EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION OF DAILY MAINTENANCE AMOUNTS

FOR PERSONS IN DETENTION

(Subsection 262(2))

1. This Instrument is made by the Minister’s delegate 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 nominate the amount to be charged, on a daily basis, between
12 October 2012 and 12 October 2013 for keeping and maintaining a person in immigration detention at a specified place.

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.                  Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

7.                  The Office of Best Practice Regulation was consulted on the making of this instrument and has advised that a Regulatory Impact Statement is not required (OBPR Reference 14036).

8. The instrument IMMI 12/111 commences on 12 October 2012.