Overview

The Migration Act 1958, enacted by the Australian Parliament, includes provisions that allow the Minister to determine daily maintenance amounts for individuals held in immigration detention. This legislative instrument, specifically the Determination of Daily Maintenance Amounts for Persons in Detention (Subsection 262(2)), was introduced to address the need for setting specific daily costs for the upkeep of detainees at designated places during certain periods. This was achieved under subsection 262(2) of the Act, which empowers the Minister to establish these amounts through legislative instruments. The objective of this instrument, as stated in the explanatory statement, is to clearly define these daily amounts for maintenance purposes, ensuring that the financial aspects of detaining individuals under the Act are transparently regulated. The instrument itself was determined to be of a minor nature, with no substantial alteration to existing arrangements, and thus did not require consultation. Moreover, assessments indicated minimal impact on businesses and competition, making it a straightforward regulation within the framework of the Migration Act.

Scope and Application

The Migration Act 1958 Determination of Daily Maintenance Amounts for Persons in Detention Instrument applies specifically to the financial maintenance requirements for non-citizens who are detained under the provisions of the Migration Act 1958. This legislative instrument is enacted under subsection 262(2) of the Act, which grants the Minister the authority to establish a daily amount for the upkeep of individuals in immigration detention at designated locations for specified periods. This determination ensures that the daily maintenance costs for detainees are clearly defined and regulated. The instrument specifies the exact daily maintenance amount for detainees in accordance with the details outlined in the schedule, which includes the detention facility, the date range, and the applicable daily amount. Given its function, this legislation applies nationally across Australia, as it pertains to the federal jurisdiction of immigration and detention policies. There are no stated exclusions or exemptions within the text, and the application of this instrument is direct and unambiguous in its scope and purpose. The instrument does not extend or restrict its application through subordinate instruments, as it operates independently to fulfil its specified function within the legislative framework.

Key Provisions

The F2010L00857 Instrument, made under subsection 262(2) of the Migration Act 1958, serves to specify the daily amount for the maintenance of non-citizens detained in immigration facilities. According to subsection 262(2), the Minister has the authority to determine a daily maintenance amount for individuals held in immigration detention at a particular location within a given period. This Instrument, therefore, outlines the specific daily amount that must be provided for the upkeep of detainees, as detailed in the schedule attached to the instrument (subsection 2). The amounts are designated for each detention facility listed in column 1 of the schedule and apply during the periods specified in column 3. The Act imposes obligations on the relevant authorities to ensure that the specified daily maintenance amounts are provided to detainees. This includes adherence to the exact figures determined by the Minister and outlined in the schedule, ensuring that detainees receive the necessary care and support during their detention. Authorities must maintain records and possibly undergo audits to confirm compliance with these financial provisions. Breaches of this legislation may not explicitly state penalties within the Explanatory Statement, but it is understood that failure to comply with the daily maintenance amount requirements could lead to legal consequences. Such consequences might include administrative sanctions, financial penalties, or other corrective measures as deemed appropriate by the relevant authorities. The precise penalties would likely be outlined in the Act or in associated regulations, but the Explanatory Statement provides the foundational framework for these obligations.