Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024

The majority voted in favour of a motion "that the bill be read a second time" (parliamentary jargon for agreeing with the main idea of the bill). This means they can now consider the bill in greater detail.

What is the bill's main idea?

According to the bills digest:

The Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 (the Bill) will amend the Migration Act 1958 to allow the Minister to determine, via a disallowable legislative instrument, that an item is a ‘prohibited thing’ in relation to immigration detention facilities and immigration detainees.

The Bill will also:

• allow authorised officers and officers’ assistants to search, without a warrant, immigration detention facilities operated by or on behalf of the Commonwealth, including with the use of detector dogs

• expand search and seizure powers in relation to immigration detainees and

• allow the Minister to direct that an officer must exercise his or her seizure powers in certain circumstances.

The Bill is similar to previous Bills which were tabled in Parliament in 2017 and 2020 but were not passed. It includes additional provisions which introduce safeguards which are aimed at responding to concerns raised by stakeholders on the previous Bills, including providing access to alternative means of communication if a mobile phone (for example) is seized.

Many submissions to the Senate inquiry into the 2020 Bill highlighted specific concerns with multiple aspects of the 2020 Bill. Concerns generally centred around 3 key thematic issues: the intended prohibition on mobile phones; the ‘securitisation’ of immigration detention; and the increased use of coercive powers. Concerns were also raised about the constitutional validity of the 2020 Bill.

At the time of writing, the Bill has been listed for debate in the Senate less than a week following its introduction and has not been referred to or reported on by any parliamentary committees.