Environment Protection and Biodiversity Conservation Act 1999

This Schedule has 3 main objects.

The first main object is to provide for the detention (environment detention) in Australia or a Territory of persons who:

are reasonably suspected by an authorised officer of having committed an offence:

involving the use of a foreign vessel; or

in the Australian jurisdiction but outside the migration zone; and

are not Australian citizens or Australian residents;

The second main object is to provide for persons in environment detention to be searched, screened, given access to facilities for obtaining legal advice, and identified.

The third main object is to facilitate the transition of persons from environment detention to immigration detention under the Migration Act 1958:

by providing for the things mentioned in subclause (3) to be done in a way corresponding to the way that Act provides for those things to be done to persons in immigration detention; and

by authorising the disclosure of personal information about individuals who are or have been in environment detention to persons, agencies and organisations responsible for holding the individuals in immigration detention, for the purpose of the immigration detention and welfare of the individuals.

The enforcement visa of a person who is neither an Australian citizen nor an Australian resident ceases to have effect under the Migration Act 1958 when the person ceases to be in environment detention, so that Act requires the person to be taken into immigration detention.