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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
MIGRATION AMENDMENT (PROTECTION AND OTHER MEASURES)
BILL 2014
FURTHER SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and New Clauses to be Moved on Behalf of the Government
(Circulated by authority of the Minister for Immigration and Border Protection,
the Hon. Peter Dutton MP)
1
Amendments to the Migration Amendment (Protection and Other Measures) Bill 2014
OUTLINE
The Migration Amendment (Protection and Other Measures) Bill 2014 (the Bill) amends the
Migration Act 1958 (the Migration Act) to implement a range of measures which increase
efficiency and enhance integrity in the onshore protection status determination process. The
measures in the Bill support an effective and coherent protection determination process which
responds to the challenging domestic asylum seeker landscape.
On 3 November 2014, the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act
2014 (Foreign Fighters Act) received Royal assent, Schedule 7 of this Act deals with seizing
bogus documents. This Bill also makes amendments relating to bogus documents.
On December 15 2014 the Migration and Maritime Powers Legislation Amendment (Resolving
the Asylum Legacy Caseload) Act 2014 (Legacy Act) was given Royal Assent. This Act
supported the Governments key strategies for combatting people smuggling and managing
asylum seekers both onshore and offshore and fundamentally changed Australias approach to
managing asylum seekers.
As this Bill contains overlapping subject matter, with both the Legacy Act and the Foreign
Fighters Act there are provisions in those Acts which acted in concert with this Bill, and were
intended to commence in conjunction with provisions in this Bill. However, as those Acts
received assent in 2014, the enacted version of the Bill was referred to as the Migration
Amendment (Protection and Other Measures) Act 2014. As the Bill was not enacted in 2014, it
will now be known as the Migration Amendment (Protection and Other Measures) Act 2015.
These amendments correct those references so that all references are to the Migration
Amendment (Protection and Other Measures) Act 2015.
These amendments are purely technical corrections, and are not intended to modify the substance
of the Foreign Fighters Act, the Legacy Act or the Bill. Despite the incorrect references, even
unamended the provisions in the Legacy Act and the Foreign Fighters Act would commence as
intended. This is because the "slip rule" will have been applied to each error since the enactment
of the erroneous provision. This means the references will have been taken to be correct, despite
the error. These amendments simply tidy up the incorrect references.
In summary, the amendments to the Bill correct references to the Migration Amendment
(Protection and Other Measures) Act 2014 in the Legacy Act and the Foreign Fighters Act, so
that they instead refer to the Migration Amendment (Protection and Other Measures) Act 2015.
FINANCIAL IMPACT STATEMENT
The financial impact of the Bill is low. Any costs will be met from within existing resources of
the Department of Immigration and Border Protection.
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AMENDMENTS TO THE MIGRATION AMENDMENT (PROTECTION AND OTHER
MEASURES) BILL 2014
NOTES ON AMENDMENTS
Amendment (1) - Clause 2, page 3 (at the end of the table)
1. This amendment adds a new Table item 11 to the commencement table on page 2 of the
Bill.
2. New Table item 11 provides that Schedule 5 to the Bill commences the day after this Act
receives the Royal Assent.
3. The purpose of this amendment is to ensure that the amendments to the Legacy and
Foreign Fighters Acts made by Schedule 5 to the Bill, which is inserted by amendment (2)
of these amendments, are made at the earliest opportunity. Although some of the amended
provisions will commence later than the day after Royal Assent of the Bill, it is simpler to
have all the corrections commence the day after Royal Assent, and lowers the chance of
confusion over the commencement of the affected legislation.
4. This amendment is consequential to amendment (2) of these amendments.
Amendment (2) - Page 38 (after line 32), at the end of the Bill
5. This amendment adds a new Schedule at the end of the Bill, the new Schedule is entitled
Schedule 5-Technical corrections.
6. New Schedule 5 contains a number of items, each of which has the effect of correcting a
reference to Migration Amendment (Protection and Other Measures) Act 2014 in either
the Legacy or Foreign Fighters Act. The corrected references instead refer to Migration
Amendment (Protection and Other Measures) Act 2015.
7. These are purely technical corrections and are not intended to affect the interpretation or
commencement of the corrected provisions.
8. Item 1 corrects the references in table items 6, 7, 9, 11 and 12 of subsection 2(1) of the
Foreign Fighters Act. These table items provide for when items 4, 5, 7, 9 of Schedule 7 to
the Foreign Fighters Act (respectively) commence.
9. Item 2 corrects the references in table items 4A, 13 and 15 of subsection 2(1) of the
Legacy Act. These table items provide for when Division 2A of Part 1 to Schedule 2, item
4 of Schedule 2 and item 18 of Schedule 5 to the Legacy Act (respectively) commence.
10. Item 3 corrects the reference in the heading of Division 2 of Part 1 of Schedule 5 of the
Legacy Act. The heading is corrected from ,,Division 2--Amendments if this Act
commences after the Migration Amendment (Protection and Other Measures) Act
2014 to ,,Division 2--Amendments if this Act commences after the Migration
Amendment (Protection and Other Measures) Act 2015.
11. Item 4 corrects the reference in the heading of Division 1 of Part 3 of Schedule 5 of the
Legacy Act. The heading is corrected from ,,Division 1--Amendments if this Act
commences after the Migration Amendment (Protection and Other Measures) Act
2014 to ,,Division 2--Amendments if this Act commences after the Migration
Amendment (Protection and Other Measures) Act 2015.
3
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Amendments to the
Migration Amendment (Protection and Other Measures) Bill 2014
Amendments to this Bill are compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the amendments to the Bill
This Statement of Compatibility with Human Rights relates to amendments to the Bill only, and
is therefore supplementary to, and to be read in conjunction with, the original Statement of
Compatibility with Human Rights, tabled with the Bill. Specifically, amendments to the Bill will
amend the Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 and the
Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy
Caseload) Act 2014 to correct references to the Bill.
These amendments are purely technical in nature and are not intended to modify the
commencement or interpretation of the affected provisions, and as a result do not engage any
further human rights concerns beyond those already canvassed for the Bill and those Acts.
Conclusion
The above amendments to the Migration Amendment (Protection and Other Measures) Bill 2014
are compatible with human rights.
The Hon. Peter Dutton MP, Minister for Immigration and Border Protection
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