2010-2011

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

SENATE

 

 

 

 

 

 

 

 

 

Migration Amendment (Declared Countries) Bill (No. 2) 2011

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by the authority of Senator Hanson-Young)

 

 

 

GENERAL OUTLINE: Policy Rationale

 

The very nature of the debate around whether Australia will send asylum seekers who have arrived by boat, seeking our protection, to a third country, be it Malaysia, Papua New Guinea, Manus Island or Nauru, should not be a decision left to the Minister of the day.



The Migration Amendment (Declared Countries) Bill (No. 2) 2011 seeks to amend the Migration Act 1958 and the Legislative Instruments Act 2003 to require that any agreement to send asylum seekers to a third country is brought before both houses of Parliament as a disallowable instrument.



This Bill is not about preventing the Government from engaging in international affairs, or overriding any attempt to negotiate a genuine regional protection framework, but rather acknowledges that any proposal of this nature is given the attention and debate it deserves.





NOTES ON CLAUSES

Clause 1 - Short title

 

This clause provides for the bill, when enacted, to be cited as the Migration Amendment (Declared Countries) Act (No. 2) 2011.

 

Clause 2 - Commencement

 

This clause provides for sections 1 to 3 of the Act to commence on the day it receives Royal Assent, and Schedules 1 and 2 to commence the day after this Act receives Royal Assent.

 

Clause 3 - Schedule(s)

 

This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

 

Schedule 1 - Amendment of the Migration Act 1958

 

 

   Item 1 - After subsection 198A(4) insert subsections 198A(4A) and (4B) 

 

  This amendment ensures that any declaration that is made under subsection 198A(3) is a disallowable legislative instrument, that cannot come into effect until it is laid on the table of both Houses of Parliament. 

  

   Schedule 2 - Amendment of the   Legislative Instruments Act 2003  

 

  Item 1 - subsection 44(2) (table item 26) 

 

 This amendment ensures that declarations made under subsection 198A(3) are disallowable legislative instruments.