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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Legislation Amendment
(Regional Processing Cohort) Bill 2016
No. , 2016
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for other purposes
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Migration Act 1958
3
Migration Regulations 1994
7
Part 2--Application provisions
10
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
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 is the Migration Legislation Amendment (Regional
5
Processing Cohort) Act 2016.
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 Legislation Amendment (Regional Processing Cohort) Bill
2016
No. , 2016
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
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 Schedules
7
(1) Legislation 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repealed as set out in the applicable items in the Schedule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
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
(2) The amendment of any regulation under subsection (1) does not
12
prevent the regulation, as so amended, from being amended or
13
repealed by the Governor-General.
14
Amendments Schedule 1
Amendments Part 1
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 5(1)
4
Insert:
5
member of the designated regional processing cohort means:
6
(a) a person who:
7
(i) is an unauthorised maritime arrival under
8
subsection 5AA(1); and
9
(ii) after 19 July 2013, was taken to a regional processing
10
country under section 198AD; and
11
(iii) was at least 18 years of age on the first or only occasion
12
after 19 July 2013 when he or she was so taken to a
13
regional processing country; or
14
(b) a transitory person who:
15
(i) after 19 July 2013, was taken to a regional processing
16
country under Division 7 or 8 of Part 3 of the Maritime
17
Powers Act 2013; and
18
(ii) was at least 18 years of age on the first or only occasion
19
after 19 July 2013 when he or she was so taken to a
20
regional processing country.
21
2 Subsection 33(2)
22
Omit "subsection (3)", substitute "subsections (3) and (3A)".
23
3 After subsection 33(3)
24
Insert:
25
(3A) A non-citizen who is a member of the designated regional
26
processing cohort is not taken to have been granted a special
27
purpose visa.
28
(3B) The Minister may waive the operation of subsection (3A) in a
29
particular case.
30
Schedule 1 Amendments
Part 1 Amendments
4
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
No. , 2016
4 After subsection 46A(2)
1
Insert:
2
(2AA) An application for a visa is not a valid application if it is made by a
3
person who:
4
(a) is an unauthorised maritime arrival under subsection 5AA(1);
5
and
6
(b) after 19 July 2013, was taken to a regional processing
7
country under section 198AD; and
8
(c) was at least 18 years of age on the first or only occasion after
9
19 July 2013 when he or she was so taken to a regional
10
processing country.
11
(2AB) If the Minister thinks that it is in the public interest to do so, the
12
Minister may, by written notice given to an unauthorised maritime
13
arrival, determine that subsection (2AA) does not apply to an
14
application by the unauthorised maritime arrival for a visa of a
15
class specified in the determination.
16
(2AC) If the Minister thinks that it is in the public interest to do so, the
17
Minister may, by legislative instrument, determine that
18
subsection (2AA) does not apply to an application by an
19
unauthorised maritime arrival included in a class of unauthorised
20
maritime arrivals specified in the determination for a visa of a class
21
specified in the determination.
22
5 Subsection 46A(2A)
23
After "subsection (2)", insert ", (2AB) or (2AC)".
24
6 Subsection 46A(2B)
25
After "determination", insert "under subsection (2), (2AB) or (2AC)".
26
7 Subsection 46A(2C)
27
After "subsection (2)", insert "or (2AB)".
28
8 After subsection 46A(2C)
29
Insert:
30
Amendments Schedule 1
Amendments Part 1
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
5
(2D) The Minister may, by legislative instrument, vary or revoke a
1
determination made under subsection (2AC) if the Minister thinks
2
that it is in the public interest to do so.
3
9 Subsection 46A(3)
4
Omit "(2) or (2C)", substitute "(2), (2AB), (2AC), (2C) or (2D)".
5
10 Paragraphs 46A(5)(a) and (b)
6
Omit "the unauthorised", substitute "an unauthorised".
7
11 Subsection 46A(7)
8
After "subsection (2)", insert ", (2AB)".
