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Wednesday, 24 August 1983
Page: 239


Mr WEST (Minister for Immigration and Ethnic Affairs)(11.22) —by leave-I move:

(8) Clause 13, page 5, after paragraph (a) insert the following paragraph: ''(aa ) by omitting paragraphs (1) (b) and (ba) and substitutiong the following paragraphs: '(b) at the time of, or prior to, that person's entry into Australia , the person- (i) produces or produced, or causes or caused to be produced, to the Minister or to an officer, in respect of that entry- (A) a permit, certificate, passport, visa, return endorsement, identification card or any other document that was not issued to the person, is forged or was obtained by false representation; or

(B) a passenger card that contains information that is false or misleading in a material particular; or

(ii) makes or made, or causes or caused to be made, to the Minister or to an officer, in respect of that entry, a statement that is false or misleading in a material particular;

'(ba) at the time of, or prior to, the grant of a visa or a return endorsement in respect of the person, the person- (i) produces or produced, or causes or caused to be produced, to the Minister or to an officer, in respect of the grant of that visa or return endorsement, a document of the kind referred to in sub- sub-paragraph (b) (i) (A); or

(ii) makes or made, or causes or caused to be made, to the Minister or to an officer, in respect of the grant of that visa or return endorsement, a statement that is false or misleading in a material particular; or'.''.

(9) Clause 13, page 5, after paragraph (b) insert the following paragraph: ''(ba ) by inserting after sub-section (1) the following sub-section: '(1AA) where- (a ) a further entry permit has, either before or after the commencement of this sub-section, been granted to a person authorizing the person to remain in Australia;

(b) that entry permit was granted while the person was in Australia; and

(c) the person, in respect of the grant of that entry permit- (i) produced, or caused to be produced, to the Minister or to an officer a document that was not issued to that person, is forged or was obtained by false representation or that contains information that is false or misleading in a material particular; or

(ii) made, or caused to be made, to the Minister or to an officer a statement that is false or misleading in a material particular,

that person shall, notwithstanding section 10, be deemed to be a prohibited non -citizen unless he is the holder of an entry permit endorsed with a statement that the person granting that permit recognises him to be a person referred to in this sub-section.'.''.

(10) Clause 17, page 6, lines 9 to 12, omit paragraph (e), substitute the following paragraph: ''(e) by omitting paragraphs (1) (b) and (c) and substituting the following paragraphs: '(b) becomes a prohibited non-citizen by reason of being a person to whom paragraph 8 (3) (a) or (c) applies; or

(c) becomes a prohibited non-citizen by virtue of sub-section 16 (1) or (1AA) by reason that- (i) he produced, or caused to be produced, after the commencement of the Migration Amendment Act 1983, to the Minister or to an officer- (A) a document that, to his knowledge was not issued to him, is forged or was obtained by false representation; or

(B) a passenger card that, to his knowledge, contains information that is false or misleading in a material particular; or

(ii) he made, or caused to be made, after the commencement of the Migration Amendment Act 1983, to the Minister or to an officer, a statement that, to his knowledge, was false or misleading in a material particular,'; and''.

(11) Clause 17, page 6, lines 18 and 19, omit ''or he had ceased to be a prohibited non-citizen by virtue of sub-section 7 (4)''.

(12) Clause 19, page 6, lines 29 to 32, omit the clause, substitute the following clause:

False papers, &c. ''19. Section 31 of the Principal Act is amended- (a) by omitting from sub-section (1) 'an immigrant' (wherever occurring) and substituting 'a non-citizen';

(b) by inserting in paragraph (1) (a) ', or cause to be presented,' after ' present';

(c) by omitting paragraph (1) (b) and substituting the following paragraph:

'(b) make, or cause to be made, to the Minister or to an officer a statement that, to his knowledge, is false or misleading in a material particular; or';

Amendment No. 10 contains additional consequential amendments to section 27 of the Act as a result of the proposed new amendments. Amendment No. 11 contains an additional amendment to section 27 of the Act as a result of the repeal of sub- section 7 (4). Amendment No. 12 inserts new consequential amendments to section 31 of the Act as a result of the proposed new amendments. Amendment No. 13 is simply a technical drafting matter. Amendment No. 14 inserts a new transitional provision as a result of the proposed amendments to section 16 of the Act. Amendment No. 15 is a drafting matter to delete the reference to sub-section 7 ( 4) which is being repealed. I have introduced one further amendment, amendment 12A, which we have also circulated. It reads:

Clause 23, page 7, lines 8 and 9, omit paragraph (b) and substitute the following paragraph:

'(b) by omitting from sub-section (4) ''24'' and substituting ''48''.'

I think that I should give a brief explanation for this last action.


Mr Hodgman —The Opposition is not opposed to it.


Mr WEST —The fact is that we have picked up an unintended consequence as a result of taking out the 24 hours, which is really a time period by which the Department of Immigration and Ethnic Affairs or the Minister gives a directive, to an airline which has brought into Australia an unauthorised arrival, to take out that person within 72 hours. The problem is that to remove the 24 hours as a time period removes what is in fact a trigger which determines the length of time by which a person can be kept in prison or in detention, because it relates back to sub-section 4 of section 36. If no action is taken within or after 24 hours, then we deal with people under sections 38 and 39 from within Australia as prohibited immigrants, and that gives them recourse to a magistrate. The problem was that by removing the 24 hours they may have been kept in detention for a period which could be almost indefinite. Of course, a Labor government would not do that, so we have picked up the consequence of that. As we still want to give the Department more time to arrange the departure with the airline we have inserted '48' instead of '24' hours.