2004-2005-2006

The Parliament of the
Commonwealth of Australia

THE SENATE



Presented and read a first time




Migration Legislation Amendment (End
of Mandatory Detention) Bill 2006
No.            , 2006
(Senator Bartlett)




A Bill for an Act to end the mandatory detention of
visa applicants and asylum seekers, and for related
purposes


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                 1        Short title ............................................................................................ 1
                 2        Commencement .................................................................................. 1
                 3        Schedule(s) ......................................................................................... 1

Schedule 1--Amendme nt of the Migration Act 1958                                                                                  2




i   Migration Legislation Amendment (End of Mandatory Detention) Bill 2006                                    No.         , 2006


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19   A Bill for an Act to end the mandatory detention of
20   visa applicants and asylum seekers, and for related
21   purposes
22   The Parliament of Australia enacts:
23   1 Short title
24               This Act may be cited as the Migration Legislation Amendment
25               (End of Mandatory Detention) Act 2006.

26   2 Commence ment
27               This Act commences on the day on which it receives the Royal
28               Assent.

29   3 Schedule(s)
30               Each Act that is specified in a Schedule to this Act is amended or
31               repealed as set out in the applicable items in the Schedule
32               concerned, and any other item in a Schedule to this Act has effect
33               according to its terms.
34


        Migration Legislation Amendment (End of Mandatory Detention) Bill 2006   No.   , 2006
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 1
 2   Schedule 1--Amendment of the Migration Act
 3         1958
 4   1 After section 189
 5           Insert:

 6   189A Conditions of arrest
 7           (1) An officer who has detained a person under section 189 must, as
 8               soon as practicable, take the person before a magistrate for a
 9               hearing and action in accordance with subsection (2).
10           (2) If the magistrate is satisfied that the person is a person to whom
11               section 189 applies, and that his or her continued detention is, in all
12               the circumstances, appropriate, the magistrate may issue a warrant:
13                 (a) authorising the officer to convey the person to a detention
14                      centre established under this Act; and
15                 (b) directing that the person, having been conveyed to that place
16                      in accordance with the warrant, be detained there until:
17                        (i) the person is released from detention pursuant to
18                            paragraph 196(1)(c); or
19                       (ii) a date specified in the warrant.
20           (3) To avoid doubt, section 189 does not apply to a person once he or
21               she has been released from detention under this section.

22   2 Subsection 196(3)
23           Repeal the subsection.




     2      Migration Legislation Amendment (End of Mandatory Detention) Bill 2006   No.   ,
     2006