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Migration Amendment (Regional Processing Arrangements) Act 2015

Authoritative Version
  • - C2015A00104
  • In force - Latest Version
Act No. 104 of 2015 as made
An Act to amend the Migration Act 1958, and for related purposes
Administered by: Immigration and Border Protection
Originating Bill: Migration Amendment (Regional Processing Arrangements) Bill 2015
Registered 06 Jul 2015
Date of Assent 30 Jun 2015
Table of contents.

 

 

 

 

 

 

Migration Amendment (Regional Processing Arrangements) Act 2015

 

No. 104, 2015

 

 

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

  

  


Contents

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

2............ Commencement................................................................................... 2

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Migration Act 1958                                                                                                     3

 


 

 

Migration Amendment (Regional Processing Arrangements) Act 2015

No. 104, 2015

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 30 June 2015]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Regional Processing Arrangements) Act 2015.

2  Commencement

             (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

Provisions

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.

30 June 2015

2.  Schedule 1

18 August 2012.

18 August 2012

Note:          This table relates only to the provisions of this Act as originally enacted.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  Schedules

                   Legislation 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  After section 198AH

Insert:

198AHA  Power to take action etc. in relation to arrangement or regional processing functions of a country

             (1)  This section applies if the Commonwealth enters into an arrangement with a person or body in relation to the regional processing functions of a country.

             (2)  The Commonwealth may do all or any of the following:

                     (a)  take, or cause to be taken, any action in relation to the arrangement or the regional processing functions of the country;

                     (b)  make payments, or cause payments to be made, in relation to the arrangement or the regional processing functions of the country;

                     (c)  do anything else that is incidental or conducive to the taking of such action or the making of such payments.

             (3)  To avoid doubt, subsection (2) is intended to ensure that the Commonwealth has capacity and authority to take action, without otherwise affecting the lawfulness of that action.

             (4)  Nothing in this section limits the executive power of the Commonwealth.

             (5)  In this section:

action includes:

                     (a)  exercising restraint over the liberty of a person; and

                     (b)  action in a regional processing country or another country.

arrangement includes an arrangement, agreement, understanding, promise or undertaking, whether or not it is legally binding.

regional processing functions includes the implementation of any law or policy, or the taking of any action, by a country in connection with the role of the country as a regional processing country, whether the implementation or the taking of action occurs in that country or another country.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 24 June 2015

Senate on 25 June 2015]

 

(105/15)