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Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012

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7383

2010-2011-2012-2013

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012

 

 

(1)           Schedule 1, page 7 (after line 4), after item 19, insert:

19A  Subsection 198AD(1)

Omit “and 198AG”, substitute “, 198AG and 198AJ”.

[vulnerable persons]

(2)           Schedule 1, page 10 (after line 15), after item 47A, insert:

47B  At the end of Subdivision B of Division 8 of Part 2

Add:

198AJ  Vulnerable persons

             (1)  Section 198AD does not apply to an unauthorised maritime arrival if the person is a vulnerable person for the purpose of subsection (2).

             (2)  A person is a vulnerable person for the purpose of this subsection if:

                     (a)  the person is aged less than 18 years; or

                     (b)  the person is aged 18 years or over and is the parent or guardian (or other family member) of a person covered by paragraph (a).

[vulnerable persons]

(3)           Schedule 1, page 12 (after line 19), after item 61, insert:

61A  Application provision—section 198AJ

(1)       The amendments in items 19A and 47B apply from 13 August 2012.

(2)       Subitem (3) applies to a person if:

                     (a)  the person was an unauthorised maritime arrival at any time on or after 13 August 2012; and

                     (b)  the person was taken from Australia to a regional processing country pursuant to subsection 198AD(2) of the Migration Act 1958 ; and

                     (c)  the person was a vulnerable person for the purpose of subsection 198AJ(2) at the time the person was taken to the regional processing country; and

                     (d)  the person is a vulnerable person for the purpose of subsection 198AJ(2) at the date the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 receives the Royal Assent.

(3)       Subject to subitem (4), an officer must, as soon as reasonably practicable, take an offshore entry person to whom this subitem applies, from the regional processing country to a place located in Australia.

[vulnerable persons]

(4)           Page 14 (after line 21), at the end of the Bill, add:

Schedule 3—Further contingent amendments

Immigration (Guardianship of Children) Act 1946

1  Section 4 (definition of regional processing country )

Repeal the definition.

2  Paragraph 6(2)(b)

Repeal the paragraph.

3  Paragraph 8(3)(b)

Repeal the paragraph.

[vulnerable persons]