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Schedule 1—Amendments

Schedule 1 Amendments

Part 1 Public disclosure of sanctions

Migration Act 1958

1  At the end of section 140K

Add:

Publishing information about sanctions

             (4)  The Minister must, subject to subsection (7), publish the information (including personal information) prescribed by the regulations if an action is taken under this section in relation to an approved sponsor or former approved sponsor who fails to satisfy an applicable sponsorship obligation.

             (5)  The Minister is not required to observe any requirements of the natural justice hearing rule in publishing information under subsection (4).

             (6)  No civil liability arises from action taken by the Minister in good faith in publishing information under subsection (4).

             (7)  The regulations may prescribe circumstances in which the Minister is not required to publish information under subsection (4).

2  At the end of section 140ZH

Add:

Note:          The Minister may also publish personal information relating to actions taken under section 140K (sanctions for failing to satisfy sponsorship obligations) (see subsection 140K(4)).

3  Application of amendments

The amendment of section 140K of the Migration Act 1958 made by this Part applies in relation to actions taken under that section on or after 18 March 2015.

Part 2 Review of decisions relating to certain visas

Migration Act 1958

4  Paragraph 338(2)(d)

Repeal the paragraph, substitute:

                     (d)  if the visa is a temporary visa of a kind (however described) prescribed for the purposes of this paragraph:

                              (i)  the non-citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under the regulations; or

                             (ii)  a review of a decision under section 140E not to approve the sponsor of the non-citizen is pending at the time the decision to refuse to grant the visa is made; or

                            (iii)  a review of a decision under section 140GB not to approve the nomination of the non-citizen is pending at the time the decision to refuse to grant the visa is made; or

                            (iv)  except if it is a criterion for the grant of the visa that the non-citizen is identified in an approved nomination that has not ceased under the regulations—the non-citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved sponsor.

5  Application of amendments

The amendments of section 338 of the Migration Act 1958 made by this Part apply in relation to decisions made after this item commences.

Part 3 Tax file numbers

Income Tax Assessment Act 1936

6  At the end of section 202

Add:

             ; and (t)  to facilitate the administration of the Migration Act 1958 .

Migration Act 1958

7  Subsection 5(1)

Insert:

tax file number has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997 .

8  After section 506A

Insert:

506B   Tax file numbers

Request for tax file numbers

             (1)  The Secretary may request any of the persons mentioned in subsection (2) to provide the tax file number of a person (the relevant person ) who is an applicant for, or holder or former holder of, a visa of a kind (however described) prescribed by the regulations.

             (2)  For the purposes of subsection (1), the persons are any of the following:

                     (a)  the applicant, holder or former holder;

                     (b)  an approved sponsor of the applicant, holder or former holder;

                     (c)  a former approved sponsor of the applicant, holder or former holder;

                     (d)  a person who has nominated the applicant or holder in an approved nomination that has not ceased under the regulations;

                     (e)  a person who nominated the holder or former holder in an approved nomination that has ceased under the regulations.

             (3)  A person to whom a request is made under subsection (1) who is lawfully in possession of the tax file number may disclose the tax file number in accordance with the request.

Verification of tax file numbers

             (4)  The Secretary may provide the tax file number to the Commissioner of Taxation for the purpose of verifying the tax file number.

             (5)  On receiving the tax file number, the Commissioner of Taxation may give the Secretary a written notice in accordance with the following table.

 

Notices of the Commissioner of Taxation

Item

If …

the Commissioner may give the Secretary written notice …

1

the Commissioner is satisfied that the number is correct

informing the Secretary accordingly.

2

(a) the Commissioner is satisfied that the tax file number is not correct; and

(b) the Commissioner is satisfied that the relevant person has a tax file number;

of the correct tax file number.

3

(a) the Commissioner is satisfied that the tax file number is not correct; and

(b) the Commissioner is not satisfied that the relevant person has a tax file number;

informing the Secretary accordingly.

Commissioner of Taxation may provide tax file number

             (6)  The Commissioner of Taxation may provide the tax file number of a person to the Secretary if the Secretary advises the Commissioner that the person is a relevant person.

Use, records or disclosures of tax file numbers

             (7)  A tax file number provided under this section may be used, recorded or disclosed by an officer for any purposes prescribed by the regulations.

Taxation Administration Act 1953

9  Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)

Omit “or (s)”, substitute “, (s) or (t)”.

10  Application of amendments

The amendments of the Income Tax Assessment Act 1936 , the Migration Act 1958 and the Taxation Administration Act 1953 made by this Part apply in relation to the following:

                     (a)  any request to quote a person’s tax file number that is made after this item commences;

                     (b)  any record of a person’s tax file number that is made or maintained, or any use, divulging or communication of a person’s tax file number that occurs, after this item commences.

Part 4 Technical amendments

Migration Act 1958

11  Subparagraph 140K(1)(a)(iv)

Omit “119”, substitute “114”.

12  Subparagraph 140K(1)(a)(v)

Omit “120”, substitute “115”.

13  Subparagraph 140K(2)(a)(iii)

Omit “119”, substitute “114”.

14  Subparagraph 140K(2)(a)(iv)

Omit “120”, substitute “115”.