83DTreatment of migration detainees

83D Treatment of migration detainees

[Section 83D Inserted by No. 52 of 2016, s. 5, Applied:21 Dec 2016]

(1)  In this section –

migration detainee means a person who is –

(a) not an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; and

(b) being detained under the Migration Act 1958 of the Commonwealth; and

(c) not, apart from his or her detention under the Migration Act 1958 of the Commonwealth, subject to any order of a court by which he or she is remanded or otherwise committed to prison.

(2)  Except as provided by subsection (3) and as may be provided pursuant to subsection (4) , the provisions of this Act have the same application to migration detainees as they have to detainees.

(3)  Paragraphs (c) , (d) , (e) , (f) and (g) of section 42(1) do not apply to migration detainees.

(4)  Without affecting the generality of section 90(1) , the regulations may provide that specified provisions of the regulations have qualified application or no application to migration detainees.