (Mandatory Reporting) Bill 2015
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Schedule 1--Amendments
1
2
Migration Act 1958
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1 After Division 14A of Part 2
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Insert:
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Division 14B--Reportable assaults
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268D Mandatory reporting of certain assaults on minors at places of
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detention
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Immigration and Border Protection workers to notify reportable
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assaults
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(1) If an Immigration and Border Protection worker believes on
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reasonable grounds that a minor has suffered or is suffering a
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reportable assault at a place of detention, the worker must give the
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Australian Border Force Commissioner written notice in
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accordance with subsection (2) of:
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(a) the worker's belief; and
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(b) the worker's reasonable grounds for forming the belief.
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Note:
Subsection (8) contains definitions of certain words and expressions
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used in this section.
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(2) The notice must be given as soon as practicable (and in any case
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within 24 hours):
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(a) after forming the belief; and
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(b) after each occasion on which the worker becomes aware of
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any further reasonable grounds for the belief.
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Offence for failing to notify reportable assault
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(3) An Immigration and Border Protection worker commits an offence
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if:
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(a) the worker is subject to a requirement under subsection (1);
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and
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(b) the worker fails to comply with the requirement.
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Schedule 1 Amendments
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Migration Amendment (Mandatory Reporting) Bill 2015
No. , 2015
Penalty: 60 penalty units.
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(4) Subsection (3) does not apply if the worker honestly and
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reasonably believes that all of the reasonable grounds for his or her
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belief had been the subject of a notice given under subsection (1)
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by another person.
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Note:
A defendant bears an evidential burden in relation to a matter in this
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subsection (see subsection 13.3(3) of the Criminal Code).
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(5) Section 15.3 of the Criminal Code (extended geographical
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jurisdiction--category C) applies to an offence against
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subsection (3).
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Australian Border Force Commissioner to notify other relevant
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agencies
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(6) If an Immigration and Border Protection worker gives the
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Australian Border Force Commissioner notice under
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subsection (1), the Commissioner must notify such of the following
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as the Commissioner considers appropriate of the reportable assault
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and the worker's reasonable grounds in relation to the assault:
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(a) the Australian Federal Police;
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(b) the police service or police force (however described) of a
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State or Territory, a foreign country, or a part of a foreign
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country;
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(c) an agency or authority of a State or Territory, a foreign
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country, or a part of a foreign country, that has functions
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relating to child safety.
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Australian Border Force Commissioner to keep records
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(7) The Australian Border Force Commissioner must keep a written
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record of:
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(a) each notice given to the Commissioner by an Immigration
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and Border Protection worker under subsection (1); and
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(b) each notice given by the Commissioner under subsection (6).
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Definitions
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(8) In this section:
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Amendments Schedule 1
No. , 2015
Migration Amendment (Mandatory Reporting) Bill 2015
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Immigration and Border Protection worker has the same meaning
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as in the Australian Border Force Act 2015.
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place of detention means:
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(a) a detention centre established under this Act; or
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(b) a place approved by the Minister under subparagraph (b)(v)
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of the definition of immigration detention in subsection 5(1);
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or
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(c) a place in a regional processing country where restraint is
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being exercised, over the liberty of a person who has been
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taken to that country from Australia, in connection with the
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country's regional processing functions (within the meaning
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of section 198AHA).
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reportable assault: a minor suffers a reportable assault if:
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(a) a person engages in sexual activity with the minor; or
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(b) a person causes the minor harm that is physical harm, other
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than harm caused by a reasonable use of force that is
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authorised under:
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(i) Division 7B of this Part; or
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(ii) a law in force at the place of detention where the harm
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is caused.
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Words and expressions used in this definition have the same
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meanings as in the Criminal Code.
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