A Bill for an Act to amend the law relating to migration, and
for other purposes
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Migration
Amendment (Abolishing Detention Debt) Act 2009.
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.
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Commencement
information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 to 3 and
anything in this Act not elsewhere covered by this table
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The day on which this Act receives the Royal Assent.
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2. Schedule 1, Part 1
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A single day to be fixed by Proclamation.
However, if any of the provision(s) do not commence within
the period of 6 months beginning on the day on which this Act receives the
Royal Assent, they commence on the first day after the end of that period.
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3. Schedule 1, Part 2
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At the same time as the provision(s) covered by table
item 2.
However, if Schedule 1 to the Migration
Legislation Amendment (Worker Protection) Act 2008 commences at or before
that time, the provision(s) do not commence at all.
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4. Schedule 1, items 30 to 32
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The later of:
(a) immediately after the commencement of Schedule 1 to
the Migration Legislation Amendment (Worker Protection) Act 2008; and
(b) the start of the day on which the provision(s) covered by
table item 2 commence.
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5. Schedule 1, item 33
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At the same time as the provision(s) covered by table
item 4.
However, if Schedule 1 to the Migration
Legislation Amendment (Worker Protection) Act 2008 commences after the
time the provision(s) covered by table item 2 commence, the provision(s)
do not commence at all.
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Note: This table
relates only to the provisions of this Act as originally passed by both Houses
of the Parliament and assented to. It will not be expanded to deal with
provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.
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 1—Amendments
Part 1—General amendments
Migration Act 1958
1 Section 145
Before “If”, insert “(1)”.
2 At the end of section 145
Add:
(2) For the purposes of
paragraph (1)(c), the cost of keeping the non‑citizen in Australia
does not include the cost of immigration detention (if any).
3 At the end of section 146
Add:
(3) For the purposes of
paragraph (1)(b), the cost of keeping the non‑citizen in Australia
does not include the cost of immigration detention (if any).
4 Section 147
Before “If”, insert “(1)”.
5 At the end of section 147
Add:
(2) For the purposes of
paragraph (1)(c), the cost of keeping the non‑citizen in Australia
does not include the cost of immigration detention (if any).
6 Section 148
Before “If”, insert “(1)”.
7 At the end of section 148
Add:
(2) For the purposes of
paragraph (1)(c), the cost of keeping the non‑citizen in Australia
does not include the cost of immigration detention (if any).
8 Transitional—cessation of arrangements to the extent that
they relate to detention debt
(1) An arrangement:
(a) referred to in paragraph 145(c),
146(1)(b), 147(c) or 148(c) of the Migration Act 1958; and
(b) that existed immediately before
the commencement of this Part;
ceases to have effect on that commencement to the extent that it
was an arrangement to pay the Commonwealth an amount relating to the cost of a
person’s immigration detention.
(2) This item does not affect the validity of a
certificate given under section 145, 146, 147 or 148 of that Act.
9 Subsection 151(3)
Omit “, accommodation or immigration detention”, substitute “or
accommodation (other than immigration detention)”.
10 Division 10 of Part 2 (heading)
Repeal the heading, substitute:
Division 10—Costs etc. of removal and deportation
11 Section 207 (definition of costs)
Repeal the definition, substitute:
costs means the fares and other costs to the
Commonwealth of transporting:
(a) a non‑citizen; and
(b) a custodian of the non‑citizen;
from Australia to the place outside Australia to which the
non‑citizen is removed or deported.
12 Section 207 (definition of daily maintenance
amount)
Repeal the definition.
13 Sections 208, 209 and 211
Repeal the sections.
14 Subsection 213(1)
Omit all the words after “the carriers”, substitute “of the non‑citizen
to pay the costs of the non‑citizen’s removal, or deportation, from
Australia should that happen.”.
Note: The heading to section 213 is altered by
omitting “detention,”.
15 Section 214
Omit “detention,”.
16 Paragraphs 222(1)(a) and (b)
Omit “209, 210, 211”, substitute “210”.
17 Paragraphs 223(2)(b) and (c)
Omit “209, 210, 211”, substitute “210”.
18 Paragraphs 223(10)(b) and (c)
Omit “209, 210, 211”, substitute “210”.
