Document ID: chunk:federal_register_of_legislation:C2009A00085:clause:1_25
Version: federal_register_of_legislation:C2009A00085
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 8587–10185

25  Extinguishment of outstanding detention debts
(1) An immigration detention liability that existed under one or more of the following immediately before the commencement of this Part:
 (a) section 209, 211, 262 or 264, or subsection 151(3) or 213(3), of the Migration Act 1958;
 (b) an undertaking or obligation prescribed by regulations made for the purposes of subsection 140H(1) of that Act;
 (c) an arrangement referred to in paragraph 145(c), 146(1)(b), 147(c) or 148(c) of that Act;
 (d) any other instrument;
ceases on the commencement of this Part.
(2) In this item:
immigration detention liability means a liability to the extent that it was a liability to pay the Commonwealth an amount relating to the cost of:
 (a) a person's immigration detention; or
 (b) a non‑citizen's detention under the Migration Act 1958.
Note 1: The liability ceases to be recoverable as a debt.
Note 2: The liability ceases even if the Commonwealth had previously written it off.
Note 3: This item does not apply to a liability to the extent that a person had already discharged it.
Note 4: This item does not cease a person's liability, under section 262 of that Act, to pay the costs of immigration detention for detention happening after the commencement of this Part.

Part 2—Amendments relating to sponsorship undertakings

Migration Act 1958
Note: This Part does not commence if Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008 commences before (or at the same time as) Part 1 to this Schedule. If that happens, the corresponding amendments in Part 3 commence instead.