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MIGRATION AMENDMENT (DURATION OF DETENTION) BILL 2004

2002-2003-2004

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES




Presented and read a first time









Migration Amendment (Duration of Detention) Bill 2004

No. , 2004

(Immigration and Multicultural and Indigenous Affairs)



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

Contents

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 may be cited as the Migration Amendment (Duration of Detention) Act 2004.

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
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.
2. Schedule 1	The day after this Act receives the Royal Assent.

Note: This table relates only to the provisions of this Act as originally passed by 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4 Application of amendments

The amendments made by Schedule 1 to this Act do not affect the validity of any order made by a court before the commencement of that Schedule.

Schedule 1—Amendments

Migration Act 1958

1 Subsections 196(4) and (4A)

Repeal the subsections, substitute:

(4) Subject to paragraphs (1)(a), (b) and (c), the detention is to continue unless a court makes a final determination that:

(a) the detention is unlawful; or

(b) the person detained is not an unlawful non-citizen.

2 Subsection 196(5)

Omit “or (4A)”.

3 Subsection 196(5A)

Repeal the subsection.

4 Subsection 196(7) (definition of visa decision)

Omit “not to grant”, substitute “to refuse to grant”.

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