Migration Amendment (Emigration of Certain Children) Act 1983

Overview

The Migration Amendment (Emigration of Certain Children) Act 1983 was enacted to address the issue of the emigration of certain children from Australia, particularly in the context of family law disputes. This legislation was introduced as an amendment to the Migration Act 1958, and was assented to on 28 October 1983. The enacting body was the Parliament of Australia, consisting of the Queen, the Senate, and the House of Representatives. The policy objective of this Act was to provide a legal framework that addresses the emigration of children in situations where it may impact family law proceedings, thereby ensuring the protection of the child's interests. The Act repealed Part III of the Principal Act, which dealt with the emigration of certain children, and amended section 66 of the Principal Act by omitting a specific exclusion related to offences under the repealed Part III. The commencement of this Act was tied to the operation of Part II of the Family Law Amendment Act 1983, ensuring a coordinated approach to the legal changes affecting family law and migration matters.

Scope and Application

The Migration Amendment (Emigration of Certain Children) Act 1983 amends the Migration Act 1958, a Commonwealth Act which governs the entry, stay, and departure of people in Australia. This Act specifically targets the emigration of certain children, thereby regulating the movement of minors outside of Australia. It applies to any individual who is a child as defined under the Act, and potentially to their parents or guardians who are involved in facilitating their travel. The Act's jurisdictional reach is nationwide, as it pertains to the Commonwealth's authority over migration matters. The Act repeals Part III of the Principal Act, which previously dealt with offences related to the emigration of children, and amends Section 66 of the Principal Act to ensure that prosecutions can still be instituted for such offences without the specific reference to Part III. This indicates that the Act extends the application of the Principal Act by clarifying the legal framework for dealing with the emigration of certain children, without introducing new substantive changes to the penalties or procedures involved.

Key Provisions

The Migration Amendment (Emigration of Certain Children) Act 1983 primarily focuses on amending the Migration Act 1958, particularly in relation to the emigration of certain children. This Act, as indicated in section 1, is to be cited as the Migration Amendment (Emigration of Certain Children) Act 1983 and it references the Migration Act 1958 as the Principal Act. The Act came into operation on the same day as the commencement of Part II of the Family Law Amendment Act 1983, as specified in section 2. A significant change introduced by this Act is the repeal of Part III of the Principal Act, as outlined in section 3, which had previously covered certain aspects of emigration. Furthermore, section 4 amends section 66 of the Principal Act by removing a specific exclusion, which previously prevented prosecutions for offences under Part III of the Principal Act. The Act imposes certain obligations on parties or entities it governs. For instance, the Act requires that any person intending to take a child out of Australia must comply with the provisions of the amended Migration Act 1958, which now includes the possibility of prosecution for any relevant offences. This amendment broadens the scope of who can be prosecuted under the Act, ensuring that any violations related to the emigration of certain children are subject to legal consequences. Additionally, the repeal of Part III of the Principal Act means that the previous provisions governing emigration are no longer in effect, necessitating adherence to the new legislative framework. The Migration Amendment (Emigration of Certain Children) Act 1983 also outlines consequences for breaches of its provisions. While the specific penalties are not detailed within the excerpt, the amendment of section 66 to allow for prosecution implies that there are potential civil or criminal penalties for non-compliance. These could include fines or imprisonment, depending on the severity of the offence and the discretion of the court. The maximum penalties, if applicable, would be determined by the courts based on the specific circumstances of each case and in accordance with the general sentencing principles of Australian law. The primary focus of these potential penalties is to ensure compliance with the new legislative requirements and to protect the interests of children in relation to emigration.