Division Description Changes — Bills — Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading — 16th Aug 2012

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senate vote 2012-08-16#4 Edited by system on 2014-10-07 16:20:53	Title Description ~~The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].~~ ~~This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.~~ The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims. ~~''Background to the bill''~~ The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].) To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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~~ The majority voted in favour of a [motion](http://www.openaustralia.org/senate/?gid=2012-08-16.127.9) to read the bill a [second time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims. _Background to the bill_ The [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22) 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_](http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query=) () HCA 32, which put an end to the Labor Government's [Malaysia Solution](http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration) policy.(Read more about the decision on Wikipedia [here](http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship) and on ABC News [here](http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218). Read more about the effect of this decision on the Malaysia Solution [here](http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154).) To this end, the bill amends the _Migration Act 1958_ to replace the existing framework for taking [offshore entry persons](http://www.refugeecouncil.org.au/r/glo.php) 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](http://en.wikipedia.org/wiki/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
senate vote 2012-08-16#4 Edited by system on 2014-10-07 16:16:51	Title Description The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time]. This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims. ''Background to the bill'' The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1] The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].) To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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 * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].
senate vote 2012-08-16#4 Edited by mackay staff on 2014-02-24 10:06:15	Title Description The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time]. This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims. ''Background to the bill'' The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1] To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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 * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].
senate vote 2012-08-16#4 Edited by mackay staff on 2014-02-24 09:41:25	Title Description The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time]. This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. ~~The purpose of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.~~ The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims. ''Background to the bill'' The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1] To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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 * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
senate vote 2012-08-16#4 Edited by mackay staff on 2014-02-21 16:23:13	Title Description The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time]. This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. ~~The main idea of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.~~ The purpose of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims. ''Background to the bill'' The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1] To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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 * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
senate vote 2012-08-16#4 Edited by mackay staff on 2014-02-21 16:20:53	Title Bills - Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 - Second Reading - Read a second time Description ~~<p> This is a vote on the second reading of the <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> in the Senate. </p>~~ The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time]. <p> Someone who votes aye supports the main idea of this Bill. The majority voted aye, so the Bill progressed to the Committee and Third Reading stage. </p> This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail. ~~<b>Background to the Bill</b>~~ <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons 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. This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p> The main idea of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims. <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>. </p> ''Background to the bill'' The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1] To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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 * [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
senate vote 2012-08-16#4 Edited by Natasha Burrows on 2013-09-13 11:18:29	Title ~~Bills — Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading~~ Bills - Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading Description ~~<p class="speaker">Nick Xenophon</p>~~ ~~<p>I move the second reading amendment standing in my name:</p>~~ ~~<p class="italic">At the end of the motion, add:</p>~~ <p class="italic">     but the Senate calls on the Government to:</p> <p class="italic">     (a)   after at least 9 months, but no later than 12 months, of the commencement of the provisions of this bill, commission a further report by the members of the Expert Panel of Asylum Seekers, to consider all aspects of the offshore processing legislative framework (including any human rights and other consequences) and to determine whether this framework has been successful in reducing the number of irregular maritime arrivals; and</p> <p class="italic">     (b)   require this Panel to complete such a report within three months; and</p> ~~<p class="italic">     (c)   publicly release this report within 14 days of its receipt by the Government.</p>~~ <p>Question negatived.</p> <p class="speaker">John Hogg</p> ~~<p>The question now is that the bill be now read a second time.</p>~~ <p> This is a vote on the second reading of the <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> in the Senate. </p> <p> Someone who votes aye supports the main idea of this Bill. The majority voted aye, so the Bill progressed to the Committee and Third Reading stage. </p> <b>Background to the Bill</b> <p> This Bill was introduced in response to the High Court's judgement in <i> Plaintiff M70/2011 v Minister for Immigration and Citizenship </i> [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the <i> Migration Act 1958 </i> to replace the framework for allowing the offshore processing of persons 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. This Bill also alters the <i> Immigration (Guardianship of Children) Act 1946 </i> in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The <i> Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 </i> overrides the guardianship obligations under the <i>Immigration (Guardianship of Children) Act 1946</i>. </p> <p> More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>. </p>

