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Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Bill 2001

 

 

 

 

Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001

 

No. 128, 2001



 

 

 

 

Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001

 

No. 128, 2001

 

 

 

 

An Act to make consequential provision for dealing with unauthorised arrivals in places excised from the migration zone under the Migration Act 1958 for purposes related to unauthorised arrivals, and for related purposes

   

   



Contents

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

2............ Commencement.................................................................................. 2

3............ Schedule(s).......................................................................................... 2

4............ Application of amendments............................................................... 2

Schedule 1—Amendment of the Migration Act 1958                                          3

Schedule 2—Amendment of the Migration Regulations 1994                       6

 



Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001

No. 128, 2001

 

 

 

An Act to make consequential provision for dealing with unauthorised arrivals in places excised from the migration zone under the Migration Act 1958 for purposes related to unauthorised arrivals, and for related purposes

[ Assented to 27 September 2001 ]

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 .

2   Commencement

                   This Act commences, or is taken to have commenced, at the same time as the Migration Amendment (Excision from Migration Zone) Act 2001 .

3   Schedule(s)

             (1)  Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

             (2)  The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor-General.

             (3)  To avoid doubt, regulations amended under subsection (1) are taken to still be regulations.

4   Application of amendments

                   The amendment made by item 7 of Schedule 1 applies to:

                     (a)  the institution of proceedings on or after the day on which this Act receives the Royal Assent; and

                     (b)  the continuation, after the day on which this Act receives the Royal Assent, of proceedings that were instituted before that day, being proceedings instituted after the excision time for the excised offshore place concerned.

Example:    Proceedings of the kind mentioned in section 494AA of the Migration Act are instituted, before the day on which this Act receives the Royal Assent, in relation to a person who became an offshore entry person by entering Australia at Christmas Island. Those proceedings cannot be continued after the day on which this Act receives the Royal Assent.