25th Jun 2015, 5:02 PM – Senate Migration Amendment (Regional Processing Arrangements) Bill 2015 - in Committee - Detention of children

The majority voted against two Greens amendments that were introduced by Senator Sarah Hanson-Young (SA).

What do the amendments do?

Senator Hanson-Young explained that the amendments related "to stopping children that are here in Australia being sent to Nauru for further detention". They also required children already in regional detention to be returned to Australia "as soon as reasonably practicable" (see full text below).

Amendment text

Amendment (1) from sheet 7738:

(1) Clause 2, page 2, at the end of the table, add:

3. Schedule 2 The day after this Act receives the Royal Assent.

Amendment (7) from sheet 7738:

(7) Page 4 (after line 5), at the end of the Bill, add:

Schedule 2—Detention of vulnerable persons

Migration Act 1958

1 Subsection 198AD(1)

Omit "sections 198AE, 198AF and 198AG", substitute "sections 198AE, 198AF, 198AG and 198AGA".

2 After section 198AG

Insert:

198AGA Vulnerable persons

(1) Section 198AD does not apply to an unauthorised maritime arrival if the person is a vulnerable person for the purpose of subsection (2).

(2) A person is a vulnerable person for the purpose of this subsection if:

(a) the person is aged under 18; or

(b) the person is the parent or guardian (or other family member) of a person covered by paragraph (a).

3 Application

The amendments to the Migration Act 1958 made by this Schedule apply in relation to an unauthorised maritime arrival on or after the day on which this Schedule commences.

4 Transitional—vulnerable persons transferred before Royal Assent

(1) This item applies to a person if:

(a) the person was an unauthorised maritime arrival at any time on or after 13 August 2012; and

(b) the person was taken from Australia to a regional processing country in accordance with subsection 198AD(2) of the Migration Act 1958; and

(c) at the time the person was taken to the regional processing country the person was:

(i) aged under 18; or

(ii) the parent or guardian (or other family member) of a person covered by subparagraph (i); and

(d) on the day this Act receives the Royal Assent, the person is:

(i) aged under 18; or

(ii) the parent or guardian (or other family member) of a person covered by subparagraph (i).

(2) As soon as reasonably practicable, an officer must ensure the person is removed from the regional processing country and returned to Australia.