Migration Legislation Amendment (The Bali Process) Bill 2012

This division relates to the Policy For refugee and protection international conventions.

The majority voted in favour a motion to put the question, which was introduced by Labor MP Anthony Albanese. The question in this case was that previously moved Liberal amendments be agreed to.(That division is available here. )

This motion is a parliamentary procedure. When the question is put, debate stops and a division is called. This means that moving that the question be put can effectively put an end to debate. Someone who votes aye in support of this division is voting in favour of ending debate on the amendments.

Background to the bill

The bill was introduced by Independent MP Rob Oakeshott in response to the High Court's decision in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here. )

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country to assess their refugee claims.(More information about this bill and context can be found here.) It also amends the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia. However, these amendments would only have effect for a period of 12 months.

By making these amendments, the bill attempts to codify the Bali Process into domestic law.

References