2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 (Immigration and Citizenship) A Bill for an Act to amend the law relating to migration, and for other purposes [Page Break] 1 Short title ............................................................................................ 1 2 Commencement .................................................................................. 1 3 Schedule(s) ......................................................................................... 3 Schedule 1--Amendme nts 4 Part 1--General amendments 4 Migration Act 1958 4 Part 2--Amendments relating to sponsorship undertakings 8 Migration Act 1958 8 Part 3--Amendments relating to sponsorship obligations 9 Migration Act 1958 9 i Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 [Page Break] 2 migration, and for other purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Migration Amendment (Abolishing 6 Detention Debt) Act 2009. 7 2 Commence ment 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, A single day to be fixed by Proclamat ion. Part 1 However, if any of the provision(s) do not commence with in 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 1, At the same time as the provision(s) covered Part 2 by table item 2. However, if Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008 commences at or before that time, the provision(s) do not commence at all. 4. Schedule 1, The later of: items 30 to 32 (a) immediately after the co mmencement of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008; and (b) the start of the day on which the provision(s) covered by table item 2 commence. 5. Schedule 1, At the same time as the provision(s) covered item 33 by table item 4. However, if Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008 commences after the time the provision(s) covered by table item 2 commence, the provision(s) do not commence at all. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 2 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 [Page Break] 2 part of this Act. Information in this column may be added to or 3 edited in any published version of this Act. 4 3 Schedule(s) 5 Each Act that is specified in a Schedule to this Act is amended or 6 repealed as set out in the applicable items in the Schedule 7 concerned, and any other item in a Schedule to this Act has effect 8 according to its terms. 9 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 3 [Page Break] Part 1 General amendments 1 Schedule 1--Amendments 2 Part 1--General amendments 3 Migration Act 1958 4 1 Section 145 5 Before "If", insert "(1)". 6 2 At the end of section 145 7 Add: 8 (2) For the purposes of paragraph (1)(c), the cost of keeping the 9 non-citizen in Australia does not include the cost of immigration 10 detention (if any). 11 3 At the end of section 146 12 Add: 13 (3) For the purposes of paragraph (1)(b), the cost of keeping the 14 non-citizen in Australia does not include the cost of immigration 15 detention (if any). 16 4 Section 147 17 Before "If", insert "(1)". 18 5 At the end of section 147 19 Add: 20 (2) For the purposes of paragraph (1)(c), the cost of keeping the 21 non-citizen in Australia does not include the cost of immigration 22 detention (if any). 23 6 Section 148 24 Before "If", insert "(1)". 25 7 At the end of section 148 26 Add: 4 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 [Page Break] General amendments Part 1 1 (2) For the purposes of paragraph (1)(c), the cost of keeping the 2 non-citizen in Australia does not include the cost of immigration 3 detention (if any). 4 8 Transitional--cessation of arrangements to the extent that 5 they relate to detention debt 6 (1) An arrangement: 7 (a) referred to in paragraph 145(c), 146(1)(b), 147(c) or 148(c) 8 of the Migration Act 1958; and 9 (b) that existed immediately before the commencement of this 10 Part; 11 ceases to have effect on that commencement to the extent that it was an 12 arrangement to pay the Commonwealth an amount relating to the cost 13 of a person's immigration detention. 14 (2) This item does not affect the validity of a certificate given under 15 section 145, 146, 147 or 148 of that Act. 16 9 Subsection 151(3) 17 Omit ", accommodation or immigration detention", substitute "or 18 accommodation (other than immigration detention)". 19 10 Division 10 of Part 2 (heading) 20 Repeal the heading, substitute: 21 Division 10--Costs etc. of removal and deportation 22 11 Section 207 (definition of costs) 23 Repeal the definition, substitute: 24 costs means the fares and other costs to the Commonwealth of 25 transporting: 26 (a) a non-citizen; and 27 (b) a custodian of the non-citizen; 28 from Australia to the place outside Australia to which the 29 non-citizen is removed or deported. 30 12 Section 207 (definition of daily maintenance amount) 31 Repeal the definition. Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 5 [Page Break] Part 1 General amendments 1 13 Sections 208, 209 and 211 2 Repeal the sections. 3 14 Subsection 213(1) 4 Omit all the words after "the carriers", substitute "of the non-citizen to 5 pay the costs of the non-citizen's removal, or deportation, from 6 Australia should that happen.". 7 Note: The heading to section 213 is altered by omitting "detention,". 8 15 Section 214 9 Omit "detention,". 