Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Migration Act 1958 in relation to the annual humanitarian visa intake, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 25 Sep 2014
Introduced Senate 25 Sep 2014
Table of contents.

2013‑2014

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

Migration Amendment (Humanitarian Visa Intake) Bill 2014

 

No.      , 2014

 

(Senator Hanson-Young)

 

 

 

A Bill for an Act to amend the Migration Act 1958 in relation to the annual humanitarian visa intake, and for related purposes

  

  


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Migration Act 1958                                                                                                     3

 

 


A Bill for an Act to amend the Migration Act 1958 in relation to the annual humanitarian visa intake, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Humanitarian Visa Intake) Act 2014.

2  Commencement

                   This Act commences on the day after this Act 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                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

  

Migration Act 1958

1  Subsection 5(1)

Insert:

humanitarian visa means a visa a criterion (or a part of a criterion) for which may be satisfied if a person:

                     (a)  is subject to persecution or discrimination; or

                     (b)  is registered as being of concern to the United Nations High Commissioner for Refugees; or

                     (c)  has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol.

2  At the end of section 39

Add:

             (3)  This section, and any criteria prescribed for the purposes of this section, do not apply in relation to any class of humanitarian visas at a time in a financial year when fewer than 20,000 humanitarian visas have been granted in that financial year.

3  After section 86

Insert:

86A  Number of humanitarian visas

             (1)  Section 86 does not prevent the grant of a humanitarian visa at a time in a financial year when fewer than 20,000 humanitarian visas have been granted in that financial year.

Quarterly report of number of humanitarian visas granted

             (2)  Each quarter, the Minister must present to each House of the Parliament a statement setting out the number of each class and subclass of humanitarian visa granted during the previous quarter.

             (3)  The statement is to be presented to each House of the Parliament within 15 sitting days of that House after the end of the previous quarter.