MIGRATION AMENDMENT ACT (No. 4) 1992 No. 235, 1992 - SECT 6

MIGRATION AMENDMENT ACT (No. 4) 1992 No. 235, 1992 - SECT 6

6. Before section 54S of the Principal Act the following section is inserted:
No actions for certain unlawful custody

"54RA.(1) If:

   (a)  a designated person was in custody after 19 November 1989 and before
        commencement; and

   (b)  that custody was unlawful; no action lies, and no action is taken to
        have lain, in any court (including any court of a State or Territory)
        against the Commonwealth, an officer or any other person for damages
        or compensation in respect of the custody, other than an action under
        subsection (2).

"(2) If:

   (a)  a designated person was in custody after 19 November 1989 and before
        commencement; and

   (b)  that custody was unlawful; the designated person has, under this
        subsection, a right of action in a court of competent jurisdiction for
        compensation in respect of the unlawful custody.

"(3) The compensation that may be awarded to a designated person in an action
under subsection (2) is to be $1 for each day of the person's unlawful
custody.

"(4) To avoid doubt, a designated person does not have any right to remain in
Australia because only:

   (a)  the person is contemplating, or has begun, an action under subsection
        (2); or

   (b)  the person has, or is taking steps to enforce, a right of action in
        respect of unlawful custody to which subsections (1) and (2) do not
        apply.".