Overview

The Migration Act 1958 is a foundational piece of legislation governing immigration to Australia, and it was enacted to provide a comprehensive framework for the administration of immigration and visa matters. One of its key provisions allows the Minister, through legislative instruments, to determine the daily maintenance amount for the keeping and maintaining of individuals in immigration detention. The specific legislative instrument in question, F2011L01975, was introduced to address the need for a clear and defined daily maintenance amount for detainees within a specified period. This instrument, made by the Minister’s delegate under subsection 262(2), specifies the amount to be charged daily from 28 September 2011 to 28 September 2012 for the detention of individuals at a designated place. The enacting body for this instrument is the Minister for Immigration and Citizenship, acting under the authority of the Migration Act. The policy objective behind this legislation is to establish a transparent and consistent method for determining the costs associated with detaining individuals, ensuring that these costs are managed within a clear legal framework.

Scope and Application

This instrument, made under subsection 262(2) of the Migration Act 1958, pertains to the determination of daily maintenance amounts for persons in detention, specifically addressing the costs associated with keeping and maintaining individuals in immigration detention facilities. This legislation applies to individuals who are detained under the provisions of the Migration Act 1958 and the facilities where they are held, within the period specified in the instrument from 28 September 2011 to 28 September 2012. The daily maintenance amount is set to cover the costs related to the upkeep of these detainees during their period of detention. The instrument does not extend its application beyond the designated timeframe, and no exemptions or exclusions are specified within this particular legislative instrument. Additionally, it operates independently without the need for further subordinate instruments to extend or restrict its application.

Key Provisions

The instrument, made under subsection 262(2) of the Migration Act 1958 (section 2), sets the daily maintenance amount for keeping and maintaining a person in immigration detention at a specified place between 28 September 2011 and 28 September 2012. This determination is in line with the Act's provision allowing the Minister to specify such amounts by legislative instrument (section 2). The primary purpose of this instrument is to define the exact daily amount that must be charged for the detention of individuals within the stipulated period (section 3). The obligations imposed by this instrument on the parties or entities it governs include the requirement to charge the specified daily maintenance amount for the detention of individuals. This is a straightforward financial obligation for the entities responsible for the detention of persons in immigration facilities. The daily amount is to be applied uniformly for the entire period between 28 September 2011 and 28 September 2012, ensuring consistency in the financial arrangements for immigration detention (section 4). There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of this instrument. However, failure to comply with the specified daily maintenance amount could potentially lead to legal scrutiny and possible administrative actions. Given the nature of the instrument, any non-compliance might be addressed through corrective measures or further legislative action, though specific penalties are not detailed in the text. The instrument's minor nature and its focus on procedural aspects suggest that its breach would not directly result in criminal charges but could lead to administrative consequences (section 5).