10 16 Paragraphs 222(1)(a) and (b) 11 Omit "209, 210, 211", substitute "210". 12 17 Paragraphs 223(2)(b) and (c) 13 Omit "209, 210, 211", substitute "210". 14 18 Paragraphs 223(10)(b) and (c) 15 Omit "209, 210, 211", substitute "210". 16 19 Paragraphs 224(3)(c) and (d) 17 Omit "209, 210, 211", substitute "210". 18 20 Subsections 224(4) and (5) 19 Omit "209, 210, 211", substitute "210". 20 21 Section 262 21 Before "A", insert "(1)". 22 22 Paragraph 262(c) 23 Omit "a fair amount", substitute "the amount applicable to the person 24 under subsection (2)". 25 23 At the end of section 262 26 Add: 6 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 [Page Break] General amendments Part 1 1 (2) The Minister may, by legislative instrument, determine a daily 2 amount for the keeping and maintaining of a person in immigration 3 detention at a specified place in a specified period. 4 (3) An amount determined under subsection (2) is to be no more than 5 the cost to the Commonwealth of detaining a person at that place in 6 that period. 7 24 Subsection 474(4) (table item 1) 8 Omit "detention,". 9 25 Extinguishment of outstanding detention debts 10 (1) An immigration detention liability that existed under one or more of the 11 following immediately before the commencement of this Part: 12 (a) section 209, 211, 262 or 264, or subsection 151(3) or 213(3), 13 of the Migration Act 1958; 14 (b) an undertaking or obligation prescribed by regulations made 15 for the purposes of subsection 140H(1) of that Act; 16 (c) an arrangement referred to in paragraph 145(c), 146(1)(b), 17 147(c) or 148(c) of that Act; 18 (d) any other instrument; 19 ceases on the commencement of this Part. 20 (2) In this item: 21 immigration detention liability means a liability to the extent that it was 22 a liability to pay the Commonwealth an amount relating to the cost of: 23 (a) a person's immigration detention; or 24 (b) a non-citizen's detention under the Migration Act 1958. 25 Note 1: The liability ceases to be recoverable as a debt. 26 Note 2: The liability ceases even if the Commonwealth had previously written it off. 27 Note 3: This item does not apply to a liability to the extent that a person had already discharged 28 it. 29 Note 4: This item does not cease a person's liability, under section 262 of that Act, to pay the 30 costs of immigration detention for detention happening after the commencement of this 31 Part. 32 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 7 [Page Break] Part 2 A mend ments relating to sponsorship undertakings 1 Part 2--Amendments relating to sponsorship 2 undertakings 3 Migration Act 1958 4 Note: This Part does not commence if Schedule 1 to the Migration Legislation Amendment 5 (Worker Protection) Act 2008 commences before (or at the same time as) Part 1 to this 6 Schedule. If that happens, the corresponding amendments in Part 3 commence instead. 7 26 Subsection 140H(1) (paragraph (b) of the note) 8 Omit ", detaining". 9 27 At the end of section 140H 10 Add: 11 (5) Regulations made for the purposes of subsection (1) cannot 12 prescribe an undertaking to pay the cost of a person's immigration 13 detention. 14 28 Subsection 140I(4) 15 Omit "and detaining". 16 29 Transitional--cessation of undertakings to the extent that 17 they relate to detention debt 18 An undertaking: 19 (a) prescribed by regulations made for the purposes of 20 subsection 140H(1) of the Migration Act 1958; and 21 (b) that existed immediately before the commencement of this 22 Part; 23 ceases to have effect on that commencement to the extent that it was an 24 undertaking to pay the Commonwealth an amount relating to the cost of 25 a person's immigration detention. 26 8 Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 [Page Break] Amend ments relating to sponsorship obligations Part 3 1 Part 3--Amendments relating to sponsorship 2 obligations 3 Migration Act 1958 4 30 Subsection 140H(1) (paragraph (b) of the note) 5 Omit ", detaining". 6 31 At the end of section 140H 7 Add: 8 (7) The regulations cannot prescribe, as a sponsorship obligation, an 9 obligation to pay the Commonwealth an amount relating to the cost 10 of a person's immigration detention. 11 32 Subsection 140J(1) (example) 12 Omit "and detaining". 13 33 Transitional--cessation of undertakings to the extent that 14 they relate to detention debt 15 An undertaking: 16 (a) prescribed by regulations made for the purposes of 17 subsection 140H(1) of the Migration Act 1958; and 18 (b) that continued to have effect on the commencement of 19 Schedule 1 to the Migration Legislation Amendment (Worker 20 Protection) Act 2008 because of Part 2 of that Schedule; and 21 (c) that existed immediately before the commencement of this 22 Part; 23 ceases to have effect on the commencement of this Part to the extent 24 that it was an undertaking to pay the Commonwealth an amount relating 25 to the cost of a person's immigration detention. 26 Note: This item does not commence if Schedule 1 to the Migration Legislation Amendment 27 (Worker Protection) Act 2008 commences after Part 1 to this Schedule. If that happens, 28 any sponsorship undertakings to pay the costs of immigration detention will have 29 already ceased because of Part 2 of this Schedule. Migration Amendment (Abolishing Detention Debt) Bill 2009 No. , 2009 9