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
28 September 2011 and 28 September 2012 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.                  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 13033).

7. The instrument IMMI 11/067 commences on 28 September 2011.