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2002 - 2003
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION LEGISLATION
AMENDMENT
(FURTHER BORDER PROTECTION MEASURES) BILL
2002
EXPLANATORY MEMORANDUM
(Circulated by
authority of the
Minister for Immigration and Multicultural and Indigenous
Affairs,
The Hon. Philip Ruddock MP)
MIGRATION LEGISLATION AMENDMENT (FURTHER BORDER PROTECTION MEASURES) BILL
2002
OUTLINE
1. The Migration Legislation Amendment
(Further Border Protection Measures) Bill 2002 (“the Bill”) amends
the Migration Act 1958 (“the Migration Act”) to expand the
definition of “excised offshore place” to
include:
• the Coral Sea Islands Territory; and
• certain
islands that form part of Western Australia, Queensland and the Northern
Territory
2. The Bill will insert these places into the definition of
“excised offshore place” in the Migration Act.
3. The
definition of “excised offshore place” was inserted into the
Migration Act, and other amendments were made to the Migration Act, by the
Migration Legislation (Excision from Migration Zone) Act 2001 (Act No.
127 of 2001), which received the Royal Assent and also commenced on 27 September
2001. The amendments had the effect of preventing a non-citizen who enters
Australia at a place described in the definition of “excised offshore
place” after the relevant “excision time” without a visa from
making a valid visa application unless the Minister determines that it is in the
public interest that such a person should be able to make a valid visa
application.
4. The Migration Legislation (Excision from Migration
Zone) Act 2001 was part of a package of Acts including the Migration
Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001
and the Border Protection (Validation and Enforcement Powers) Act 2001,
which introduced enhancements to Australia’s border protection
laws.
5. This Bill was originally introduced and passed by the House of
Representatives on 20 June 2002. The Senate rejected the Bill on 9 December
2002.
6. The Bill is being reintroduced to demonstrate the Government’s
commitment to the protection of Australia’s borders.
7. The Bill
was originally introduced in response to indications that people smugglers were
changing the focus of their operations to target islands closer to the
Australian mainland. This potential still exists. The Government believes that
the measures contained in this Bill to combat these threats and extend the bar
on visa applications by persons who arrive without lawful authority at these
offshore islands is still necessary.
8. Australian citizens and other persons with lawful authority under the Migration Act to be in Australia will continue to be able to move about freely in these areas and make any applications permitted by the Migration Act. These amendments do not affect Australia’s sovereignty over those islands. The islands remain integral parts of Australia.
9. In particular, in respect of the Torres Strait Islands, the Migration Act currently allows inhabitants of the Protected Zone (as established by the Torres Strait Treaty) to move about freely in connection with the performance of their traditional activities. The traditional inhabitants of the Torres Strait will not be affected by the inclusion of the Torres Strait Islands in the definition of “excised offshore place” in the Bill.
10. The Commonwealth will continue to ensure that, while unauthorised
arrivals at “excised offshore places” cannot apply for visas,
appropriate arrangements will ensure that Australia continues to fulfil its
obligations under the United Nations Convention relating to the Status of
Refugees and under other relevant international instruments.
FINANCIAL
IMPACT STATEMENT
11. These amendments will have minimal financial
impact.
MIGRATION LEGISLATION AMENDMENT (FURTHER BORDER PROTECTION MEASURES) BILL
2002
NOTES ON INDIVIDUAL CLAUSES
Clause
1 Short title
1. The short title by which this Act may be
cited is the Migration Legislation Amendment (Further Border Protection
Measures) Act 2002.
Clause
2 Commencement
2. This clause provides that this Act commences
on the day on which it receives the Royal Assent.
Clause
3 Schedule(s)
3. This clause provides that each Act specified in a
Schedule to this Act is amended or repealed as set out in the applicable items
in the Schedule concerned. In addition, any other item in a Schedule to this
Act has effect according to its terms.
4. This clause provides that section 46A of the Migration Act 1958
applies to a visa application made by an offshore entry person after the
excision time for the excised offshore place concerned.
5. This means
that if a person becomes an offshore entry person by entering an “excised
offshore place” at any time after 2pm on 19 June 2002 by legal time in the
Australian Capital Territory, any visa application by the person will not be a
valid application due to the operation of section 46A.
6. For example, if
a person becomes an offshore entry person by entering Australia at the Coral Sea
Islands Territory, then the amendments apply to any visa application made by the
person after 2pm on 19 June 2002 by legal time in the Australian Capital
Territory.
Item 1 Subsection 5(1) (after paragraph (c) of the definition of
excised offshore place)
7. This item inserts new paragraphs
(ca), (cb), (cc) and (cd) after paragraph (c) into the definition of
“excised offshore place” in subsection 5(1) of the Migration
Act.
8. “Excised offshore place” is further defined to
mean:
• the Coral Sea Islands Territory;
• all islands
that form part of Queensland and are north of latitude 12°
south;
• all islands that form part of Western Australia and are north
of latitude 23° South;
• all islands that form part of the
Northern Territory and are north of latitude 16° south.
9. This is
done for the purposes of limiting the ability of a person, who enters Australia
without a visa at an “excised offshore place” after the
“excision time” for that offshore place, to make a valid visa
application. It does not affect the application of other provisions in the
Migration Act to such a person.
10. This item inserts new paragraphs (ca), (cb), (cc) and (cd) after
paragraph (c) into the definition of “excision time” in subsection
5(1) of the Migration Act.
11. “Excision time” is further
defined to mean:
• for the Coral Sea Islands Territory – 2pm
on the 19 June 2002 by legal time in the Australian Capital
Territory;
• for all islands that form part of Queensland and are north
of latitude 12° south – 2pm on the 19 June 2002 by legal time in the
Australian Capital Territory;
• for all islands that form part of
Western Australia and are north of latitude 23° South – 2pm on the 19
June 2002 by legal time in the Australian Capital Territory;
• for all
islands that form part of the Northern Territory and are north of latitude
16° south – 2pm on the 19 June 2002 by legal time in the Australian
Capital Territory.