2016‑2017‑2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Kids Off Nauru) Bill 2018
No. , 2018
(Mr Wilkie, Mr Bandt and Ms Sharkie)
A Bill for an Act to amend the Migration Act 1958, and for related purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 2
Schedule 1—Amendments 3
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 is the Migration Amendment (Kids Off Nauru) Act 2018.
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. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Migration Act 1958
1 At the end of section 198B
Add:
(4) Without limiting subsection (1), a temporary purpose includes:
(a) medical or psychiatric assessment or treatment; and
(b) accompanying another transitory person in respect of whom the power in subsection (1) has or will be exercised.
(5) If an officer knows or reasonably suspects that a transitory person is a legacy minor, the officer must bring the person to Australia for the temporary purpose referred to in paragraph (4)(a).
(6) If an officer knows or reasonably suspects that a transitory person is a member of the same family unit as another transitory person (the transitory minor) who is under 18 and who is being brought to Australia or is in Australia, the officer must, for the temporary purpose referred to in paragraph 4(b), bring the transitory person to Australia at the same time as, or as soon as reasonably practicable after, the transitory minor.
(7) In this section, legacy minor means a transitory person who, on the day this subsection commences:
(a) was in a regional processing country; and
(b) had not previously been the subject of the exercise of a power under subsection (5); and
(c) was under 18.