EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION OF DAILY MAINTENANCE AMOUNTS

 FOR PERSONS IN DETENTION

(SUBSECTION 262(2))

1. This Instrument is made under subsection 262(2) of the Migration Act 1958 (the Act).

2.                  Subsection 262(2) of the Act provides that the Minister may, by legislative instrument, determine a daily amount for the keeping and maintaining of a person in immigration detention at a specified place in a specified period.

3.                  The purpose of the Instrument is to specify the daily amount for the purpose of subsection 262(2).

4.                  The instrument operates to specify the amount set out in column 2 of the schedule to the instrument to be the daily amount for the maintenance of a non-citizen detained at the place specified in column 1 of the schedule in the period specified in column 3 of the schedule.

5.                  Pursuant to section 18 of the Legislative Instruments Act 2003, consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.                  The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was a low or no compliance cost on business or impact on competition in relation to this instrument.

7. The instrument IMMI 10/035 commences on 9 April 2010.