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This is a Bill, not an Act. For current law, see the Acts databases.
2004-2005-2006-2007
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration (Climate Refugees) Amendment Bill 2007
No. , 2007
(Senator Nettle)
A Bill for an Act to recognise refugees of climate change induced environmental disasters, and for related purposes
Contents
A Bill for an Act to recognise refugees of climate change induced environmental disasters, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration (Climate Refugees) Amendment Act 2007.
2 Commencement
This Act commences on the day after the day on which it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1--Amendment of the Migration Act 1958
1 Subsection 5(1) (after the definition of character concern)
Insert:
climate change induced environmental disaster means a disaster that results from both incremental and rapid ecological and climatic change and disruption, that includes sea level rise, coastal erosion, desertification, collapsing ecosystems, fresh water contamination, more frequent occurrence of extreme weather events such as cyclones, tornados, flooding and drought and that means inhabitants are unable to lead safe or sustainable lives in their immediate environment.
2 After section 36
Insert:
36A Climate change refugee visas
(1) There is a class of visas to be known as climate change refugee visas.
(2) A criterion for a climate change refugee visa is that the applicant for the visa is a person who has been displaced as a result of a climate change induced environmental disaster.
(3) If a person makes an application for a climate change refugee visa, the Minister must in accordance with subsection (4) make a climate change induced environmental disaster declaration in relation to the climate change circumstance which is the subject of the person's visa application.
(4) A climate change induced environmental disaster declaration must be made by the Minister before the expiration of three weeks from the date of receipt of the visa application.
(5) In making the declaration, the Minister may give consideration to:
(a) the geographical scope of the disaster;
(b) adaptation options and long term sustainability;
(c) the capability of the country and neighbouring countries to absorb displaced persons;
(d) international efforts to assist.
(6) The power to make a declaration under subsection (3) must only be exercised by the Minister personally.
(7) The Minister may set a limit on the number of climate change refugee visas that will be issued pursuant to any such declaration.
(8) The Minister may make regulations setting out criteria by which a displaced person within the area covered by the declaration may apply to be accepted for a climate change refugee visa.
Migration (Climate Refugees) Amendment Bill 2007 No. , 2007
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