Senate debates

Thursday, 16 May 2013


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

12:04 pm

Photo of Kate LundyKate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Hansard source

by leave—I move government amendments (1) to (3) on sheet BV293 together:

(1) Schedule 1, item 47A, page 10 (after line 15), after section 198AI, insert:

198AJ Reports about unauthorised maritime arrivals

(1) The Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the end of a financial year, a report on the following:

  (a) arrangements made by regional processing countries during the financial year for unauthorised maritime arrivals who make claims for protection under the Refugees Convention as amended by the Refugees Protocol, including arrangements for:

     (i) assessing those claims in those countries; and

     (ii) the accommodation, health care and education of those unauthorised maritime arrivals in those countries;

(b) the number of those claims assessed in those countries in the financial year;

  (c) the number of unauthorised maritime arrivals determined in those countries in the financial year to be covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol.

(2) However, a report under this section need deal with a particular regional processing country in accordance with subsection (1) only so far as information provided by the country makes it reasonably practicable for the report to do so.

(3) A report under this section must not include:

  (a) the name of a person who is or was an unauthorised maritime arrival; or

  (b) any information that may identify such a person; or

(c) the name of any other person connected in any way with any person covered by paragraph (a); or

  (d) any information that may identify that other person.

(2) Schedule 1, heading to Part 2, page 12 (line 1), after "Application", insert ", transitional".

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

61A Transitional provision—section 198AJ of the Migration Act

  Section 198AJ of the Migration Act applies to the period beginning on 13 August 2012 and ending on the first 30 June after commencement as if that period were a financial year.

The Senate Legal and Constitutional Affairs Committee report made a recommendation that the bill be amended to require the Minister for Immigration and Citizenship to report annually to both houses of parliament with respect to matters relating to unauthorised maritime arrivals, including arrangements for assessing their claims, accommodation, health care and education. Additionally, the committee recommended the minister report on the number of asylum claims by unauthorised maritime arrivals that are assessed and determined to be refugees during each 12-month period. This amendment gives effect to those recommendations.


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