No. 135, 2014
Compilation No. 2
Compilation date: 18 October 2023
Includes amendments up to: Act No. 74, 2023
Registered: 2 November 2023
About this compilation
This compilation
This is a compilation of the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1--Amendments relating to maritime powers
Part 1--Main amendments
Part 2--Other amendments
Administrative Decisions (Judicial Review) Act 1977
Immigration (Guardianship of Children) Act 1946
Part 3--Application
Schedule 2--Protection visas and other measures
Part 1--Protection visas
Division 1--Protection visas generally
Division 2--Safe haven enterprise visas
Division 2A--Safe haven enterprise visas: pathways to other visas
Division 3--Application
Part 2--Visa applications taken to be applications for a different visa
Division 1--Amendments
Division 2--Application
Part 3--Deemed visa applications
Division 1--Amendments
Division 2--Application
Part 4--Permanent protection visas and temporary protection visas
Division 1--Main amendments
Division 2--Main amendments commencing immediately after Division 1
Division 3--Consequential amendments
Division 4--Amendments relating to application
Schedule 2A--Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas
Schedule 3--Act-based visas
Part 1--Amendment of the Migration Act 1958
Division 1--Amendments
Division 2--Application
Part 2--Amendment of the Migration Regulations 1994
Schedule 4--Amendments relating to fast track assessment process
Part 1--Fast track assessment process
Part 2--Application
Schedule 5--Clarifying Australia's international law obligations
Part 1--Removal of unlawful non-citizens
Division 1--Amendments commencing on the day after Royal Assent
Division 2--Amendments if this Act commences after the Migration Amendment (Protection and Other Measures) Act 2015
Part 2--Amendments commencing on Proclamation
Part 3--Contingent amendments
Division 1--Amendments if this Act commences before the Migration Amendment (Protection and Other Measures) Act 2015
Division 2--Amendments if this Act commences before the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Act 2014
Division 3--Amendments if this Act commences after the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Act 2014
Part 4--Application and transitional provisions
Schedule 6--Unauthorised maritime arrivals and transitory persons: newborn children
Part 1--Amendments
Part 2--Application of amendments
Schedule 7--Caseload management
Part 1--Amendments
Part 2--Application and savings
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 | 135, 2014 | 15 Dec 2014 | Sch 1, Sch 2 (items 1-12, 19-53), Sch 2A, 3, Sch 5 (items 1, 2, 18-22, 27-29), Sch 6 and 7: 16 Dec 2014 (s 2(1) items 2, 3, 5-10, 12, 15, 16, 21-23) |
|
Migration Amendment (Protection and Other Measures) Act 2015 | 35, 2015 | 13 Apr 2015 | Sch 5 (items 2-4): 14 Apr 2015 (s 2(1) item 11) | -- |
Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023 | 74, 2023 | 20 Sept 2023 | Sch 6 (item 3): 18 Oct 2023 (s 2(1) item 3) | -- |
Provision affected | How affected |
s 2..................... | am No 35, 2015 |
Schedule 4 |
|
Part 1 |
|
item 11.................. | rep No 74, 2023 |
Schedule 5 |
|
Part 1 |
|
Division 2 |
|
Division 2 heading.......... | rs No 35, 2015 |
Part 3 |
|
Division 1 |
|
Division 1 heading.......... | rs No 35, 2015 |