Overview

The Migration Act 1958, enacted by the Australian Parliament, governs the administration of immigration to, and emigration from, Australia, and the control of migration within Australia. The Act aims to provide a comprehensive framework for managing migration in a manner that protects Australia's borders and interests while adhering to international obligations. The legislation includes provisions for the detention of non-citizens and the associated costs. In addressing a need to specify the financial arrangements for the detention of individuals, the Explanatory Statement for F2013L01785 was introduced. This instrument, made by the Minister’s delegate, aims to determine the daily maintenance amount for the keeping and maintaining of a person in immigration detention at a specified place for a specified period, in this case from 13 October 2013 to 13 October 2014. The purpose of this instrument is to provide clarity and consistency in the financial obligations related to immigration detention, ensuring that there is a defined amount charged daily for the maintenance of detainees.

Scope and Application

The Migration Act 1958 Determination of Daily Maintenance Amounts for Persons in Detention applies to the financial obligations associated with the maintenance of individuals in immigration detention facilities across Australia. Specifically, it empowers the Minister, through a legislative instrument, to set a daily maintenance amount for keeping and maintaining a person in detention at a specified location within a designated timeframe. This instrument operates to specify the daily amount charged between 13 October 2013 and 13 October 2014. As a legislative instrument made under the authority of the Migration Act, it applies nationally across Australia, affecting individuals detained under the Commonwealth's immigration laws. The instrument is of a minor nature and exempt from disallowance, implying that it does not require consultation or a Regulatory Impact Statement, and it does not substantially alter existing arrangements. The daily maintenance amount specified within this instrument is applicable to all persons in immigration detention during the outlined period, ensuring a standardised approach to the financial management of detention facilities within the Commonwealth's jurisdiction.

Key Provisions

The main operative sections of this legislative instrument are established under subsection 262(2) of the Migration Act 1958. This subsection allows the Minister to determine, through a legislative instrument, a daily amount for the keeping and maintaining of a person in immigration detention at a specified place during a specified period (section 262(2)). The instrument in question specifically sets the daily maintenance amount for detainees from 13 October 2013 to 13 October 2014. This determination is a practical application of the legislative power granted to the Minister under the Act. The obligations and requirements imposed by this Act primarily involve the Minister determining a specific daily amount for the detention of individuals in immigration centres. This process ensures that there is a clear, legally-defined cost associated with detaining individuals. The Act does not specify the exact amount, but it mandates that the Minister must set this amount through a legislative instrument. The Act also requires that this instrument be in line with the broader legislative framework provided by the Migration Act 1958. In terms of potential offences and penalties, the legislation does not explicitly state penalties for breaches of the determined daily maintenance amount. However, breaches of the Migration Act 1958 in general can lead to various civil or criminal consequences depending on the nature of the breach. For example, knowingly providing false information to an immigration officer can result in criminal charges. The penalties for such offences can range from fines to imprisonment, depending on the severity and intent behind the offence. The specific penalties would be determined according to the relevant sections of the Migration Act 1958 and any other applicable laws.