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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Ending the
Nation's Shame) Bill 2014
No. , 2014
(Mr Wilkie)
A Bill for an Act to amend the Migration Act 1958
to provide greater fairness and certainty for asylum
seekers, and for other purposes
No. , 2014
Migration Amendment (Ending the Nation's Shame) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
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Migration Act 1958
3
No. , 2014
Migration Amendment (Ending the Nation's Shame) Bill 2014
1
A Bill for an Act to amend the Migration Act 1958
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to provide for greater fairness and certainty for
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asylum seekers, and for other 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 (Ending the
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Nation's Shame) Act 2014.
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2 Commencement
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This Act commences on the day after this Act receives the Royal
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Assent.
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2
Migration Amendment (Ending the Nation's Shame) Bill 2014
No. , 2014
3 Schedule(s)
1
Each Act 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repealed as set out in the applicable items in the Schedule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. , 2014
Migration Amendment (Ending the Nation's Shame) Bill 2014
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Schedule 1
--Amendments
1
2
Migration Act 1958
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1 Subsection 4(5)
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Repeal the subsection.
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2 Subsection 5(1)
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Insert:
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Australian citizen has the same meaning as in the Australian
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Citizenship Act 2007.
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3 Subsection 5(1) (note 1 at the end of the definition of
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immigration detention)
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Repeal the note.
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4 Subsection 5(1) (note 2 at the end of the definition of
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immigration detention)
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Omit "Note 2", substitute "Note".
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5 Subsection 5(1) (definition of regional processing country)
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Repeal the definition.
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6 Subsection 5(1) (paragraph (aa) of the definition of
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transitory person)
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Repeal the paragraph.
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7 Subsection 5(1) (definition of unauthorised maritime
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arrival)
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Repeal the definition.
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8 Section 5AA
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Repeal the section.
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9 Paragraph 5A(3)(j)
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Repeal the paragraph.
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Schedule 1 Amendments
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Migration Amendment (Ending the Nation's Shame) Bill 2014
No. , 2014
10 Subsection 36(1)
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After "class of", insert "permanent".
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11 After section 41
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Insert:
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41A Conditions not to limit certain access
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(1) Despite section 41, a protection visa or bridging visa must not be
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subject to any of the following conditions:
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(a) a condition restricting the work that may be done in Australia
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by the holder;
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(b) a condition restricting the holder's access to a medicare
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benefit payable under Part II of the Health Insurance Act
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1973;
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(c) a condition restricting the holder's access to a service,
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benefit, program or facility provided by, or on behalf of, the
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Department of Human Services or the Department of Social
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Services.
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(2) The holder of a protection visa or bridging visa may access a
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service, benefit, program or facility provided by, or on behalf of,
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the Department of Human Services or the Department of Social
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Services on the same basis as an Australian citizen.
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12 Section 46A
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Repeal the section.
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13 Section 73
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Before "If", insert "(1)".
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14 At the end of section 73
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Add:
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(2) The Minister is taken to be satisfied that an eligible non-citizen
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satisfies the criteria for a bridging visa as prescribed under
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subsection 31(3) if subsection 189(4A) applies.
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15 After subsection 189(4)
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Insert:
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Amendments Schedule 1
No. , 2014
Migration Amendment (Ending the Nation's Shame) Bill 2014
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(4A) A person may be detained under subsections (1) to (4) for no more
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than 14 days. If the person's application for a visa has not been
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decided by the end of that time:
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(a) the person must be released; and
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(b) the Minister must grant a bridging visa to the person.
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16 Paragraph 196(1)(aa)
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Repeal the paragraph.
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17 Subsection 198(11)
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Repeal the subsection.
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18 Subdivision B of Division 8 of Part 2
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Repeal the Subdivision.
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19 At the end of Subdivision A of Division 8 of Part 2
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Add:
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198A Reporting requirements--asylum seeker arrivals and
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protection visas
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(1) As soon as practicable after the end of a reporting period, the
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Minister must table a report in each House of the Parliament that
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sets out:
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(a) the number of asylum seekers that arrived in Australia's
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migration zone during the reporting period; and
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(b) the number of protection visas granted during the reporting
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period.
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(2) In this section:
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reporting period means:
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(a) for the first report--the period beginning on the day this
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section commences and ending 3 months after that day; and
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(b) for subsequent reports--the period beginning on the first day
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after the end of the immediately preceding reporting period
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and ending 6 months after that day.
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20 Subsection 199(4)
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Repeal the subsection, substitute:
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Schedule 1 Amendments
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Migration Amendment (Ending the Nation's Shame) Bill 2014
No. , 2014
(4) Unless the unlawful non-citizen makes a request mentioned in
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subsection (3), the dependent child or children of the non-citizen
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are to remain with at least one of their parents during any period of
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detention or transportation.
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21 Paragraphs 336F(3)(a) and (4)(a)
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Repeal the paragraphs, substitute:
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(a) the identifying information relates to an applicant for a
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protection visa; and
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22 Paragraph 336F(5)(b)
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Omit "or".
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23 Paragraphs 336F(5)(c), (ca), (cb) and (cc)
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Repeal the paragraphs.
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24 Paragraph 474(7)(a)
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Omit "198AE,".
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25 Section 494AA
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Repeal the section.
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26 Paragraph 494AB(1)(ca)
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Repeal the paragraph.
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27 After section 499
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Insert:
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499A Equal access to review mechanisms
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Nothing in this Act is to be interpreted as affording an asylum
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seeker lesser or different rights for review of a decision made
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under this Act than that afforded to any other asylum seeker,
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regardless of how the first-mentioned asylum seeker arrived in
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Australia's migration zone.
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