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32    Customs Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015

Customs Tariff Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015

Order read for the further consideration of the bills in committee of the whole.

 

 

 

In the committee

Consideration resumed of the bills.

Bills further debated.

Senator Whish-Wilson moved the following amendments in respect of the Customs Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015 together by leave:

Title, page 1 (line 1), after “ Customs Act 1901 ”, insert “, the Migration Act 1958 and the Migration Regulations 1994 ”.

Clause 1, page 1 (line 5), after “ Customs ”, insert “ and Migration ”.

Clause 3, page 3 (line 2), before “Legislation”, insert “(1)”.

Clause 3, page 3 (after line 5), at the end of the clause, add:

     (2)   The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor-General.

Schedule 1, page 17 (after line 17), after Part 2, insert:

Part 2A Labour market testing

Migration Act 1958

2A  After section 38B

Insert:

38C   Temporary Work (Short Stay Activity) visas

     (1)   This section applies in relation to an applicant for a visa referred to in the regulations as a Subclass 400 (Temporary Work (Short Stay Activity)) visa if:

                              (a)  the applicant is applying for the visa on the basis that he or she will be engaged to undertake work that is highly specialised; and

                              (b)  the applicant will be engaged to undertake work as an installer or servicer of equipment or machinery that was supplied on the condition that it be installed or serviced by persons engaged by the person for whom the applicant is undertaking the work; and

                               (c)  it would not be inconsistent with any international trade obligation of Australia determined under subsection 140GBA(2) to require the person for whom the applicant will undertake the work to perform testing of the Australian labour market, and give evidence and information to the Minister, in relation to the work as set out in paragraph (2)(a).

     (2)   It is a criterion for the visa that:

                              (a)  the person proposing to engage the applicant to perform the work has:

                                                  (i)   performed testing of the Australian labour market, in accordance with the regulations, to demonstrate whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to undertake the work; and

                                                 (ii)   given the Minister the evidence in relation to that labour market testing, and the information about redundancies or retrenchments in a business or associated entity of the person, that is prescribed by the regulation s, and

                              (b)  having regard to that evidence, and information (if any), the Minister is satisfied that:

                                                  (i)   a suitably qualified and experienced Australian citizen or Australian permanent resident is not readily available to undertake the work; and

                                                 (ii)   a suitably qualified and experienced eligible temporary visa holder is not readily available to undertake the work.

     (3)   The Minister may, by legislative instrument, exempt applicants in a specified class from the operation of subsection (2) in relation to specified work if:

                              (a)  the Minister is satisfied that:

                                                  (i)   an event has occurred in Australia, whether naturally or otherwise, that has such a significant impact on individuals that a government response is required; and

                                                 (ii)   the exemption is necessary or desirable in order to assist disaster relief or recovery; or

                              (b)  the Minister is satisfied that:

                                                  (i)   either or both a qualification prescribed by the regulations, or experience of a kind and for a period prescribed by the regulations, is required to undertake the specified work; and

                                                 (ii)   the work is of a kind prescribed by the regulations.

     (4)   The Minister must ensure that, as soon as reasonably practicable after the commencement of this subsection, and at all later times, there are in force regulations for the purposes of subparagraphs (2)(a)(i) and (ii).

     (5)   Words and expressions used in this section have the same meanings as in section 140GBA.

2B  Paragraph 140GBA(1)(a)

Repeal the paragraph, substitute:

                              (a)  the approved sponsor is:

                                                  (i)   a standard business sponsor (within the meaning of the regulations); or

                                                 (ii)   in a class of sponsors prescribed by the regulations; or

                                                (iii)   a person (other than a Minister) who is a party to a work agreement that is entered into on or after the commencement of this subparagraph; and

Schedule 1, page 17 (after line 17), after proposed item 2B, insert:

Migration Regulations  1994

2C  After paragraph 457 .223(2)(d) of Schedule 2

Insert:

                            (da)  if the applicant would be required to hold a licence, registration or membership that is mandatory to perform the occupation in Australia—either:

                                                  (i)   the applicant holds that licence, registration or membership, and has given the Minister a copy of the licence, registration or membership; or

                                                 (ii)   the applicant demonstrates that he or she can meet the requirements to obtain that licence, registration or membership; and

2D  After paragraph 457 .223(4)(e) of Schedule 2

Insert:

                          (eaa)  if the applicant would be required to hold a licence, registration or membership that is mandatory to perform the occupation in Australia—either:

                                                  (i)   the applicant holds that licence, registration or membership, and has given the Minister a copy of the licence, registration or membership; or

                                                 (ii)   the applicant demonstrates that he or she can meet the requirements to obtain that licence, registration or membership; and

2E  Paragraph 8107(3)(c) of Schedule 8

Repeal the paragraph, substitute:

                               (c)  if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder:

                                                  (i)   must not perform the occupation until the holder holds the licence, registration or membership; and

                                                 (ii)   must hold the licence, registration or membership within 60 days after the holder’s arrival in Australia; and

                                                (iii)   before the holder performs the occupation—must give the Department documentation of the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

                                                (iv)   must comply with each condition or requirement to which the licence, registration or membership is subject; and

                                                 (v)   must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

                                                (vi)   must notify the Department, in writi ng, as soon as practicable of any changes to the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 11

Senators—

Di Natale

Madigan

Rice

Waters

Hanson-Young

McKim

Siewert (Teller)

Whish-Wilson

Lambie

Rhiannon

Simms

 

 

 

NOES, 36

Senators—

Abetz

Day

Ludwig

Polley

Back

Edwards

Macdonald

Reynolds

Bernardi

Fawcett

McAllister

Ronaldson

Bilyk

Gallacher

McGrath

Ruston

Brown

Gallagher

McKenzie

Sterle

Bullock

Ketter

Moore

Urquhart (Teller)

Bushby

Leyonhjelm

Muir

Wang

Cameron

Lindgren

O’Neill

Williams

Canavan

Lines

Peris

Wong

 

 

Question negatived.

Bills agreed to.

Bills to be reported without amendments.

 

 

 

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

On the motion of the Assistant Minister for Agriculture and Water Resources (Senator Ruston) the report from the committee was adopted.

Senator Ruston moved—That these bills be now read a third time.

Question put.

The Senate divided—

AYES, 35

Senators—

Abetz

Day

Ludwig

Polley

Back

Edwards

Macdonald

Reynolds

Bernardi

Fawcett (Teller)

McAllister

Ronaldson

Bilyk

Gallacher

McGrath

Ruston

Brown

Gallagher

McKenzie

Sterle

Bullock

Ketter

Moore

Wang

Bushby

Leyonhjelm

Muir

Williams

Canavan

Lindgren

O’Neill

Wong

Dastyari

Lines

Peris

 

 

 

NOES, 11

Senators—

Di Natale

Madigan

Rice

Waters

Hanson-Young

McKim

Siewert (Teller)

Whish-Wilson

Lambie

Rhiannon

Simms

 

 

 

Question agreed to.

Bills read a third time.