Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to recognise refugees of climate change induced environmental disasters, and for related purposes
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Registered 28 Jun 2007
Introduced Senate 20 Jun 2007

 

2004‑2005‑2006‑2007

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Migration (Climate Refugees) Amendment Bill 2007

 

No.      , 2007

 

(Senator Nettle)

 

 

 

A Bill for an Act to recognise refugees of climate change induced environmental disasters, and for related purposes

  

  


Contents

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

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

3............ Schedule(s).......................................................................................... 1

Schedule 1—Amendment of the Migration Act 1958                                         2

 


A Bill for an Act to recognise refugees of climate change induced environmental disasters, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration (Climate Refugees) Amendment Act 2007.

2  Commencement

                   This Act commences on the day after the day on which it receives the Royal Assent.

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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment of the Migration Act 1958

Subsection 5(1) (after the definition of character concern)

Insert:

climate change induced environmental disaster means a disaster that results from both incremental and rapid ecological and climatic change and disruption, that includes sea level rise, coastal erosion, desertification, collapsing ecosystems, fresh water contamination, more frequent occurrence of extreme weather events such as cyclones, tornados, flooding and drought and that means inhabitants are unable to lead safe or sustainable lives in their immediate environment.

2  After section 36

Insert:

36A  Climate change refugee visas

             (1)  There is a class of visas to be known as climate change refugee visas.

             (2)  A criterion for a climate change refugee visa is that the applicant for the visa is a person who has been displaced as a result of a climate change induced environmental disaster.

             (3)  If a person makes an application for a climate change refugee visa, the Minister must in accordance with subsection (4) make a climate change induced environmental disaster declaration in relation to the climate change circumstance which is the subject of the person’s visa application.

             (4)  A climate change induced environmental disaster declaration must be made by the Minister before the expiration of three weeks from the date of receipt of the visa application.

             (5)  In making the declaration, the Minister may give consideration to:

                     (a)  the geographical scope of the disaster;

                     (b)  adaptation options and long term sustainability;

                     (c)  the capability of the country and neighbouring countries to absorb displaced persons;

                     (d)  international efforts to assist.

             (6)  The power to make a declaration under subsection (3) must only be exercised by the Minister personally.

             (7)  The Minister may set a limit on the number of climate change refugee visas that will be issued pursuant to any such declaration.

             (8)  The Minister may make regulations setting out criteria by which a displaced person within the area covered by the declaration may apply to be accepted for a climate change refugee visa.