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Migration and Maritime Powers Amendment Bill (No. 1) 2015

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7808

2013-2014-2015

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Migration and Maritime Powers Amendment Bill (No.  1) 2015

 

 

 

AMENDMENTS TO AUSTRALIAN GREENS AMENDMENTS [SHEET 7791]

(1)     Amendment (4), item 8B, omit subsection 197AAA(4), substitute:

Minister must have regard to matters of public interest

          (3A)  When making a residence determination under subsection (1), (2) or (3) the Minister must have regard to the public interest.

Minister must not make a residence determination in certain circumstances

          (3B)  Despite subsections (1), (2) and (3), the Minister must not make a residence determination under any of those subsections in relation to a person if the Minister has been given an adverse security assessment in respect of the person by the Organisation.

          (3C)  Despite subsections (1), (2) and (3), the Minister must not make a residence determination under any of those subsections that a person reside at a specified place unless the Minister is satisfied, on reasonable grounds, that the living conditions at that place are of a higher standard than a place covered by the definition of immigration detention in subsection 5(1) where the person would otherwise be detained.

Minister may refuse to make determination in certain circumstances

             (4)  Despite subsections (1), (2) and (3), the Minister may refuse to make a determination under one or more of those subsections if:

                     (a)  the Minister is satisfied that it is in the best interests of the minor to do so; or

                     (b)  the Minister is satisfied that it is in the public interest to do so;

                     (c)  if subsection (2) applies—both:

                              (i)  the Minister has been given an adverse security assessment in respect of a member of the family unit of the minor mentioned in paragraph (2)(b) by the Organisation; and

                             (ii)  the family unit notifies the Minister that the family unit does not want to be separated; or

                     (d)  if subsection (3) applies—both:

                              (i)  the Minister has been given an adverse security assessment in respect of the guardian mentioned in paragraph (3)(c) by the Organisation; and

                             (ii)  the guardian notifies the Minister that the guardian and minor do not want to be separated.

Note:          Section 4AA sets out principles relevant to making a determination under this subsection.

[limitations on making residence determinations]

(2)     Amendment (4), item 8B, at the end of section 197AAA, add:

Definitions

             (9)  In this section:

adverse security assessment has the same meaning as in Part IV of the Australian Security Intelligence Organisation Act 1979 .

Organisation means the Australian Security Intelligence Organisation.

[limitations on making residence determinations]