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Migration Amendment (Detention of Minors) Bill 2010

 

2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Migration Amendment (Detention of Minors) Bill 2010

 

No.      , 2010

 

(Senator Hanson-Young)

 

 

 

A Bill for an Act to amend the Migration Act 1958 to prohibit the detention of minors in detention centres, and for related purposes

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Objects................................................................................................ 2

4............ Schedule(s)......................................................................................... 3

Schedule 1—Amendments relating to the detention of minors                   4

Migration Act 1958                                                                                                      4

Schedule 2—Amendments relating to the guardianship of minors          7

Migration Act 1958                                                                                                      7

Part 1—Appointment of a guardian                                                                       7

Part 2—Children’s Commissioner                                                                           8



A Bill for an Act to amend the Migration Act 1958 to prohibit the detention of minors in detention centres, and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Migration Amendment (Detention of Minors) Act 2010 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 4 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The day after this Act receives the Royal Assent

 

3.  Schedule 2, Part 1

The day after this Act receives the Royal Assent

 

4.  Schedule 2, Part 2

Immediately after the commencement of the Commonwealth Commissioner for Children and Young People Act 2010 , but if that event does not occur, the Part does not commence at all.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Objects

                   The objects of this Act are:

                     (a)  to provide that children detained under the Migration Act 1958 not be held in immigration detention facilities but instead be placed, along with their immediate family members or guardians, in community residential facilities; and

                     (b)  to uphold Australia’s international obligations under the United Nations Convention on the Rights of the Child, particularly as they relate to:

                              (i)  the primacy of the consideration of the child’s best interests (Article 4); and

                             (ii)  the principle that children must only be detained as a measure of last resort (Article 37).

4   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.