Chapter One - Introduction
Background and purpose of the Bill
1.1
On 11
May 2006, the Senate referred the provisions of the Migration
Amendment (Designated Unauthorised Arrivals) Bill 2006 (Bill)
to the Senate Legal and Constitutional Legislation Committee for inquiry and
report by 13 June 2006.
1.2
The Bill proposes
to amend the Migration Act 1958 (Migration
Act) to expand the offshore processing regime introduced in 2001, which
currently applies to offshore entry persons and transitory persons. Under the Bill,
the offshore processing regime will also apply to all persons arriving at
mainland Australia
(meaning other than at an excised offshore place) unlawfully by sea on or after
13 April 2006. The concept
of 'offshore entry person' will be replaced by the concept of 'designated
unauthorised arrivals'.
1.3
The Bill will also deem certain air arrivals to
be entry by sea so that persons who travel most of the way to Australia by sea
but travel the last leg by air, before entering (on or after 13 April 2006) and
who become unlawful on entry, will be taken to have entered Australia by sea.
According to the Explanatory Memorandum (EM), this is to cover situations where
persons are airlifted into Australia
at the end of their sea journey.[1]
1.4
The EM states that the Bill 'provides the
flexibility to the Government to move a wider group of people to offshore
processing centres' which is 'designed to operate as a disincentive to people
who arrived on the mainland unauthorised by boat to defeat the existing
excision provisions'.[2] Further,
'nearly 9,000 people arrived unauthorised by boat in the two years to June 2001
but, following the legislative changes made in 2001, less then 200 people have
arrived although they have targeted areas which [are] not excised'.[3] The EM also claims that '(a)s a rule of
thumb, there was a saving of around $50,000 for each person whose unauthorised
arrival was avoided. The Government believes that these changes will further
reduce the incentive for unauthorised boat arrivals reducing costs further'.[4]
Conduct of the inquiry
1.5
The committee advertised the inquiry in The Australian newspaper on 12 May 2006, and invited
submissions by 22 May 2006.
Details of the inquiry, the Bill, and associated
documents were placed on the committee's website. The committee also wrote to
117 organisations and individuals.
1.6
The committee received 136 submissions which are
listed at Appendix 1. Submissions were placed on the committee's website for
ease of access by the public.
1.7
The committee held a public hearing in Canberra
on 26 May 2006 and in Sydney
on 6 June 2006. A list of
witnesses who appeared at the hearings is at Appendix 2 and copies of the
Hansard transcripts are available through the Internet at http://aph.gov.au/hansard.
Acknowledgement
1.8
The committee thanks those organisations and
individuals who made submissions and gave evidence at the public hearings.
Note on references
1.9
References in this report are to individual
submissions as received by the committee, not to a bound volume. References to
the committee Hansard are to the proof Hansard: page numbers may vary between
the proof and the official Hansard transcript.
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