Deterring People Smuggling Act 2011

No. 135, 2011

An Act to clarify the law relating to people smuggling, and for related purposes

[Assented to 29 November 2011]

The Parliament of Australia enacts:

This Act may be cited as the Deterring People Smuggling Act 2011.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	29 November 2011
2. Schedule 1	Immediately after the commencement of item 51 of Schedule 1 to the Border Protection Legislation Amendment Act 1999.	16 December 1999

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

Migration Act 1958

1 After section 228A

Insert:

228B Circumstances in which a non‑citizen has no lawful right to come to Australia

(1) For the purposes of this Subdivision, a non‑citizen has, at a particular time, no lawful right to come to Australia if, at that time:

(a) the non‑citizen does not hold a visa that is in effect; and

(b) the non‑citizen is not covered by an exception referred to in subsection 42(2) or (2A); and

(c) the non‑citizen is not permitted by regulations under subsection 42(3) to travel to Australia without a visa that is in effect.

(2) To avoid doubt, a reference in subsection (1) to a non‑citizen includes a reference to a non‑citizen seeking protection or asylum (however described), whether or not Australia has, or may have, protection obligations in respect of the non‑citizen:

(a) under the Refugees Convention as amended by the Refugees Protocol; or

(b) for any other reason.

2 Application

(1) Section 228B of the Migration Act 1958, as inserted by this Schedule, applies in relation to an offence committed, or alleged to have been committed, on or after the commencement of this Schedule.

(2) Section 228B of the Migration Act 1958, as inserted by this Schedule, applies to:

(a) proceedings (whether original or appellate) commenced on or after the day on which this Act receives the Royal Assent; and

(b) proceedings (whether original or appellate) commenced before the day on which this Act receives the Royal Assent, being proceedings that had not been finally determined as at that day.

[Minister’s second reading speech made in—

House of Representatives on 1 November 2011

Senate on 2 November 2011]

(221/11)