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MIGRATION AMENDMENT BILL 1983

The Senate, according to Order, resolved itself into Committee for the consideration of Message No. 144 of the House of Representatives.

In the Committee

Message read.

SCHEDULE OF THE AMENDMENT MADE BY THE SENATE TO WHICH THE HOUSE OF REPRESENTATIVES HAS DISAGREED

Page 4, clause 11, paragraph (a), after proposed new sub-section 14 (1), insert the following new sub-section:

'' '(1A) Where a person who is a non-citizen has either before or after the commencement of this sub-section been convicted of trafficking in dangerous drugs, or has been convicted in Australia of an offence and sentenced to imprisonment for a period of not less than five years, the Minister may, subject to this section, order the deportation of the person.'.''.

Reasons of the House of Representatives for disagreeing to the amendment of the Senate

The Senate amendment is not acceptable because- (1) it is contrary to Government policy which is to create a statutory residential liability period beyond which non-citizens would not be deported unless convicted of security offences;

(2) it creates 2 new sub-classes of non-citizens liable to criminal deportation regardless of the length of their residence and unrelated to convictions on security grounds;

(3) it is badly worded, in that there is no definition of ''trafficking in dangerous drugs'', and

(4) the differences in proscription and sentencing amongst the State and Territory laws, particularly for serious offences, would make the application of the proposed provision inequitable, inconsistent and uneven in operation. The Minister for Social Security (Senator Grimes) moved-That the Committee does not insist on the Amendment of the Senate to which the House of Representatives has disagreed.

Debate ensued.

Question-put and passed.

Resolution to be reported.

The President resumed the Chair; and the Chairman of Committees (Senator Hamer) reported that the Committee had considered Message No. 144 of the House of Representatives with reference to the Migration Amendment Bill 1983 and had resolved not to insist on the Amendment of the Senate to which the House of Representatives had disagreed.

Senator Grimes moved-That the Report from the Committee be adopted.

Debate ensued.

Senator Martin moved an amendment, viz: At end of motion, add '', but the Senate- (a) is of the opinion that the Minister for Immigration and Ethnic Affairs should move speedily to introduce further amendments to the Migration Act to include references to sections 28, 29 and 30 of the Crimes Act 1914 as grounds for deportation; and

(b) in view of the Minister's undertaking in the House of Representatives to 'consider including espionage related crimes as grounds for permanent deportation', draws to the attention of the Government the urgent necessity to introduce further amendments to the Migration Act to include references to section 78 of the Crimes Act, relating to espionage and similar activities, and section 81 of that Act, relating to harbouring spies, so that the Minister for Immigration and Ethnic Affairs will have the power to protect the people of Australia against persons who engage in these activities''.

Debate continued.

Question-That the words proposed to be added be added-put and passed.

Main Question, as amended-put and passed.