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Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014


Type
Government
Originating house
House of Representatives
Status
Act
Portfolio
Immigration and Border Protection

Summary

Amends the: Maritime Powers Act 2013 to: provide clarity and consistency in relation to powers to detain and move vessels and people; clarify the relationship between the Act and other laws; and provide for the minister to give directions about the exercise of maritime powers; Migration Act 1958 to: introduce temporary protection for those who engage Australia’s non-refoulement obligations and who arrive in Australia illegally; create the authority to make deeming regulations; create the Safe Haven Enterprise Visa class; introduce a fast track assessment process and remove access to the Refugee Review Tribunal (RRT); establish the Immigration Assessment Authority within the RRT to consider fast track reviewable decisions; clarify the availability of removal powers independent of assessments of Australia’s non-refoulement obligations; codify Australia’s interpretation of its protection obligations under the Refugees Convention; clarify the legal status of children of unauthorised maritime arrivals and transitory persons; and enable the minister to place a statutory limit on the number of protection visas granted; and Maritime Powers Act 2013, Migration Act 1958, Administrative Decisions (Judicial Review) Act 1997, Immigration (Guardianship of Children) Act 1946 and Migration Regulations 1994 to make consequential amendments.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

House of Representatives
Introduced and read a first time 25/09/14  
Second reading moved 25/09/14  
Second reading debate 22/10/14  
Second reading agreed to 22/10/14  
Third reading agreed to 22/10/14  
     
Senate
Introduced and read a first time 28/10/14  
Second reading moved 28/10/14  
Second reading debate 03/12/14  
Second reading debate 04/12/14  
Second reading agreed to 04/12/14  
Committee of the Whole debate 04/12/14 Amendment details: 24 Government and 1 Opposition agreed to
Third reading agreed to 04/12/14
(after midnight)
 
     
House of Representatives
Consideration of Senate message 05/12/14 Details: House agreed to Senate amendments
     
Finally passed both Houses 05/12/14  
Assent 15/12/14 Act no.: 135 - Year: 2014
     

Text of bill

  • First reading

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  • As passed by both Houses

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum relating to sheet GH117

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  • Supplementary explanatory memorandum relating to sheet GH118

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  • Supplementary explanatory memorandum relating to sheet HA108

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  • Supplementary explanatory memorandum relating to sheet HA110

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Second reading speeches


Proposed amendments

Senate
  • Australian Greens/Opposition [sheets 7645, 7629, 7630, 7617, 7636, 7641, 7649, 7637, 7638, 7639 Revised, 7640]
HANSON-YOUNG, Sen Sarah
CARR, Sen Kim

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  • Government [sheet HA110]

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  • Government [sheet HA108]

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  • Government [sheet GH118]

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  • Government [sheet GH117]

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  • Opposition [sheet 7646]
CARR, Sen Kim

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Schedules of amendments

  • Schedule of the amendments made by the Senate

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Bills Digest



Notes
  • Referred to Committee (25/09/2014): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (24/11/2014)
  • An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)