Commonwealth of Australia Explanatory Memoranda

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MIGRATION (CLIMATE REFUGEES) AMENDMENT BILL 2007

                      2004-2005-2006-2007




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                          THE SENATE




MIGRATION (CLIMATE REFUGEES) AMENDMENT BILL 2007




               EXPLANATORY MEMORANDUM



   (Circulated by Senator Kerry Nettle for the Australian Greens)
        MIGRATION (CLIMATE REFUGEES) AMENDMENT BILL 2007

                         EXPLANATORY MEMORANDUM


GENERAL OUTLINE

This bill creates a new visa category to enable a formal mechanism for the Australian
government to recognise and accept people displaced by environmental disasters due to
climate change.

The bill gives the Minister the power to designate what events qualify as an
environmental disaster and how many climate refugees Australia will accept to help
resettle people displaced by such a disaster.

FINANCIAL IMPACT

The Bill will have a financial impact. Additional resources would be required by the
Department of Immigration and Citizenship to administer the visa class and resettle
people under this visa class.

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides for the Bill to be cited as the Migration (Climate Refugees)
Amendment Bill 2007

2 Commencement

This clause provides that the Bill will commence on the day on which the Bill receives
the Royal Assent.

3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in
the applicable items in the Schedule concerned, and any other item in a Schedule to this
Act has effect according to its terms.

4 Interpretation
This clause provides a definition of a climate change-induced environmental disaster.




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Schedule 1--Amendment of the Migration Act 1958
1 After section 36

36A Climate change refugee visas
      (1)    Names the new visa class.
      (2)    This clause sets the criteria for being eligible for the visa as restricted to
             those who have been displaced by an environmental disaster caused or
             related to climate change.
      (3)    This clause compels the Minister to decide whether or not a situation
             should be classified as an environmental disaster caused or related to
             climate change and whether the people displaced by the disaster are
             eligible to apply under this visa class.
      (4)    This clause sets a three week time limit on the Minister making a decision
             about a climate change induced environmental disaster after receiving a
             climate refugee visa application.
      (5)    This clause sets out criteria which the Minister can give consideration to
             in making such a decision.
      (6)    This clause restricts such a decision to being made by the Minister only,
             not a delegate of the Minister.
      (7)    This clause allows the Minister to set a limit on the number of climate
             refugees Australia will accept from a declaration.
      (8)    This clause allows the Minister to make regulations setting out criteria by
             which an applicant will be assessed for a climate change refugee visa.




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