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6       Migration Amendment (Charging for a Migration Outcome) Bill 2015

Order of the day read for the further consideration of the bill in committee of the whole.

 

 

 

In the committee

Consideration resumed of the bill— and of the amendments moved by Senator Carr :

Schedule 1, item 1, page 3 (line 6), after “(2)”, insert “, (2A)”.

Schedule 1, item 2, page 3 (lines 24 and 25), omit the item, substitute:

2  Subsection 116(2)

Omit “(1AA) or (1AB)”, substitute “(1AA), (1AB) or (1AC)”.

2A  After subsection 116(2)

Insert:

  (2A)   The Minister is not to cancel a visa under subsection (1AC) if the benefit was asked for, received, offered or provided, as mentioned in that subsection:

                              (a)  because of the use of coercion, threat or deception (within the meaning of Division 270 of the Criminal Code ), whether against the visa holder or another person; or

                              (b)  in circumstances where the visa holder was the victim of an offence against Division 270 (slavery and slavery-like conditions) or 271 (trafficking in persons and debt bondage) of the Criminal Code , whether or not a person has been charged with or convicted of the offence.

2B  Subsection 116(3)

Omit “(1AA) or (1AB)”, substitute “(1AA), (1AB) or (1AC)”.

Schedule 1, item 6, page 6 (lines 3 to 5), omit subsection 245AR(3) (not including the note), substitute:

     (3)   Subsection (1) does not apply if:

                              (a)  the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the first person or a third person; or

                              (b)  the benefit was asked for or received:

                                                  (i)   because of the use of coercion, threat or deception (within the meaning of Division 270 of the Criminal Code ), whether against the first person or another person; or

                                                 (ii)   in circumstances where the first person was the victim of an offence against Division 270 (slavery and slavery-like conditions) or 271 (trafficking in persons and debt bondage) of the Criminal Code , whether or not a person has been charged with or convicted of the offence.

Schedule 1, item 6, page 7 (lines 1 to 4), omit subsection 245AS(3), substitute:

     (3)   Subsection (1) does not apply if:

                              (a)  the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the second person or a third person; or

                              (b)  the benefit was offered or provided:

                                                  (i)   because of the use of coercion, threat or deception (within the meaning of Division 270 of the Criminal Code ), whether against the first person or another person; or

                                                 (ii)   in circumstances where the first person was the victim of an offence against Division 270 (slavery and slavery-like conditions) or 271 (trafficking in persons and debt bondage) of the Criminal Code , whether or not a person has been charged with or convicted of the offence.

Debate resumed.

Question—That the amendments be agreed to—put and negatived.

Bill agreed to.

Bill to be reported without amendment.

 

 

 

The Deputy President (Senator Marshall) resumed the chair and the Chair of Committees reported accordingly.

On the motion of the Assistant Minister for Multicultural Affairs (Senator Fierravanti-Wells) the report from the committee was adopted and the bill read a third time.