Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

Bill home page  


Download WordDownload Word


Download PDFDownload PDF

8624

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

 

 

 (1)    Page 10 (after line 13), at the end of the Bill, add:

Schedule 7 Regional Processing Cohort

Part 1 Amendments

Migration Act 1958

1  Subsection 5(1)

Insert:

member of the designated regional processing cohort means:

                     (a)  a person who:

                              (i)  is an unauthorised maritime arrival under subsection 5AA(1); and

                             (ii)  was taken to a regional processing country under section 198AD at any time; and

                            (iii)  was at least 18 years of age on the first or only occasion when he or she was so taken to a regional processing country; or

                     (b)  a transitory person who:

                              (i)  was taken to a regional processing country under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 ; and

                             (ii)  was at least 18 years of age on the first or only occasion when he or she was so taken to a regional processing country.

2  Subsection 33(2)

Omit “subsection (3)”, substitute “subsections (3) and (3A)”.

3  After subsection 33(3)

Insert:

          (3A)  A non-citizen who is a member of the designated regional processing cohort is not taken to have been granted a special purpose visa.

          (3B)  The Minister may waive the operation of subsection (3A) in a particular case.

4  After subsection 46A(2)

Insert:

       (2AA)  An application for a visa is not a valid application if it is made by a person who:

                     (a)  is an unauthorised maritime arrival under subsection 5AA(1); and

                     (b)  was taken to a regional processing country under section 198AD at any time; and

                     (c)  was at least 18 years of age on the first or only occasion when he or she was so taken to a regional processing country.

       (2AB)  If the Minister thinks that it is in the public interest to do so, the Minister may, by writt en notice given to an unauthorised maritime arrival, determine that subsection (2AA) does not apply to an application by the unauthorised maritime arrival for a visa of a class specified in the determination.

       (2AC)  If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by an unauthorised maritime arrival included in a class of unauthorised maritime arrivals specified in the determination for a visa of a class specified in the determination.

5  Subsection 46A(2A)

After “subsection (2)”, insert “, (2AB) or (2AC)”.

6  Subsection 46A(2B)

After “determination”, insert “under subsection (2), (2AB) or (2AC)”.

7  Subsection 46A(2C)

After “subsection (2)”, insert “or (2AB)”.

8  After subsection 46A(2C)

Insert:

          (2D)  The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.

9  Subsection 46A(3)

Omit “(2) or (2C)”, substitute “(2), (2AB), (2AC), (2C) or (2D)”.

10  Paragraphs 46A(5)(a) and (b)

Omit “the unauthorised”, substitute “an unauthorised”.

11  Subsection 46A(7)

After “subsection (2)”, insert “, (2AB)”.

12  At the end of section 46A

Add:

             (8)  The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of unauthorised maritime arrivals, whether the Minister is requested to do so by an unauthorised maritime arrival included in such a class or by any other person, or in any other circumstances.

13  After subsection 46B(2)

Insert:

       (2AA)  An application for a visa is not a valid application if it is made by a transitory person who:

                     (a)  after 19 July 2013, was taken to a regional processing country under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 ; and

                     (b)  was at least 18 years of age on the first or only occasion when he or she was so taken to a regional processing country.

       (2AB)  If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a transitory person, determine that subsection (2AA) does not apply to an application by the person for a visa of a class specified in the determination.

       (2AC)  If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by a transitory person included in a class of transitory persons specified in the determination for a visa of a class specified in the determination.

14  Subsection 46B(2A)

After “subsection (2)”, insert “, (2AB) or (2AC)”.

15  Subsection 46B(2B)

After “determination”, insert “under subsection (2), (2AB) or (2AC)”.

16  Subsection 46B(2C)

After “subsection (2)”, insert “or (2AB)”.

17  After subsection 46B(2C)

Insert:

          (2D)  The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.

18  Subsection 46B(3)

Omit “(2) or (2C)”, substitute “(2), (2AB), (2AC), (2C) or (2D)”.

19  Paragraphs 46B(5)(a) and (b)

Omit “the transitory”, substitute “a transitory”.

