Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012
No. 113, 2012
An Act to amend the law relating to migration, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Regional processing
Migration Act 1958
Schedule 2—Other amendments
Immigration (Guardianship of Children) Act 1946
Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012
No. 113, 2012
An Act to amend the law relating to migration, and for other purposes
[Assented to 17 August 2012]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012.
2 Commencement
This Act commences on the day after this Act 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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Regional processing
Migration Act 1958
1 At the end of section 4
Add:
(5) To advance its object, this Act provides for the taking of offshore entry persons from Australia to a regional processing country.
2 Subsection 5(1) (note 1 at the end of the definition of immigration detention)
Repeal the note, substitute:
Note 1: Subsection 198AD(11) provides that being dealt with under subsection 198AD(3) does not amount to immigration detention.
3 Subsection 5(1) (paragraph (a) of the definition of offshore entry person)
Before “entered”, insert “has, at any time,”.
4 Subsection 5(1)
Insert:
regional processing country means a country designated by the Minister under subsection 198AB(1) as a regional processing country.
5 Subsection 5(1) (paragraph (a) of the definition of transitory person)
Before “section”, insert “repealed”.
6 Subsection 5(1) (after paragraph (a) of the definition of transitory person)
Insert:
(aa) an offshore entry person who was taken to a regional processing country under section 198AD; or
7 Paragraphs 36(2)(a) and (aa)
Omit “to whom”, substitute “in respect of whom”.
8 Subsection 36(3)
Omit “obligations to”, substitute “obligations in respect of”.
11 Subsection 189(3)
After “a person”, insert “(other than a person referred to in subsection (3A))”.
12 Subsection 189(3)
Omit “may detain”, substitute “must detain”.
13 After subsection 189(3)
Insert:
(3A) If an officer knows or reasonably suspects that a person in a protected area:
(a) is an allowed inhabitant of the Protected Zone; and
(b) is an unlawful non‑citizen;
the officer may detain the person.
14 Subsection 189(5)
After “subsections (3)”, insert “, (3A)”.
15 Paragraph 193(1)(c)
Before “or (4)”, insert “, (3A)”.
16 Subsection 196(1)
Omit “he or she is”.
17 Paragraph 196(1)(a)
Before “removed”, insert “he or she is”.
18 After paragraph 196(1)(a)
Insert:
(aa) an officer begins to deal with the non‑citizen under subsection 198AD(3); or
19 Paragraph 196(1)(b)
Before “deported”, insert “he or she is”.
20 Paragraph 196(1)(c)
Before “granted”, insert “he or she is”.
21 Subsection…
