Migration Amendment (Strengthening the Character Test and Other Provisions) Act 2011 (Cth)

Migration Amendment (Strengthening the Character Test and Other Provisions) Act 2011

No. 81, 2011

An Act to amend the Migration Act 1958, and for related purposes

Contents

Migration Amendment (Strengthening the Character Test and Other Provisions) Act 2011

No. 81, 2011

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 25 July 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Migration Amendment (Strengthening the Character Test and Other Provisions) Act 2011.

2Commencement

1. (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 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	25 July 2011
2. Schedule 1, item 1	The day after this Act receives the Royal Assent.	26 July 2011
3. Schedule 1, items 2 to 6	26 April 2011.	26 April 2011

Note: This table relates only to the provisions of this Act as originally enacted.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.

1. (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.

3Schedule(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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Migration Act 1958

1

Subsection 197B(1) (penalty)

Omit “3 years”, substitute “5 years”.

2

At the end of subsection 500A(3)

Add:

1. ; or (d)

   the person has been convicted of an offence that was committed:

   1. (i)

      while the person was in immigration detention; or

   2. (ii)

      during an escape by the person from immigration detention; or

   3. (iii)

      after the person escaped from immigration detention but before the person was taken into immigration detention again; or

2. (e)

   the person has been convicted of an offence against section 197A.

3

Subsection 500A(4)

After “a sentence imposed on a person”, insert “, or the conviction of a person for an offence,”.

4

After paragraph 501(6)(a)

Insert:

1. (aa)

   the person has been convicted of an offence that was committed:

   1. (i)

      while the person was in immigration detention; or

   2. (ii)

      during an escape by the person from immigration detention; or

   3. (iii)

      after the person escaped from immigration detention but before the person was taken into immigration detention again; or

2. (ab)

   the person has been convicted of an offence against section 197A; or

5

Subsection 501(10)

After “a sentence imposed on a person”, insert “, or the conviction of a person for an offence,”.

6

Application of amendments made by items 2 to 5

The amendments made by items 2 to 5 apply for the purposes of making a decision on or after the commencement of those items, whether the conviction or offence concerned occurred before, on or after that commencement.

[Minister’s second reading speech made in—

House of Representatives on 11 May 2011

Senate on 14 June 2011]

(80/11)