9
12 At the end of section 46A
10
Add:
11
(8) The Minister does not have a duty to consider whether to exercise
12
the power under subsection (2AC) or (2D) in respect of any class
13
of unauthorised maritime arrivals, whether the Minister is
14
requested to do so by an unauthorised maritime arrival included in
15
such a class or by any other person, or in any other circumstances.
16
13 After subsection 46B(2)
17
Insert:
18
(2AA) An application for a visa is not a valid application if it is made by a
19
transitory person who:
20
(a) after 19 July 2013, was taken to a regional processing
21
country under Division 7 or 8 of Part 3 of the Maritime
22
Powers Act 2013; and
23
(b) was at least 18 years of age on the first or only occasion after
24
19 July 2013 when he or she was so taken to a regional
25
processing country.
26
(2AB) If the Minister thinks that it is in the public interest to do so, the
27
Minister may, by written notice given to a transitory person,
28
determine that subsection (2AA) does not apply to an application
29
by the person for a visa of a class specified in the determination.
30
Schedule 1 Amendments
Part 1 Amendments
6
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
No. , 2016
(2AC) If the Minister thinks that it is in the public interest to do so, the
1
Minister may, by legislative instrument, determine that
2
subsection (2AA) does not apply to an application by a transitory
3
person included in a class of transitory persons specified in the
4
determination for a visa of a class specified in the determination.
5
14 Subsection 46B(2A)
6
After "subsection (2)", insert ", (2AB) or (2AC)".
7
15 Subsection 46B(2B)
8
After "determination", insert "under subsection (2), (2AB) or (2AC)".
9
16 Subsection 46B(2C)
10
After "subsection (2)", insert "or (2AB)".
11
17 After subsection 46B(2C)
12
Insert:
13
(2D) The Minister may, by legislative instrument, vary or revoke a
14
determination made under subsection (2AC) if the Minister thinks
15
that it is in the public interest to do so.
16
18 Subsection 46B(3)
17
Omit "(2) or (2C)", substitute "(2), (2AB), (2AC), (2C) or (2D)".
18
19 Paragraphs 46B(5)(a) and (b)
19
Omit "the transitory", substitute "a transitory".
20
20 Subsection 46B(7)
21
After "subsection (2)", insert ", (2AB)".
22
21 At the end of section 46B
23
Add:
24
(8) The Minister does not have a duty to consider whether to exercise
25
the power under subsection (2AC) or (2D) in respect of any class
26
of transitory persons, whether the Minister is requested to do so by
27
a transitory person included in such a class or by any other person,
28
or in any other circumstances.
29
Amendments Schedule 1
Amendments Part 1
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
7
Migration Regulations 1994
1
22 At the end of subregulation 2.07AA(2)
2
Add:
3
; and (d) the applicant is not a member of the designated regional
4
processing cohort.
5
23 After subregulation 2.07AA(2)
6
Insert:
7
(2A) The Minister may waive the operation of paragraph (2)(d) in a
8
particular case.
9
24 After subregulation 2.07AB(1)
10
Insert:
11
(1A) Subregulation (1) does not apply if the applicant is a member of the
12
designated regional processing cohort.
13
25 At the end of subregulation 2.07AB(2)
14
Add:
15
; and (e) the applicant is not a member of the designated regional
16
processing cohort.
17
26 At the end of regulation 2.07AB
18
Add:
19
(5) The Minister may waive the operation of subregulation (1A) in a
20
particular case.
21
(6) The Minister may waive the operation of paragraph (2)(e) in a
22
particular case.
23
27 At the end of regulation 2.07AM
24
Add:
25
(6) The Minister may waive the operation of paragraph 1402(3)(bb) of
26
Schedule 1 in a particular case.
27
Schedule 1 Amendments
Part 1 Amendments
8
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
No. , 2016
28 At the end of paragraph 2.08A(1)(da)
1
Add "and".
2
29 After paragraph 2.08A(1)(da)
3
Insert:
4
(db) the additional applicant is not a member of the designated
5
regional processing cohort;
6
30 At the end of regulation 2.08A
7
Add:
8
(3) The Minister may waive the operation of paragraph (1)(db) in a
9
particular case.
