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

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senate vote 2012-08-16#9 Edited by mackay staff on 2014-10-20 09:51:37	Title Description The majority voted in favour of a [motion](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ~~This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.~~ 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. The majority voted in favour of a [motion](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law. 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=) [2011] 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#9 Edited by system on 2014-10-07 16:21:33	Title Description The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time]. ~~This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.~~ 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://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law. 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#9 Edited by system on 2014-10-07 16:16:57	Title Description The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time]. This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law. 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#9 Edited by mackay staff on 2014-02-24 16:37:07	Title Bills — Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Third Reading Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 - Third Reading - Read a third time Description ~~<p class="speaker">Kate Lundy</p>~~ ~~<p>I move:</p>~~ ~~<p class="italic">That this bill be now read a third time.</p>~~ ~~<p class="speaker">John Hogg</p>~~ <p>The question is that the bill now be read a third time.</p> The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time]. This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law. 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]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].

Change

Division

senate vote 2012-08-16#9

Edited by mackay staff

on 2014-10-20 09:51:37

Title

Description

The majority voted in favour of a [motion](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html).
~~This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.~~
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.
The majority voted in favour of a [motion](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html).
This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.
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=) [2011] 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#9

Edited by system

on 2014-10-07 16:21:33

Title

Description

The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time].
~~This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.~~
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://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22) to read the bill a [third time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html).
This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.
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#9

Edited by system

on 2014-10-07 16:16:57

Title

Description

The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time].
This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.
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#9

Edited by mackay staff

on 2014-02-24 16:37:07

Title

Bills — Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012; Third Reading
Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 - Third Reading - Read a third time

Description

~~Kate Lundy~~
~~I move:~~
~~That this bill be now read a third time.~~
~~John Hogg~~
The question is that the bill now be read a third time.
The majority voted in favour of a [http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=CHAMBER;id=chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0333;query=Id%3A%22chamber%2Fhansards%2F9d41be79-6ff2-4592-b996-63607e4a71cd%2F0000%22 motion] to read the bill a [http://www.peo.gov.au/learning/fact-sheets/making-a-law.html third time].
This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.
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]. Read more about the effect of this decision on the Malaysia Solution [http://theconversation.com/malaysia-solution-high-court-ruling-explained-3154 here].