Migration Legislation Amendment Act (No. 1) 1999

Administered by Department of Home Affairs

Legislation au C2004A00483 In force Act

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Migration Legislation Amendment Act (No. 1) 1999

 

No. 89, 1999

 

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

 

 

Contents

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Schedule 1—Amendment of the Migration Act 1958

Schedule 2—Consequential amendments of the Telecommunications (Interception) Act 1979

Schedule 3—Transitional

 

Migration Legislation Amendment Act (No. 1) 1999

No. 89, 1999

 

 

 

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 16 July 1999]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Migration Legislation Amendment Act (No. 1) 1999.

2  Commencement

 (1) Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.

 (2) Items 1, 2, 4 and 10 of Schedule 1, and Schedule 3, are taken to have commenced on 3 December 1998.

 (3) Item 3 of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999.

 (4) Subject to subsection (5), the remaining items of Schedule 1, and Schedule 2, commence on a day to be fixed by Proclamation.

 (5) If the items of Schedule 1 referred to in subsection (4), and Schedule 2, do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Migration Act 1958

 

1  Subsection 193(2)

Omit “Nothing in subsection (1) requires the Minister or any officer to:”, substitute:

Apart from section 256, nothing in this Act or in any other law (whether written or unwritten) requires the Minister or any officer to:

 (aa) give a person covered by subsection (1) an application form for a visa; or

2  Section 193

Add at the end:

 (3) If:

 (a) a person covered by subsection (1) has not made a complaint in writing to the Human Rights and Equal Opportunity Commission, paragraph 20(6)(b) of the Human Rights and Equal Opportunity Commission Act 1986 does not apply to the person; and

 (b) a person covered by subsection (1) has not made a complaint to the Commonwealth Ombudsman, paragraph 7(3)(b) of the Ombudsman Act 1976 does not apply to the person.

 (4) This section applies to a person covered by subsection (1) for as long as the person remains in immigration detention.

Note: The heading to section 193 is replaced by the heading “Application of law to certain non‑citizens while they remain in immigration detention”.

3  Paragraph 193(3)(a)

Repeal the paragraph, substitute:

 (a) a person covered by subsection (1) has not made a complaint in writing to the Human Rights and Responsibilities Commission, paragraph 20(6)(b) of the Human Rights and Responsibilities Commission Act 1986 does not apply to the person; and

4  Subsection 198(4)

Repeal the subsection.

5  After section 232

Insert:

232A  Organising bringing groups of non-citizens into Australia

  A person who:

 (a) organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of a group of 5 or more people; and

 (b) does so knowing the people would become, upon entry into Australia, unlawful non-citizens;

is guilty of an offence punishable, on conviction, by imprisonment for 20 years or 2,000 penalty units, or both.

6  Section 233 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

7  After section 233

Insert:

233A  Other offences relating to groups of non-citizens etc.

 (1) A person must not, in connection with:

 (a) the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non-citizens (which may include that person), or of any member of such a group; or

 (b) an application for a visa or a further visa permitting a group of 5 or more non‑citizens (which may include that person), or any member of such a group, to remain in Australia;

do any of the following:

 (c) present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document that the person knows is forged or false;

 (d) make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that the person knows is false or misleading in a material particular;

 (e) deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise furnish, or cause to be furnished, for official purposes of the Commonwealth, a document containing a statement or information that the person knows is false or misleading in a material particular.

 (2) A person must not transfer or part with possession of a document or documents:

 (a) with the intention that the document or documents be used to help a group of 5 or more people, none of whom are entitled to use the document or documents, or any member of such a group, to gain entry into or remain in Australia, or to be immigration cleared; or

 (b) if the person has reason to suspect that the document or documents may be so used.

Penalty: Imprisonment for 20 years or 2,000 penalty units, or both.

8  Section 234 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

9  Section 236 (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

10  Section 256

After “the person in immigration detention,”, insert “give to him or her application forms for a visa or”.

Note: The heading to section 256 is replaced by the heading “Person in immigration detention may have access to certain advice, facilities etc.”.

11  Subsection 492(1)

Omit “subsection (2)”, substitute “this section”.

12  At the end of section 492

Add:

 (3) A prosecution of a person for an offence against section 232A, 233 or 233A that is alleged to have been committed after the commencement of this subsection may be instituted at any time.

 

Schedule 2—Consequential amendments of the Telecommunications (Interception) Act 1979

 

1  Subsection 5(1)

Insert:

immigration offence means an offence against section 232A, 233, 233A, 234 or 236 of the Migration Act 1958.

