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This is a Bill, not an Act. For current law, see the Acts databases.
MIGRATION LEGISLATION AMENDMENT (END OF MANDATORY DETENTION) BILL 2006 [2008]
2004-2005-2006
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Legislation Amendment (End
of Mandatory Detention) Bill 2006
No. , 2006
(Senator Bartlett)
A Bill for an Act to end the mandatory detention of
visa applicants and asylum seekers, and for related
purposes
i Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
Contents
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Short title ............................................................................................ 1
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Commencement .................................................................................. 1
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Schedule(s) ......................................................................................... 1
Schedule 1--Amendme nt of the Migration Act 1958
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Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
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A Bill for an Act to end the mandatory detention of
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visa applicants and asylum seekers, and for related
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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 Legislation Amendment
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(End of Mandatory Detention) Act 2006.
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2 Commence ment
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This Act commences on the day on which it receives the Royal
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Assent.
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3 Schedule(s)
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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repealed as set out in the applicable items in the Schedule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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Schedule 1 A mendment of the Migration Act 1958
2 Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. ,
2006
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Schedule 1
--
Amendment of the Migration Act
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1958
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1 After section 189
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Insert:
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189A Conditions of arrest
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(1) An officer who has detained a person under section 189 must, as
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soon as practicable, take the person before a magistrate for a
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hearing and action in accordance with subsection (2).
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(2) If the magistrate is satisfied that the person is a person to whom
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section 189 applies, and that his or her continued detention is, in all
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the circumstances, appropriate, the magistrate may issue a warrant:
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(a) authorising the officer to convey the person to a detention
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centre established under this Act; and
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(b) directing that the person, having been conveyed to that place
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in accordance with the warrant, be detained there until:
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(i) the person is released from detention pursuant to
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paragraph 196(1)(c); or
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(ii) a date specified in the warrant.
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(3) To avoid doubt, section 189 does not apply to a person once he or
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she has been released from detention under this section.
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2 Subsection 196(3)
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Repeal the subsection.
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