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Migration Legislation Amendment Bill (No. 1) 1999

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1998-99

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

 

 

Migration Legislation Amendment Bill (No. 2) 1998

 

 

(Amendments and new clauses to be moved on behalf of the Government in place of sheet DF225)

 

(1)     Clause 2, page 1 (lines 7 and 8), omit the clause, substitute:

2  Commencement

             (1)  Sections 1, 2 and 3 commence on the day on which this Act receives the Royal Assent.

             (2)  Items 1, 2, 3 and 4 of Schedule 1, and Schedule 2, are taken to have commenced on 3 December 1998.

             (3)  Item 2A of Schedule 1 commences, or is taken to have commenced, immediately after the commencement of item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999 .

             (4)  Subject to subsection (5), the remaining items of Schedule 1, and Schedule 1A, commence on a day to be fixed by Proclamation.

             (5)  If the items of Schedule 1 referred to in subsection (4), and Schedule 1A, do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

[Commencement]

(2)     Clause 3, page 2 (line 2), omit “Each”, substitute “Subject to section 2, each”.

[Commencement]

(3)     Schedule 1, page 3 (after line 27), after item 2, insert:

2A  Paragraph 193(3)(a)

Repeal the paragraph, substitute:

                     (a)  a person covered by subsection (1) has not made a complaint in writing to the Human Rights and Responsibilities Commission, paragraph 20(6)(b) of the Human Rights and Responsibilities Commission Act 1986 does not apply to the person; and

[HREOC cross reference]

(4)     Schedule 1, page 3 (after line 29), after item 3, insert:

3A  After section 232

Insert:

232A  Organising bringing groups of non-citizens into Australia

                   A person who:

                     (a)  organises or facilitates the bringing or coming to Australia, or the entry or proposed entry into Australia, of a group of 5 or more people; and

                     (b)  does so knowing the people would become, upon entry into Australia, unlawful non-citizens;

is guilty of an offence punishable, on conviction, by imprisonment for 20 years or 2,000 penalty units, or both.

3B  Section 233 (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

3C  After section 233

Insert:

233A  Other offences relating to groups of non-citizens etc.

             (1)  A person must not, in connection with:

                     (a)  the entry or proposed entry into Australia, or the immigration clearance, of a group of 5 or more non-citizens (which may include that person), or of any member of such a group; or

                     (b)  an application for a visa or a further visa permitting a group of 5 or more non-citizens (which may include that person), or any member of such a group, to remain in Australia;

do any of the following:

                     (c)  present, or cause to be presented, to an officer or a person exercising powers or performing functions under this Act a document that the person knows is forged or false;

                     (d)  make, or cause to be made, to an officer or a person exercising powers or performing functions under this Act a statement that the person knows is false or misleading in a material particular;

                     (e)  deliver, or cause to be delivered, to an officer or a person exercising powers or performing functions under this Act, or otherwise furnish, or cause to be furnished, for official purposes of the Commonwealth, a document containing a statement or information that the person knows is false or misleading in a material particular.

             (2)  A person must not transfer or part with possession of a document or documents:

                     (a)  with the intention that the document or documents be used to help a group of 5 or more people, none of whom are entitled to use the document or documents, or any member of such a group, to gain entry into or remain in Australia, or to be immigration cleared; or

                     (b)  if the person has reason to suspect that the document or documents may be so used.

Penalty:  Imprisonment for 20 years or 2,000 penalty units, or both.

3D  Section 234 (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

3E  Section 236 (penalty)

Repeal the penalty, substitute:

Penalty:  Imprisonment for 10 years or 1,000 penalty units, or both.

[Trafficking in people]

(5)     Schedule 1, page 4 (after line 2), at the end of the Schedule, add:

5  Subsection 492(1)

Omit “subsection (2)”, substitute “this section”.

6  At the end of section 492

Add:

             (3)  A prosecution of a person for an offence against section 232A, 233 or 233A that is alleged to have been committed after the commencement of this subsection may be instituted at any time.

[Trafficking in people]

(6)     Page 4 (after line 2), after Schedule 1, insert:

Schedule 1A—Consequential amendments of the Telecommunications (Interception) Act 1979

 

1  Subsection 5(1)

Insert:

immigration offence means an offence against section 232A, 233, 233A, 234 or 236 of the Migration Act 1958 .

2  At the end of paragraph 5D(3)(d)

Add:

                         ; (xii)  an immigration offence.

[Trafficking in people]

(7)     Schedule 2, item 1, page 5 (lines 4 to 6), omit the item, substitute:

1  Effect of certain Schedule 1 amendments

The amendments made by items 1, 2, 3 and 4 of Schedule 1 are not intended to alter the effect of any orders made by a court before 3 December 1998.

[HREOC cross reference]