2  At the end of paragraph 5D(3)(d)

Add:

 ; (xii) an immigration offence.


Schedule 3—Transitional

 

1  Effect of certain Schedule 1 amendments

The amendments made by items 1, 2, 4 and 10 of Schedule 1 are not intended to alter the effect of any orders made by a court before 3 December 1998.

 

   

[Minister’s second reading speech made in—

Senate on 3 December 1998

House of Representatives on 30 June 1999]

 

(235/98)


 

Overview

The Migration Legislation Amendment Act (No. 1) 1999 was enacted by the Parliament of Australia to address certain issues and gaps in the existing migration laws, particularly focusing on the regulation of non-citizens in immigration detention and the facilitation of unlawful immigration activities. This Act aims to provide stronger measures for the enforcement of migration laws, particularly in relation to organised groups and the presentation of false documents. The Act also includes provisions to ensure that non-citizens in immigration detention have access to certain legal and advisory services. The policy objective behind the Act is to enhance the effectiveness of the Migration Act 1958 by imposing stricter penalties and clarifying legal obligations for those involved in unlawful immigration activities. The Act came into effect on various dates as specified in its provisions, with certain sections coming into effect immediately after the Royal Assent and others on a date fixed by Proclamation, not later than six months from the date of Royal Assent.

Scope and Application

The Migration Legislation Amendment Act (No. 1) 1999 is designed to amend the Migration Act 1958, thereby impacting various aspects of Australian immigration law. The Act applies to persons, entities, and conduct associated with migration and immigration in Australia. Specifically, it affects non-citizens in immigration detention, those involved in the illegal facilitation or organisation of non-citizens entering or remaining in Australia, and those who knowingly present false information or documents in relation to immigration matters. The Act's jurisdiction is national, covering all states and territories within Australia. While the Act broadly amends the Migration Act 1958, certain sections have specific commencement dates, with some provisions taking effect immediately upon the Act's assent and others on a date to be fixed by Proclamation within six months of assent, or automatically after six months if not otherwise specified. The Act also includes consequential amendments to other legislation, such as the Telecommunications (Interception) Act 1979, to align definitions and enforcement capabilities with the new immigration-related offences. The amendments made by specific sections of the Act are not intended to affect the validity of any court orders made before certain dates, ensuring a smooth transition in the legal landscape.

Key Provisions

The Migration Legislation Amendment Act (No. 1) 1999 amends the Migration Act 1958 in several key ways, primarily concerning the rights and obligations of non-citizens in immigration detention. Under section 193, the Act modifies the application of the law to non-citizens in immigration detention, clarifying that certain legal obligations do not apply to them, such as filing complaints with the Human Rights and Equal Opportunity Commission or the Commonwealth Ombudsman (subsection 193(2)). Additionally, section 193 adds provisions to ensure that these legal protections do not apply as long as the person remains in immigration detention (subsection 193(3)). The Act also introduces new criminal offences related to the organised bringing of groups of non-citizens into Australia. For instance, section 232A imposes penalties for knowingly facilitating the entry of groups of five or more people who would become unlawful non-citizens upon entry (subsection 232A(a)). The penalties for these offences include imprisonment for up to 20 years and/or a fine of up to 2,000 penalty units (subsection 232A(b)). The Act imposes several obligations on individuals involved in the immigration process. It mandates that non-citizens in immigration detention cannot be required to file complaints with specific commissions (subsection 193(2)). Additionally, it requires that certain legal protections do not apply to non-citizens in immigration detention (subsection 193(3)). Furthermore, the Act prohibits individuals from presenting false documents or making false statements in relation to the immigration clearance or visa applications of groups of five or more non-citizens (section 233A). These obligations are designed to maintain the integrity of the immigration process and to prevent the misuse of immigration laws. Breaches of the Act can result in severe penalties. For example, organising or facilitating the entry of groups of non-citizens who would become unlawful non-citizens upon entry is punishable by imprisonment for up to 20 years and/or a fine of up to 2,000 penalty units (section 232A). Similarly, presenting false documents or making false statements in relation to immigration clearance or visa applications for such groups carries penalties of imprisonment for up to 20 years and/or a fine of up to 2,000 penalty units (section 233A). These stringent penalties underscore the seriousness with which the Act treats breaches related to the organised movement of non-citizens into Australia.

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Immigration & Refugee Law
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Act
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.