Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Migration Act 1958, and for other purposes
Administered by: Home Affairs
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 08 Jul 2019
Introduced HR 04 Jul 2019
Table of contents.

2019

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Migration Legislation Amendment (Regional Processing Cohort) Bill 2019

 

No.      , 2019

 

(Home Affairs)

 

 

 

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

  

  


Contents

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

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

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

Schedule 1—Amendments                                                                                                3

Part 1—Amendments                                                                                                    3

Migration Act 1958                                                                                                     3

Migration Regulations 1994                                                                                     7

Part 2—Application provisions                                                                              11

 

 


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

The Parliament of Australia enacts:

1  Short title

                   This Act is the Migration Legislation Amendment (Regional Processing Cohort) Act 2019.

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

             (1)  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.

             (2)  The provisions of the Migration Regulations 1994 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under section 504 of the Migration Act 1958 (see subsection 13(5) of the Legislation Act 2003).

Schedule 1Amendments

Part 1Amendments

Migration Act 1958

1  Subsection 5(1)

Insert:

member of the designated regional processing cohort means:

                     (a)  a person who:

                              (i)  is an unauthorised maritime arrival under subsection 5AA(1); and

                             (ii)  after 19 July 2013, was taken to a regional processing country under section 198AD; and

                            (iii)  was at least 18 years of age on the first or only occasion after 19 July 2013 when the person was so taken to a regional processing country; or

                     (b)  a transitory person who:

                              (i)  after 19 July 2013, was taken to a regional processing country under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013; and

                             (ii)  was at least 18 years of age on the first or only occasion after 19 July 2013 when the transitory person was so taken to a regional processing country.

2  Subsection 33(2)

Omit “subsection (3)”, substitute “subsections (3) and (3A)”.

3  After subsection 33(3)

Insert:

          (3A)  A non‑citizen who is a member of the designated regional processing cohort is not taken to have been granted a special purpose visa.

          (3B)  The Minister may waive the operation of subsection (3A) in a particular case.

4  After subsection 46A(2)

Insert:

       (2AA)  An application for a visa is not a valid application if it is made by a person who:

                     (a)  is an unauthorised maritime arrival under subsection 5AA(1); and

                     (b)  after 19 July 2013, was taken to a regional processing country under section 198AD; and

                     (c)  was at least 18 years of age on the first or only occasion after 19 July 2013 when the person was so taken to a regional processing country.

       (2AB)  If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to an unauthorised maritime arrival, determine that subsection (2AA) does not apply to an application by the unauthorised maritime arrival for a visa of a class specified in the determination.

       (2AC)  If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by an unauthorised maritime arrival included in a class of unauthorised maritime arrivals specified in the determination for a visa of a class specified in the determination.

5  Subsection 46A(2A)

After “subsection (2)”, insert “, (2AB) or (2AC)”.

6  Subsection 46A(2B)

After “determination”, insert “under subsection (2), (2AB) or (2AC)”.

7  Subsection 46A(2C)

After “subsection (2)”, insert “or (2AB)”.

8  After subsection 46A(2C)

Insert:

          (2D)  The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.

9  Subsection 46A(3)

Omit “(2) or (2C)”, substitute “(2), (2AB), (2AC), (2C) or (2D)”.

10  Paragraphs 46A(5)(a) and (b)

Omit “the unauthorised”, substitute “an unauthorised”.

11  Subsection 46A(7)

After “subsection (2)”, insert “, (2AB)”.

12  At the end of section 46A

Add:

             (8)  The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of unauthorised maritime arrivals, whether the Minister is requested to do so by an unauthorised maritime arrival included in such a class or by any other person, or in any other circumstances.

13  After subsection 46B(2)

Insert:

       (2AA)  An application for a visa is not a valid application if it is made by a transitory person who:

                     (a)  after 19 July 2013, was taken to a regional processing country under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013; and

                     (b)  was at least 18 years of age on the first or only occasion after 19 July 2013 when the transitory person was so taken to a regional processing country.

       (2AB)  If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a transitory person, determine that subsection (2AA) does not apply to an application by the person for a visa of a class specified in the determination.

       (2AC)  If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by a transitory person included in a class of transitory persons specified in the determination for a visa of a class specified in the determination.

14  Subsection 46B(2A)

After “subsection (2)”, insert “, (2AB) or (2AC)”.

15  Subsection 46B(2B)

After “determination”, insert “under subsection (2), (2AB) or (2AC)”.

16  Subsection 46B(2C)

After “subsection (2)”, insert “or (2AB)”.

17  After subsection 46B(2C)

Insert:

          (2D)  The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.

18  Subsection 46B(3)

Omit “(2) or (2C)”, substitute “(2), (2AB), (2AC), (2C) or (2D)”.

19  Paragraphs 46B(5)(a) and (b)

Omit “the transitory”, substitute “a transitory”.

