Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Migration Act 1958, and for related purposes
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Introduced HR 18 Jun 2003

Migration Amendment (Duration of Detention) Bill 2003
First Reading

Migration Amendment (Duration of Detention) Bill 2003
First Reading

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2002-2003

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Migration Amendment (Duration of Detention) Bill 2003

No. , 2003

(Immigration and Multicultural and Indigenous Affairs)

A Bill for an Act to amend the Migration Act 1958, and for related purposes

Contents

Migration Act 1958       3

A Bill for an Act to amend the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1 Short title
        This Act may be cited as the Migration Amendment (Duration of Detention) Act 2003.

2 Commencement
       (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

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 on which this Act receives the Royal Assent


2. Schedule 1

The day after this Act receives the Royal Assent


Note:       This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

       (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included 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        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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--Duration of detention

Migration Act 1958

1 At the end of section 196

Add:

       (4) Subject to paragraphs (1)(a), (b) and (c), the detention is to continue unless a court finally determines that:

       (a) the detention is unlawful; or

       (b) the person detained is not an unlawful non-citizen.

       (5) To avoid doubt, subsection (4) applies:

       (a) whether or not there is a real likelihood of the person detained being removed from Australia under section 198 or 199, or deported under section 200, in the reasonably foreseeable future; and

       (b) whether or not a visa decision relating to the person detained is, or may be, unlawful.

       (6) This section has effect despite any other law.

       (7) In this section:

visa decision means a decision relating to a visa (including a decision not to grant the visa, to cancel the visa or not to reinstate the visa).

Note:       The heading to section 196 is altered by omitting "Period" and substituting "Duration".

2 Existing orders unaffected

Subsections 196(4), (5), (6) and (7) of the Migration Act 1958 as added by item 1 do not affect the validity of any order made by a court before the commencement of this Schedule.