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This is a Bill, not an Act. For current law, see the Acts databases.
MIGRATION AMENDMENT (STRENGTHENING THE CHARACTER TEST AND OTHER PROVISIONS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Strengthening
the Character Test and Other
Provisions) Bill 2011
No. , 2011
(Immigration and Citizenship)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
i Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Migration Act 1958
3
Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011 No.
, 2011 1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Strengthening
5
the Character Test and Other Provisions) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Migration Amendment (Strengthening the Character Test and Other Provisions) Bill
2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
item 1
The day after this Act receives the Royal
Assent.
3. Schedule 1,
items 2 to 6
26 April 2011.
26 April 2011
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Migration Act 1958 Schedule 1
Migration Amendment (Strengthening the Character Test and Other Provisions) Bill 2011 No.
, 2011 3
Schedule 1--Migration Act 1958
1
2
1 Subsection 197B(1) (penalty)
3
Omit "3 years", substitute "5 years".
4
2 At the end of subsection 500A(3)
5
Add:
6
; or (d) the person has been convicted of an offence that was
7
committed:
8
(i) while the person was in immigration detention; or
9
(ii) during an escape by the person from immigration
10
detention; or
11
(iii) after the person escaped from immigration detention but
12
before the person was taken into immigration detention
13
again; or
14
(e) the person has been convicted of an offence against
15
section 197A.
16
3 Subsection 500A(4)
17
After "a sentence imposed on a person", insert ", or the conviction of a
18
person for an offence,".
19
4 After paragraph 501(6)(a)
20
Insert:
21
(aa) the person has been convicted of an offence that was
22
committed:
23
(i) while the person was in immigration detention; or
24
(ii) during an escape by the person from immigration
25
detention; or
26
(iii) after the person escaped from immigration detention but
27
before the person was taken into immigration detention
28
again; or
29
(ab) the person has been convicted of an offence against
30
section 197A; or
31
5 Subsection 501(10)
32
Schedule 1 Migration Act 1958
4 Migration Amendment (Strengthening the Character Test and Other Provisions) Bill
2011 No. , 2011
After "a sentence imposed on a person", insert ", or the conviction of a
1
person for an offence,".
2
6 Application of amendments made by items 2 to 5
3
The amendments made by items 2 to 5 apply for the purposes of making
4
a decision on or after the commencement of those items, whether the
5
conviction or offence concerned occurred before, on or after that
6
commencement.
7