Change

Division

senate vote 2012-08-16#4

Edited by system

on 2014-10-07 16:20:53

Title

Description

~~The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].~~
~~This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.~~
The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.
~~''Background to the bill''~~
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].)
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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~~
The majority voted in favour of a [motion](http://www.openaustralia.org/senate/?gid=2012-08-16.127.9) to read the bill a [second time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html).
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.
_Background to the bill_
The [bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22) 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_](http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query=) () HCA 32, which put an end to the Labor Government's [Malaysia Solution](http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration) policy.(Read more about the decision on Wikipedia [here](http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship) and on ABC News [here](http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218). Read more about the effect of this decision on the Malaysia Solution [here](http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154).)
To this end, the bill amends the _Migration Act 1958_ to replace the existing framework for taking [offshore entry persons](http://www.refugeecouncil.org.au/r/glo.php) 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](http://en.wikipedia.org/wiki/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

senate vote 2012-08-16#4

Edited by system

on 2014-10-07 16:16:51

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.
''Background to the bill''
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] () HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.(Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].)
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].

senate vote 2012-08-16#4

Edited by mackay staff

on 2014-02-24 10:06:15

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.
''Background to the bill''
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].

senate vote 2012-08-16#4

Edited by mackay staff

on 2014-02-24 09:41:25

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
~~The purpose of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.~~
The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.
''Background to the bill''
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].

senate vote 2012-08-16#4

Edited by mackay staff

on 2014-02-21 16:23:13

Title

Description

The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
~~The main idea of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.~~
The purpose of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.
''Background to the bill''
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].

senate vote 2012-08-16#4

Edited by mackay staff

on 2014-02-21 16:20:53

Title

Bills - Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading
Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 - Second Reading - Read a second time

Description

~~ This is a vote on the second reading of the Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 in the Senate. ~~
The majority voted in favour of a [http://www.openaustralia.org/senate/?gid=2012-08-16.127.9 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html second time].
 Someone who votes aye supports the main idea of this Bill. The majority voted aye, so the Bill progressed to the Committee and Third Reading stage.
This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.
~~Background to the Bill~~
 This Bill was introduced in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the Migration Act 1958 to replace the framework for allowing the offshore processing of persons 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. This Bill also alters the Immigration (Guardianship of Children) Act 1946 in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 overrides the guardianship obligations under the Immigration (Guardianship of Children) Act 1946.
The main idea of the bill is to introduce a new framework for taking offshore entry persons to another country for assessment of their refugee claims.
 More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.
''Background to the bill''
The [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22 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 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2011/32.html?query= ''Plaintiff M70/2011 v Minister for Immigration and Citizenship''] [2011] HCA 32, which put an end to the Labor Government's [http://en.wikipedia.org/wiki/Malaysian_Solution#Immigration Malaysia Solution] policy.[1]
To this end, the bill amends the ''Migration Act 1958'' to replace the existing framework for taking [http://www.refugeecouncil.org.au/r/glo.php 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 [http://en.wikipedia.org/wiki/Christmas_Island 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
* [1] Read more about the decision on Wikipedia [http://en.wikipedia.org/wiki/Plaintiff_M70/2011_%26_Plaintiff_M106_of_2011_by_his_Litigation_Guardian_v_Minister_for_Immigration_and_Citizenship here] and on ABC News [http://www.abc.net.au/news/2011-08-31/high-court-rules-on-asylum-seeker-challenge/2864218 here].

senate vote 2012-08-16#4

Edited by Natasha Burrows

on 2013-09-13 11:18:29

Title

~~Bills — Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading~~
Bills - Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Second Reading

Description

~~Nick Xenophon~~
~~I move the second reading amendment standing in my name:~~
~~At the end of the motion, add:~~
     but the Senate calls on the Government to:
     (a)   after at least 9 months, but no later than 12 months, of the commencement of the provisions of this bill, commission a further report by the members of the Expert Panel of Asylum Seekers, to consider all aspects of the offshore processing legislative framework (including any human rights and other consequences) and to determine whether this framework has been successful in reducing the number of irregular maritime arrivals; and
     (b)   require this Panel to complete such a report within three months; and
~~     (c)   publicly release this report within 14 days of its receipt by the Government.~~
Question negatived.
John Hogg
~~The question now is that the bill be now read a second time.~~
This is a vote on the second reading of the  Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 in the Senate.
 Someone who votes aye supports the main idea of this Bill. The majority voted aye, so the Bill progressed to the Committee and Third Reading stage. 
Background to the Bill
 This Bill was introduced in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] that ruled that offshore processing of asylum seekers was invalid. As a result, this Bill amends the Migration Act 1958 to replace the framework for allowing the offshore processing of persons 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. This Bill also alters the Immigration (Guardianship of Children) Act 1946 in relation to the making and implementation of any decision to remove, deport or take a non-citizen child from Australia. The Migration Legislations Amendment (Offshore Processing and Other Measures Bill 2011 overrides the guardianship obligations under the Immigration (Guardianship of Children) Act 1946.
More information about this Bill and the context surrounding it can be found<a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillsdgs%2F1102135%22"> here</a>.