Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT (No. 6) 1995 No. 102, 1995 - SECT 4

Background
4.(1) Judicial decisions have determined that section 88 (previously section
36) of the Principal Act has a particular operation. That operation does not
accord with the intention of the Parliament or with the previous understanding
of the Minister and the Department. Prior to those judicial decisions, none of
the persons subject to custody under section 88 sought to challenge their
custody under that section on the basis of the interpretation that section was
found to have in those decisions.

Object of amendment

(2) The object of sections 8 and 9 is to ensure that sections 87 (previously
section 35) and 88 of the Principal Act have, and since 1 November 1989 have
had, an operation that is consistent with the operation that the Minister and
the Department previously understood those sections to have had and that the
Parliament intends those sections to have.

Difference from previous understanding

(3) Section 9 also provides appropriate time limits to apply to the custody of
persons under section 88 of the Principal Act in cases where the custody may
otherwise be indefinite.