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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Repairing
Medical Transfers) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2019
Migration Amendment (Repairing Medical Transfers) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Repairing medical transfers
3
Part 1--Amendments
3
Migration Act 1958
3
Part 2--Application provisions etc.
5
No. , 2019
Migration Amendment (Repairing Medical Transfers) Bill 2019
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Migration Amendment (Repairing Medical
5
Transfers) Act 2019.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Repairing Medical Transfers) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
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Repairing medical transfers Schedule 1
Amendments Part 1
No. , 2019
Migration Amendment (Repairing Medical Transfers) Bill 2019
3
Schedule 1--Repairing medical transfers
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 5(1)
4
Repeal the following definitions:
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(a) definition of legacy minor;
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(b) definition of relevant transitory person;
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(c) definition of treating doctor.
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2 Paragraph 42(2A)(ca)
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Omit "or 198C".
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3 Subsection 198(1A)
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After "section 198B", insert "or repealed section 198C".
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4 Subsection 198(1A) (note)
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Omit "Note:", substitute "Note 1:".
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5 At the end of subsection 198(1A)
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Add:
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Note 2:
Section 198C was repealed by the Migration Amendment (Repairing
17
Medical Transfers) Act 2019. It provided for certain transitory persons
18
to be brought to Australia for a temporary purpose (including the
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temporary purpose of medical or psychiatric assessment or treatment).
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6 Paragraph 198(1B)(a)
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After "section 198B", insert "or repealed section 198C".
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7 Paragraph 198AH(1A)(a)
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After "section 198B", insert "or repealed section 198C".
24
8 At the end of subsection 198AH(1A)
25
Add:
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Note:
Section 198C was repealed by the Migration Amendment (Repairing
27
Medical Transfers) Act 2019. It provided for certain transitory persons
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Schedule 1 Repairing medical transfers
Part 1 Amendments
4
Migration Amendment (Repairing Medical Transfers) Bill 2019
No. , 2019
to be brought to Australia for a temporary purpose (including the
1
temporary purpose of medical or psychiatric assessment or treatment).
2
9 Subsection 198B(4)
3
Repeal the subsection.
4
10 Sections 198C to 198J
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Repeal the sections.
6
11 Subdivision D of Division 8 of Part 2
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Repeal the Subdivision.
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12 Subsection 474(4) (table items 1A to 1D)
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Repeal the items.
10
13 Subsection 499(1)
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Omit "(other than the panel established under section 199A)".
12
Repairing medical transfers Schedule 1
Application provisions etc. Part 2
No. , 2019
Migration Amendment (Repairing Medical Transfers) Bill 2019
5
Part 2--Application provisions etc.
1
14 Application of amendments relating to removal etc.
2
(1)
The amendments of subsection 198(1A) and paragraph 198(1B)(a) of
3
the Migration Act 1958 made by this Schedule apply in relation to an
4
unlawful non-citizen brought to Australia under repealed section 198C
5
of that Act before, on or after the commencement of this item.
6
(2)
The amendment of paragraph 198AH(1A)(a) of the Migration Act 1958
7
made by this Schedule applies in relation to a transitory person brought
8
to Australia under repealed section 198C of that Act before, on or after
9
the commencement of this item.
10
15 Effect of repeal of medical transfer provisions
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(1)
Subsection 7(2) of the Acts Interpretation Act 1901 does not apply in
12
relation to the repeal by this Schedule of a medical transfer provision.
13
(2)
Despite subitem (1), the repeal by this Schedule of a medical transfer
14
provision does not affect rights or liabilities arising between parties to
15
proceedings in which:
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(a) judgment is reserved by a court as at the commencement of
17
this item; or
18
(b) judgment has been delivered by a court before the
19
commencement of this item;
20
and the judgment sets aside, or declares invalid, a decision made under
21
a medical transfer provision.
22
(3)
In this item:
23
medical transfer provision means any of the following provisions of the
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Migration Act 1958:
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(a) subsection 198B(4);
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(b) sections 198C to 198J;
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(c) Subdivision D of Division 8 of Part 2;
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(d) items 1A to 1D of the table in subsection 474(4).
29