Migration Legislation Amendment Act (No. 1) 1999 (Cth)

Migration Legislation Amendment Act (No. 1) 1999

No. 89, 1999

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

Contents

Migration Legislation Amendment Act (No. 1) 1999

No. 89, 1999

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

[Assented to 16 July 1999]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Migration Legislation Amendment Act (No. 1) 1999.

2Commencement

1. (1)

   Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.

2. (2)

   Items 1, 2, 4 and 10 of Schedule 1, and Schedule 3, are taken to have commenced on 3 December 1998.

3. (3)

   Item 3 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999.

4. (4)

   Subject to subsection (5), the remaining items of Schedule 1, and Schedule 2, commence on a day to be fixed by Proclamation.

5. (5)

   If the items of Schedule 1 referred to in subsection (4), and Schedule 2, do not commence under that subsection 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.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Subsection 193(2)

Omit “Nothing in subsection (1) requires the Minister or any officer to:”, substitute:

Apart from section 256, nothing in this Act or in any other law (whether written or unwritten) requires the Minister or any officer to:

1. (aa)

   give a person covered by subsection (1) an application form for a visa; or

2

Section 193

Add at the end:

1. (3)

   If:

   1. (a)

      a person covered by subsection (1) has not made a complaint in writing to the Human Rights and Equal Opportunity Commission, paragraph 20(6)(b) of the Human Rights and Equal Opportunity Commission Act 1986 does not apply to the person; and

   2. (b)

      a person covered by subsection (1) has not made a complaint to the Commonwealth Ombudsman, paragraph 7(3)(b) of the Ombudsman Act 1976 does not apply to the person.

2. (4)

   This section applies to a person covered by subsection (1) for as long as the person remains in immigration detention.

Note: The heading to section 193 is replaced by the heading “Application of law to certain non‑citizens while they remain in immigration detention”.

3

Paragraph 193(3)(a)

Repeal the paragraph, substitute:

1. (a)

   a person covered by subsection (1) has not made a complaint in writing to the Human Rights and Responsibilities Commission, paragraph 20(6)(b) of the Human Rights and Responsibilities Commission Act 1986 does not apply to the person; and

4

Subsection 198(4)

Repeal the subsection.

5

After section 232

Insert:

232AOrganising bringing groups of non-citizens into Australia

A person who:

1. (a)

   organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of a group of 5 or more people; and

2. (b)

   does so knowing the people would become, upon entry into Australia, unlawful non-citizens;

is guilty of an offence punishable, on conviction, by imprisonment for 20 years or 2,000 penalty units, or both.

6

Section 233 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

7

After section 233

Insert:

233AOther offences relating to groups of non-citizens etc.

1. (1)

   A person must not, in connection with:

   1. (a)

      the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non-citizens (which may include that person), or of any member of such a group; or

   2. (b)

      an application for a visa or a further visa permitting a group of 5 or more non‑citizens (which may include that person), or any member of such a group, to remain in Australia;

do any of the following:

1. (c)

   present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document that the person knows is forged or false;

2. (d)

   make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that the person knows is false or misleading in a material particular;

3. (e)

   deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise furnish, or cause to be furnished, for official purposes of the Commonwealth, a document containing a statement or information that the person knows is false or misleading in a material particular.

1. (2)

   A person must not transfer or part with possession of a document or documents:

   1. (a)

      with the intention that the document or documents be used to help a group of 5 or more people, none of whom are entitled to use the document or documents, or any member of such a group, to gain entry into or remain in Australia, or to be immigration cleared; or

   2. (b)

      if the person has reason to suspect that the document or documents may be so used.

   Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

8

Section 234 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

9

Section 236 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

10

Section 256

After “the person in immigration detention,”, insert “give to him or her application forms for a visa or”.

Note: The heading to section 256 is replaced by the heading “Person in immigration detention may have access to certain advice, facilities etc.”.

11

Subsection 492(1)

Omit “subsection (2)”, substitute “this section”.

12

At the end of section 492

Add:

1. (3)

   A prosecution of a person for an offence against section 232A, 233 or 233A that is alleged to have been committed after the commencement of this subsection may be instituted at any time.

Schedule 2—Consequential amendments of the Telecommunications (Interception) Act 1979

1

Subsection 5(1)

Insert:

immigration offence means an offence against section 232A, 233, 233A, 234 or 236 of the Migration Act 1958.

2

At the end of paragraph 5D(3)(d)

Add:

1. ; (xii)

   an immigration offence.

Schedule 3—Transitional

1

Effect of certain Schedule 1 amendments

The amendments made by items 1, 2, 4 and 10 of Schedule 1 are not intended to alter the effect of any orders made by a court before 3 December 1998.

[Minister’s second reading speech made in—

Senate on 3 December 1998

House of Representatives on 30 June 1999]

(235/98)