10
31 Regulation 2.11A (note)
11
Omit "Section 46A", substitute "Subsection 46A(1)".
12
32 Regulation 2.11B (note)
13
Omit "Section 46B", substitute "Subsection 46B(1)".
14
33 After paragraph 1402(3)(ba) of Schedule 1
15
Insert:
16
(bb) Applicant must not be a member of the designated regional
17
processing cohort.
18
34 At the end of subitem 1402(3) of Schedule 1
19
Add:
20
Note:
See also subregulation 2.07AM(6), which provides that the Minister
21
may waive the operation of paragraph (bb) of this subitem in a
22
particular case.
23
35 After Part 53 of Schedule 13
24
Insert:
25
Amendments Schedule 1
Amendments Part 1
No. , 2016
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
9
Part 53A--Amendments made by the Migration
1
Legislation Amendment (Regional
2
Processing Cohort) Act 2016
3
4
5301A Operation of Schedule 1
5
(1) Paragraph 2.07AA(2)(d) of these Regulations (as amended by
6
Schedule 1 to the Migration Legislation Amendment (Regional
7
Processing Cohort) Act 2016) applies in relation to a visa
8
application if the conditions mentioned in paragraphs 2.07AA(2)(a)
9
to (c) of these Regulations are satisfied in relation to the
10
application after the commencement of that Schedule.
11
(2) Subregulation 2.07AB(1A) of these Regulations (as amended by
12
Schedule 1 to the Migration Legislation Amendment (Regional
13
Processing Cohort) Act 2016) applies in relation to a visa
14
application if the applicant provides his or her passport details (as
15
mentioned in subregulation 2.07AB(1) of these Regulations) after
16
the commencement of that Schedule.
17
(3) Paragraph 2.07AB(2)(e) of these Regulations (as amended by
18
Schedule 1 to the Migration Legislation Amendment (Regional
19
Processing Cohort) Act 2016) applies in relation to a visa
20
application if the applicant asks for the visa (as mentioned in
21
paragraph 2.07AB(2)(d) of these Regulations) after the
22
commencement of that Schedule.
23
(4) Paragraph 2.08A(1)(db) of these Regulations (as amended by
24
Schedule 1 to the Migration Legislation Amendment (Regional
25
Processing Cohort) Act 2016) applies in relation to a request made
26
by the original applicant under paragraph 2.08A(1)(b) of these
27
Regulations if the request is made after the commencement of that
28
Schedule.
29
(5) Paragraph 1402(3)(bb) of Schedule 1 to these Regulations (as
30
amended by Schedule 1 to the Migration Legislation Amendment
31
(Regional Processing Cohort) Act 2016) applies in relation to a
32
visa application if the application is made after the commencement
33
of Schedule 1 to that Act.
34
Schedule 1 Amendments
Part 2 Application provisions
10
Migration Legislation Amendment (Regional Processing Cohort) Bill
2016
No. , 2016
Part 2--Application provisions
1
36 Application
--sections 46A and 46B of the Migration Act
2
1958
3
Applicant outside Australia
4
(1)
Subsections 46A(2AA) and 46B(2AA) of the Migration Act 1958 (as
5
amended by this Act) apply in relation to a visa application made when
6
the applicant was outside Australia if:
7
(a) the application is made after the commencement of this item;
8
or
9
(b) the application:
10
(i) was made before the commencement of this item but
11
after the time when the Bill that became the Migration
12
Legislation Amendment (Regional Processing Cohort)
13
Act 2016 was introduced into the House of
14
Representatives; and
15
(ii) was not finally determined before the commencement of
16
this item.
17
Applicant in Australia
18
(2)
Subsections 46A(2AA) and 46B(2AA) of the Migration Act 1958 (as
19
amended by this Act) apply in relation to a visa application made when
20
the applicant was in Australia if:
21
(a) the application is made after the commencement of this item;
22
and
23
(b) no determination was made under subsection 46A(2) or
24
46B(2) of the Migration Act 1958 in relation to the
25
application before the commencement of this item.
26