Overview

The Migration Act 1958, enacted to manage and control the movement of people to, from, and within Australia, includes provisions for the detention of individuals. The determination of daily maintenance amounts for persons in detention is addressed by the Instrument IMMI 14/088, made under subsection 262(2) of the Act by the Minister's delegate. This instrument was introduced to specify the daily maintenance amount for individuals held in immigration detention from 14 October 2014 to 13 October 2015, revoking the previous instrument IMMI 14/008. The policy objective is to ensure a consistent and regulated approach to the financial aspects of detaining individuals under immigration law, without requiring significant consultation or a Regulatory Impact Statement due to its minor nature. This approach is designed to maintain orderly and efficient processes within the framework of the Migration Act.

Scope and Application

This legislation, F2014L01281, is a determination made under the Migration Act 1958 to specify the daily maintenance amount for persons in immigration detention, effective from 14 October 2014 until 13 October 2015. This Instrument is made by the Minister’s delegate under subsection 262(2) of the Act and operates to nominate the amount to be charged on a daily basis for keeping and maintaining a person in immigration detention at a specified place. The primary purpose of this Instrument is to revoke the previous Instrument IMMI 14/008 and establish the daily amount for the specified period. Notably, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements, hence consultation was not necessary, and it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003. Furthermore, a Statement of Compatibility with Human Rights is not required as per the exemption, and no Regulatory Impact Statement is needed as advised by the Office of Best Practice Regulation.

Key Provisions

The Migration Act 1958 (the Act) has been subject to a legislative instrument, IMMI 14/008, which specifies the daily maintenance amount for persons in detention under subsection 262(2). This instrument, made by the Minister's delegate, revokes the previous instrument IMMI 14/008 (F2014L00226) and comes into effect from 14 October 2014 until 13 October 2015. It is designed to set the daily amount to be charged for the upkeep of a person in immigration detention at a designated location during this period. The primary purpose of this instrument is to establish the exact daily maintenance amount required for the detention of individuals under subsection 262(2) of the Act. This legislative action ensures clarity and consistency in the financial obligations associated with detaining individuals in immigration facilities. By specifying this amount, the instrument provides a clear framework for the financial responsibilities related to immigration detention, ensuring that there is no ambiguity regarding the costs involved. The obligations imposed by this instrument primarily concern the financial responsibility of maintaining individuals in detention. The government or relevant authorities must adhere to the specified daily maintenance amount as outlined in the instrument. This requirement ensures that the financial burden associated with detention is clearly defined and managed within the specified timeframe. Failure to comply with the provisions of this instrument may lead to legal consequences. Although specific offences and penalties are not detailed in the explanatory statement, breaches of legislative instruments can result in civil or criminal penalties, depending on the nature and severity of the non-compliance. The maximum penalties for such breaches could be significant, reflecting the importance of adhering to the legislative requirements governing immigration detention.