Commonwealth legislation

Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

What this does: This instrument sets the daily amount the government pays to keep one person in immigration detention.

The dollar amount: $456.23 per person, per day.

When it applies: From the date this instrument starts until 30 June 2022.

Where it applies:

All immigration detention centres, specifically naming:
- North West Point (Christmas Island)
- Perth (Redcliffe, WA)
- Villawood (NSW)
- Yongah Hill (Northam, WA)
All Immigration Transit Accommodation centres, specifically naming:
- Adelaide (Kilburn, SA)
- Brisbane (Pinkenba, QLD)
- Melbourne (Broadmeadows, VIC)
Any other place the Minister officially approves in writing for detention.

What else: It repeals (cancels) the previous 2018 rate determination.

Why it matters: This rate is used for budgeting and cost calculations across Australia's immigration detention network.

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Current sections

Direct links to the current provisions in Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020.

Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

Commonwealth Coat of Arms of Australia

Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

I, Don Smith, as delegate of the Minister for Home Affairs, acting under subsection 262(2) of the Migration Act 1958 (the Act):

(a) determine that for the period beginning on the date of commencement of this instrument until 30 June 2022, the daily amount for the keeping and maintaining of a person in immigration detention is $456.23 for each of the following specified places:

(i) all detention centres established under subsection 273(1) of the Act and in accordance with subparagraph (b)(i) of the definition of immigration detention in subsection 5(1) of the Act, including the following:

(A) North West Point Immigration Detention Centre (Christmas Island);

(B) Perth Immigration Detention Centre (Redcliffe, WA);

(D) Yongah Hill Immigration Detention Centre (Northam, WA);

(E) Adelaide Immigration Transit Accommodation (Kilburn, SA);

(F) Brisbane Immigration Transit Accommodation (Pinkenba, QLD);

(G) Melbourne Immigration Transit Accommodation (Broadmeadows, VIC);

(ii) all other places approved by the Minister in writing under subparagraph (b)(v) of the definition of immigration detention in subsection 5(1) of the Act;

(b) repeal Migration (LIN 18/022: Determination of Daily Maintenance Amounts for Persons in Detention) Instrument 2018 (F2018L01196), in accordance with subsection 33(3) of the Acts Interpretation Act 1901.

This instrument, which may be cited as LIN 20/037, commences on the day after it is registered on the Federal Register of Legislation.

Dated 21 October 2020

Don Smith

Senior Executive Service, Band One

Australian Border Force

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020

I, Don Smith, as delegate of the Minister for Home Affairs, acting under subsection 262(2) of the Migration Act 1958 (the Act):

(A) North West Point Immigration Detention Centre (Christmas Island);

(B) Perth Immigration Detention Centre (Redcliffe, WA);

(D) Yongah Hill Immigration Detention Centre (Northam, WA);

(E) Adelaide Immigration Transit Accommodation (Kilburn, SA);

(F) Brisbane Immigration Transit Accommodation (Pinkenba, QLD);

(G) Melbourne Immigration Transit Accommodation (Broadmeadows, VIC);

(ii) all other places approved by the Minister in writing under subparagraph (b)(v) of the definition of immigration detention in subsection 5(1) of the Act;

This instrument, which may be cited as LIN 20/037, commences on the day after it is registered on the Federal Register of Legislation.

Dated 21 October 2020

Don Smith

Senior Executive Service, Band One

Australian Border Force