Migration Amendment Act 1992
No. 24 of 1992
An Act to amend the Migration Act 1958
[Assented to 6 May 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Migration Amendment Act 1992.
(2) In this Act, "Principal Act" means the Migration Act 19581.
Commencement
2.(1) Sections 1, 2, 3 and 7 commence on the day on which this Act receives the Royal Assent.
(2) Sections 4 and 6 commence on the 28th day after the day on which this Act receives the Royal Assent.
(3) Sections 5 and 8 commence on a day to be fixed by Proclamation.
(4) If the provisions referred to in subsection (3) do not commence within the period of 6 months commencing on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.
3. After Division 4A of Part 2 of the Principal Act the following Division is inserted:
"Division 4B—Custody of certain non-citizens
Reason for Division
"54J. This Division is enacted because the Parliament considers that it is in the national interest that each non-citizen who is a designated person should be kept in custody until he or she:
(a) leaves Australia; or
(b) is given an entry permit.
Interpretation
"54K. In this Division:
'commencement' means the commencement of this Division;
'custody' means custody under this Act within the meaning of section 11, and includes being held in a processing area;
'designated person' means a non-citizen who:
(a) has been on a boat in the territorial sea of Australia after 19 November 1989 and before 1 December 1992; and
(b) has not presented a visa; and
(c) is in Australia; and
(d) has not been granted an entry permit; and
(e) is a person to whom the Department has given a designation by:
(i) determining and recording which boat he or she was on; and
(ii) giving him or her an identifier that is not the same as an identifier given to another non-citizen who was on that boat;
and includes a non-citizen born in Australia whose mother is a designated person;
'entry application', in relation to a person, means an application for:
(a) a determination by the Minister that the person is a refugee; or
(b) an entry permit for the person.
Designated persons to be in custody
"54L.(1) Subject to subsection (2), after commencement, a designated person must be kept in custody.
"(2) A designated person is to be released from custody if, and only if, he or she is:
(a) removed from Australia under section 54P; or
(b) given an entry permit under section 34 or 115.
"(3) This section is subject to section 54Q.
Beginning of custody of certain designated persons
"54M.(1) If, immediately after commencement, a designated person is in a place described in paragraph 11(a) or a processing area, he or she then begins to be in custody for the…