20  Subsection 46B(7)

After “subsection (2)”, insert “, (2AB)”.

21  At the end of section 46B

Add:

             (8)  The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of transitory persons, whether the Minister is requested to do so by a transitory person included in such a class or by any other person, or in any other circumstances.

Migration Regulations  1994

22  At the end of subregulation 2.07AA(2)

Add:

            ; and (d)  the applicant is not a member of the designated regional processing cohort.

23  After subregulation 2.07AA(2)

Insert:

          (2A)  The Minister may waive the operation of paragraph (2)(d) in a particular case.

24  After subregulation 2.07AB(1)

Insert:

          (1A)  Subregulation (1) does not apply if the applicant is a member of the designated regional processing cohort.

25  At the end of subregulation 2.07AB(2)

Add:

             ; and (e)  the applicant is not a member of the designated regional processing cohort.

26  At the end of regulation 2.07AB

Add:

             (5)  The Minister may waive the operation of subregulation (1A) in a particular case.

             (6)  The Minister may waive the operation of paragraph (2)(e) in a particular case.

27  At the end of regulation 2.07AM

Add:

             (6)  The Minister may waive the operation of paragraph 1402(3)(bb) of Schedule 1 in a particular case.

28  At the end of paragraph 2 .08A(1)(da)

Add “and”.

29  After paragraph 2 .08A(1)(da)

Insert:

                   (db)  the additional applicant is not a member of the designated regional processing cohort;

30  At the end of regulation 2.08A

Add:

             (3)  The Minister may waive the operation of paragraph (1)(db) in a particular case.

30A  At the end of paragraph 2 .08AAA(1)(g)

Add “and”.

30B  After paragraph 2 .08AAA(1)(g)

Insert:

                    (ga)  the additional applicant is not a member of the designated regional processing cohort;

30C  At the end of regulation 2.08AAA

Add:

             (3)  The Minister may waive the operation of paragraph (1)(ga) in a particular case.

31  Regulation 2.11A (note)

Omit “Section 46A”, substitute “Subsection 46A(1)”.

32  Regulation 2.11B (note)

Omit “Section 46B”, substitute “Subsection 46B(1)”.

33  After paragraph 1402(3)(ba) of Schedule 1

Insert:

                   (bb)  Applicant must not be a member of the designated regional processing cohort.

34  At the end of subitem 1402(3) of Schedule 1

Add:

Note:          See also subregulation 2.07AM(6), which provides that the Minister may waive the operation of paragraph (bb) of this subitem in a particular case.

35  After Part 53 of Schedule 13

Insert:

Part 53A Amendments made by the Migration Legislation Amendment (Regional Processing Cohort) Act 2016

   

5301A   Operation of Schedule 1

             (1)  Paragraph 2.07AA(2)(d) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a visa application if the conditions mentioned in paragraphs 2.07AA(2)(a) to (c) of these Regulations are satisfied in relation to the application after the commencement of that Schedule.

             (2)  Subregulation 2.07AB(1A) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a visa application if the applicant provides his or her passport details (as mentioned in subregulation 2.07AB(1) of these Regulations) after the commencement of that Schedule.

             (3)  Paragraph 2.07AB(2)(e) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a visa application if the applicant asks for the visa (as mentioned in paragraph 2 .07AB(2)(d) of these Regulations) after the commencement of that Schedule.

             (4)  Paragraph 2.08A(1)(db) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a request made by the original applicant under paragraph 2 .08A(1)(b) of these Regulations if the request is made after the commencement of that Schedule.

          (4A)  Paragraph 2.08AAA(1)(ga) of these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a request made by the original applicant under paragraph 2 .08AAA(1)(c) of these Regulations if the request is made after the commencement of that Schedule.

          (5)        Paragraph 1402(3)(bb) of Schedule 1 to these Regulations (as amended by Schedule 1 to the Migration Legislation Amendment (Regional Processing Cohort) Act 2016 ) applies in relation to a visa application if the application is made after the commencement of Schedule 1 to that Act.

[regional processing cohort]