19 Paragraphs 224(3)(c) and (d)
Omit “209, 210, 211”, substitute “210”.
20 Subsections 224(4) and (5)
Omit “209, 210, 211”, substitute “210”.
21 Section 262
Before “A”, insert “(1)”.
22 Paragraph 262(c)
Omit “a fair amount”, substitute “the amount applicable to the
person under subsection (2)”.
23 At the end of section 262
Add:
(2) The Minister may, by legislative
instrument, determine a daily amount for the keeping and maintaining of a
person in immigration detention at a specified place in a specified period.
(3) An amount determined under
subsection (2) is to be no more than the cost to the Commonwealth of
detaining a person at that place in that period.
24 Subsection 474(4) (table item 1)
Omit “detention,”.
25 Extinguishment of outstanding detention debts
(1) An immigration detention liability that existed
under one or more of the following immediately before the commencement of this
Part:
(a) section 209, 211, 262 or 264,
or subsection 151(3) or 213(3), of the Migration Act 1958;
(b) an undertaking or obligation
prescribed by regulations made for the purposes of subsection 140H(1) of that
Act;
(c) an arrangement referred to in
paragraph 145(c), 146(1)(b), 147(c) or 148(c) of that Act;
(d) any other instrument;
ceases on the commencement of this Part.
(2) In this item:
immigration detention liability means a liability
to the extent that it was a liability to pay the Commonwealth an amount
relating to the cost of:
(a) a person’s immigration detention;
or
(b) a non‑citizen’s detention
under the Migration Act 1958.
Note 1: The liability ceases to be recoverable as a
debt.
Note 2: The liability ceases even if the Commonwealth
had previously written it off.
Note 3: This item does not apply to a liability to the
extent that a person had already discharged it.
Note 4: This item does not cease a person’s liability,
under section 262 of that Act, to pay the costs of immigration detention
for detention happening after the commencement of this Part.
Part 2—Amendments relating to sponsorship undertakings
Migration Act 1958
Note: This Part does not commence if Schedule 1
to the Migration Legislation Amendment (Worker Protection) Act 2008
commences before (or at the same time as) Part 1 to this Schedule. If that
happens, the corresponding amendments in Part 3 commence instead.
26 Subsection 140H(1) (paragraph (b) of the note)
Omit “, detaining”.
27 At the end of section 140H
Add:
(5) Regulations made for the purposes of
subsection (1) cannot prescribe an undertaking to pay the cost of a
person’s immigration detention.
28 Subsection 140I(4)
Omit “and detaining”.
29 Transitional—cessation of undertakings to the extent that
they relate to detention debt
An undertaking:
(a) prescribed by regulations made for
the purposes of subsection 140H(1) of the Migration Act 1958; and
(b) that existed immediately before
the commencement of this Part;
ceases to have effect on that commencement to the extent that it
was an undertaking to pay the Commonwealth an amount relating to the cost of a
person’s immigration detention.
Part 3—Amendments relating to sponsorship obligations
Migration Act 1958
30 Subsection 140H(1) (paragraph (b) of the note)
Omit “, detaining”.
31 At the end of section 140H
Add:
(7) The regulations cannot prescribe, as a
sponsorship obligation, an obligation to pay the Commonwealth an amount
relating to the cost of a person’s immigration detention.
32 Subsection 140J(1)
(example)
Omit “and detaining”.
33 Transitional—cessation of undertakings to the extent that
they relate to detention debt
An undertaking:
(a) prescribed by regulations made for
the purposes of subsection 140H(1) of the Migration Act 1958; and
(b) that continued to have effect on
the commencement of Schedule 1 to the Migration Legislation Amendment
(Worker Protection) Act 2008 because of Part 2 of that Schedule; and
(c) that existed immediately before
the commencement of this Part;
ceases to have effect on the commencement of this Part to the
extent that it was an undertaking to pay the Commonwealth an amount relating to
the cost of a person’s immigration detention.
Note: This item does not commence if Schedule 1
to the Migration Legislation Amendment (Worker Protection) Act 2008
commences after Part 1 to this Schedule. If that happens, any sponsorship
undertakings to pay the costs of immigration detention will have already ceased
because of Part 2 of this Schedule.