20  Subsection 46B(7)

After “subsection (2)”, insert “, (2AB)”.

21  At the end of section 46B

Add:

             (8)  The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of transitory persons, whether the Minister is requested to do so by a transitory person included in such a class or by any other person, or in any other circumstances.

Migration Regulations 1994

22  At the end of subregulation 2.07AA(2)

Add:

            ; and (d)  the applicant is not a member of the designated regional processing cohort.

23  After subregulation 2.07AA(2)

Insert:

          (2A)  The Minister may waive the operation of paragraph (2)(d) in a particular case.

24  After subregulation 2.07AB(1)

Insert:

          (1A)  Subregulation (1) does not apply if the applicant is a member of the designated regional processing cohort.

25  At the end of subregulation 2.07AB(2)

Add:

             ; and (e)  the applicant is not a member of the designated regional processing cohort.

26  At the end of regulation 2.07AB

Add:

             (5)  The Minister may waive the operation of subregulation (1A) in a particular case.

             (6)  The Minister may waive the operation of paragraph (2)(e) in a particular case.

27  At the end of regulation 2.07AM

Add:

             (6)  The Minister may waive the operation of paragraph 1402(3)(bb) of Schedule 1 in a particular case.

28  At the end of paragraph 2.08A(1)(da)

Add “and”.

29  After paragraph 2.08A(1)(da)

Insert:

                   (db)  the additional applicant is not a member of the designated regional processing cohort;

30  At the end of regulation 2.08A

Add:

             (3)  The Minister may waive the operation of paragraph (1)(db) in a particular case.

31  At the end of paragraph 2.08AAA(1)(g)

Add “and”.

32  After paragraph 2.08AAA(1)(g)

Insert:

                    (ga)  the additional applicant is not a member of the designated regional processing cohort;

33  At the end of regulation 2.08AAA

Add:

             (3)  The Minister may waive the operation of paragraph (1)(ga) in a particular case.

34  Regulation 2.11A (note)

Omit “Section 46A”, substitute “Subsection 46A(1)”.

35  Regulation 2.11B (note)

Omit “Section 46B”, substitute “Subsection 46B(1)”.

36  After paragraph 1402(3)(ba) of Schedule 1

Insert:

                   (bb)  Applicant must not be a member of the designated regional processing cohort.

37  At the end of subitem 1402(3) of Schedule 1

Add:

Note:          See also subregulation 2.07AM(6), which provides that the Minister may waive the operation of paragraph (bb) of this subitem in a particular case.

38  After Part 53 of Schedule 13

Insert:

Part 53AAmendments made by the Migration Legislation Amendment (Regional Processing Cohort) Act 2019

  

5301A  Operation of Schedule 1

             (1)  Paragraph 2.07AA(2)(d) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a visa application if the conditions mentioned in paragraphs 2.07AA(2)(a) to (c) of these Regulations are satisfied in relation to the application after the commencement of that Schedule.

             (2)  Subregulation 2.07AB(1A) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a visa application if the applicant provides the applicant’s passport details (as mentioned in subregulation 2.07AB(1) of these Regulations) after the commencement of that Schedule.

             (3)  Paragraph 2.07AB(2)(e) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a visa application if the applicant asks for the visa (as mentioned in paragraph 2.07AB(2)(d) of these Regulations) after the commencement of that Schedule.

             (4)  Paragraph 2.08A(1)(db) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a request made by the original applicant under paragraph 2.08A(1)(b) of these Regulations if the request is made after the commencement of that Schedule.

             (5)  Paragraph 2.08AAA(1)(ga) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a request made by the original applicant under paragraph 2.08AAA(1)(c) of these Regulations if the request is made after the commencement of that Schedule.

             (6)  Paragraph 1402(3)(bb) of Schedule 1 to these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2019) applies in relation to a visa application if the application is made after the commencement of Schedule 1 to that Act.

Part 2Application provisions

39  Application—sections 46A and 46B of the Migration Act 1958

Applicant outside Australia

(1)       Subsections 46A(2AA) and 46B(2AA) of the Migration Act 1958 (as amended by this Act) apply in relation to a visa application made when the applicant was outside Australia if:

                     (a)  the application is made after the commencement of this item; or

                     (b)  the application:

                              (i)  was made before the commencement of this item but after the time when the Bill that became the Migration Legislation Amendment (Regional Processing Cohort) Act 2019 was introduced into the House of Representatives; and

                             (ii)  was not finally determined before the commencement of this item.

Applicant in Australia

(2)       Subsections 46A(2AA) and 46B(2AA) of the Migration Act 1958 (as amended by this Act) apply in relation to a visa application made when the applicant was in Australia if:

                     (a)  the application is made after the commencement of this item; and

                     (b)  no determination was made under subsection 46A(2) or 46B(2) of the Migration Act 1958 in relation to the application before the commencement of this item.