Immigration Amendment Act 2013

14 New section 324A inserted (Review of mass arrival warrant)
  • After section 324, insert:

    324A Review of mass arrival warrant
    • (1) In this section, warrant of commitment means—

      • (a) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and

      • (b) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group).

      (2) At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons:

      • (a) to shorten the period that the warrant applies:

      • (b) to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons.

      (3) An application made under subsection (2) must—

      • (a) be made on oath; and

      • (b) include—

        • (i) a copy of the warrant to be varied; and

        • (ii) a statement of the reasons for the application.

      (4) On an application under subsection (2)(a), a District Court Judge must vary the period of the warrant of commitment—

      • (a) to the period sought in the application; or

      • (b) to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—

        • (i) the reasons for the necessity of the warrant in terms of section 317A(1)(a) will no longer apply; or

        • (ii) the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each person subject to the varied warrant.

      (5) On an application under subsection (2)(b), a District Court Judge may vary the warrant of commitment, but only to authorise the detention of the persons in a place or places other than the place or places currently specified in the warrant for those persons.

      (6) At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for—

      • (a) a warrant of commitment for the individual as an individual; or

      • (b) an order that the individual be released on conditions under section 320; or

      • (c) an order that the individual be released.

      (7) An application for a warrant of commitment under subsection (6)(a) must be made under section 316 and determined by a District Court Judge in accordance with subsection (3) of that section.

      (8) An application for release on conditions under subsection (6)(b) must be considered having regard to section 317, 318, or 323, as appropriate.

      (9) If a member of a mass arrival group is dealt with under subsection (6),—

      • (a) he or she—

        • (i) is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and

        • (ii) must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and

      • (b) the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.

      (10) Subsection (9)(a) is for the avoidance of doubt.