Federal Register of Legislation - Australian Government

Primary content

Act No. 85 of 2001 as made
An Act to amend the law relating to migration, and for related purposes
Administered by: Immigration and Border Protection
Originating Bill: Migration Legislation Amendment (Immigration Detainees) Bill 2001
Date of Assent 18 Jul 2001
Table of contents.

 

 

 

 

Migration Legislation Amendment (Immigration Detainees) Act 2001

 

No. 85, 2001


 

 

 

 

Migration Legislation Amendment (Immigration Detainees) Act 2001

 

No. 85, 2001

 

 

 

 

An Act to amend the law relating to migration, and for related purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Migration Act 1958                                                                                   3

 


Migration Legislation Amendment (Immigration Detainees) Act 2001

No. 85, 2001

 

 

 

An Act to amend the law relating to migration, and for related purposes

[Assented to 18 July 2001]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Legislation Amendment (Immigration Detainees) Act 2001.

2  Commencement

             (1)  Subject to this section, this Act (other than item 5 of Schedule 1) commences on a day or days to be fixed by Proclamation.

             (2)  Subject to this section, if a provision of this Act (other than item 5 of Schedule 1) does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

             (3)  If item 2 of Schedule 1 to the Migration Legislation Amendment (Application of Criminal Code) Act 2001 commences before items 1 and 2 of Schedule 1 to this Act, items 1 and 2 of Schedule 1 to this Act do not commence at all.

             (4)  Item 5 of Schedule 1 commences or is taken to have commenced:

                     (a)  immediately after item 4 of Schedule 1 commences, if that item commences on or after the commencement of item 1 of Schedule 1 to the Migration Legislation Amendment (Application of Criminal Code) Act 2001; or

                     (b)  when item 1 of Schedule 1 to the Migration Legislation Amendment (Application of Criminal Code) Act 2001 commences, if that item commences after item 4 of Schedule 1 to this Act commences.

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 1Migration Act 1958

  

1  Subsection 5(1) (paragraph (d) of the definition of offence against this Act)

After “provision of”, insert “Division 7A of Part 2 or a provision of”.

2  Subsection 5(1) (paragraph (e) of the definition of offence against this Act)

After “against” (second occurring), insert “Division 7A of Part 2 or against”.

3  After Division 7 of Part 2

Insert:

Division 7AOffences relating to immigration detention

197A  Detainees must not escape from detention

                   A detainee must not escape from immigration detention.

Penalty:  Imprisonment for 5 years.

197B  Manufacture, possession etc. of weapons by detainees

             (1)  A detainee is guilty of an offence if he or she manufactures, possesses, uses or distributes a weapon.

Penalty:  Imprisonment for 3 years.

             (2)  In this section:

weapon includes:

                     (a)  a thing made or adapted for use for inflicting bodily injury; or

                     (b)  a thing where the detainee who has the thing intends or threatens to use the thing, or intends that the thing be used, to inflict bodily injury.

4  After section 197B

Insert:

197C  Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Division.

Note:          For example, Chapter 2 of the Criminal Code makes it an offence to attempt to commit an offence or urge the commission of an offence.

5  Section 197C

Repeal the section.

7  After section 252

Insert:

252G  Powers concerning entry to a detention centre

             (1)  An officer may request that a person about to enter a detention centre established under this Act do one or more of the following:

                     (a)  walk through screening equipment;

                     (b)  allow an officer to pass hand‑held screening equipment over or around the person or around things in the person’s possession;

                     (c)  allow things in the person’s possession to pass through screening equipment or to be examined by X‑ray.

             (2)  Screening equipment means a metal detector or similar device for detecting objects or particular substances.

             (3)  If an authorised officer suspects on reasonable grounds that a person about to enter a detention centre established under this Act has in his or her possession a thing that might:

                     (a)  endanger the safety of the detainees, staff or other persons at the detention centre; or

                     (b)  disrupt the order or security arrangements at the detention centre;

the authorised officer may request that the person do some or all of the things in subsection (4) for the purpose of finding out whether the person has such a thing. A request may be made whether or not a request is also made to the person under subsection (1).

             (4)  An authorised officer may request that the person do one or more of the following:

                     (a)  allow the authorised officer to inspect the things in the person’s possession;

                     (b)  remove some or all of the person’s outer clothing such as a coat, jacket or similar item;

                     (c)  remove items from the pockets of the person’s clothing;

                     (d)  open a thing in the person’s possession, or remove the thing’s contents, to allow the authorised officer to inspect the thing or its contents;

                     (e)  leave a thing in the person’s possession, or some or all of its contents, in a place specified by the authorised officer if he or she suspects on reasonable grounds that the thing or its contents are capable of concealing something that might:

                              (i)  endanger the safety of the detainees, staff or other persons at the detention centre; or

                             (ii)  disrupt the order or security arrangements at the detention centre.

             (5)  A person who leaves a thing (including any of its contents) in a place specified by an authorised officer is entitled to its return when the person leaves the detention centre.

             (6)  However, if possession of the thing, or any of those contents, by the person is unlawful under a Commonwealth law or in the State or Territory in which the detention centre is located:

                     (a)  the thing or the contents must not be returned to the person; and

                     (b)  an authorised officer must, as soon as practicable, give the thing or the contents to a constable (within the meaning of the Crimes Act 1914).

             (7)  A person who is about to enter a detention centre established under this Act may be refused entry if he or she does not comply with a request under this section.

8  Section 491

Repeal the section.


[Minister’s second reading speech made in—

House of Representatives on 5 April 2001

Senate on 27 June 2001]

 

(52/01)