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This is a Bill, not an Act. For current law, see the Acts databases.
2004-2005-2006
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Migration Legislation Amendment (End of Mandatory Detention) Bill 2006
No. , 2006
(Senator Bartlett)
A Bill for an Act to end the mandatory detention of visa applicants and asylum seekers, and for related purposes
Contents
A Bill for an Act to end the mandatory detention of visa applicants and asylum seekers, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (End of Mandatory Detention) Act 2006.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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--Amendment of the Migration Act 1958
1 After section 189
Insert:
189A Conditions of arrest
(1) An officer who has detained a person under section 189 must, as soon as practicable, take the person before a magistrate for a hearing and action in accordance with subsection (2).
(2) If the magistrate is satisfied that the person is a person to whom section 189 applies, and that his or her continued detention is, in all the circumstances, appropriate, the magistrate may issue a warrant:
(a) authorising the officer to convey the person to a detention centre established under this Act; and
(b) directing that the person, having been conveyed to that place in accordance with the warrant, be detained there until:
(i) the person is released from detention pursuant to paragraph 196(1)(c); or
(ii) a date specified in the warrant.
(3) To avoid doubt, section 189 does not apply to a person once he or she has been released from detention under this section.
2 Subsection 196(3)
Repeal the subsection.
Schedule 1 Amendment of the Migration Act 1958
Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
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Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006
\\HOME2\SEN-ChamberDocs\bills\4999 5/9/2006 3:16 PM
Migration Legislation Amendment (End of Mandatory Detention) Bill 2006 No. , 2006