Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

MIGRATION LEGISLATION AMENDMENT BILL (NO. 2) 1996

1996

The Parliament of the
Commonwealth of Australia

THE SENATE




Presented and read a first time









Migration Legislation Amendment Bill (No. 2) 1996

No. , 1996

(Immigration and Multicultural Affairs)



A Bill for an Act to amend the Migration Act 1958, and for related purposes




9606920—1,015/20.6.1996—(69/96) Cat. No. 96 4750 3 ISBN 0644 450967

Contents


A Bill for an Act to amend the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Migration Legislation Amendment Act (No. 2) 1996.

2 Commencement

This Act is taken to have commenced on 19 June 1996.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 in writing 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 Subsection 198(4)

Repeal the subsection.

4 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.”



Schedule 2—Transitional

1 Effect of Schedule 1 amendments

The amendments made in Schedule 1 are not intended to alter the effect of any orders made by a court before the commencement of this Act.


 

[Index] [Search] [Download] [Related Items] [Help]