Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012

The majority voted in favour of an amendment introduced by Greens Senator Sarah Hanson-Young.

The amendment was: (a) the amendments (including any repeals) made by this Act have effect only for a period of 24 months from the commencement of this Act; and (b) any Act amended by this Act has effect after that period of 24 months as if the amendments had not been made.

In other words, this amendment puts a sunset clause on the amendments introduced by this bill.

Background to the bill

This bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement 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 for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters 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 by overriding the guardianship obligations under that Act.

References