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Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

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2016-2017-2018-2019

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Home Affairs Legislation Amendment (Miscellaneo us Measures) Bill 2018

 

 

 

 

AMENDMENTS TO THE SCHEDULE OF AMENDMENTS MADE BY THE SENATE

(1)     Amendment (2), at the end of section 198C, add:

Note:          Any transitory person who is brought to Australia for a temporary purpose must be kept in immigration detention whilst in Australia. That immigration detention must continue until the time of removal from Australia or until the Minister determines that immigration detention is no longer required.

[note]

(2)     Amendment (2), subsection 198D(2), omit “Within 24 hours of”, substitute “After”.

[time limits]

(3)     Amendment (2), after subsection 198D(2), insert:

          (2A)  The Minister must make a decision under subsection (2):

                     (a)  as soon as practicable after being notified; and

                     (b)  no later than 72 hours after being notified.

[time limits]

(4)     Amendment (2), omit subsection 198D(3), substitute:

             (3)  The Minister must approve the person’s transfer to Australia unless:

                     (a)  the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 , including because an adverse security assessment in respect of the person is in force under that Act; or

                     (b)  the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

          (3A)  Within 72 hours of the Minister being notified under subsection (1), ASIO should advise the Minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated.

[grounds for refusal]

(5)     Amendment (2), subsection 198D(5), omit the subsection, substitute:

             (5)  If the Minister does not make a decision under subsection (2) within the time required by subsection (2A), the Minister is, at the end of the time, taken to have approved the person’s transfer under subsection (2).

[time limits]

(6)     Amendment (2), omit subsection 198E(2), substitute:

             (2)  A transitory person is a relevant transitory person if:

                     (a)  the person:

                              (i)  is in a regional processing country on the day this section commences; or

                             (ii)  is born in a regional processing country; and

                     (b)  in the opinion of a treating doctor for the person:

                              (i)  the person requires medical or psychiatric assessment or treatment; and

                             (ii)  the person is not receiving appropriate medical or psychiatric assessment or treatment in the regional processing country; and

                            (iii)  it is necessary to remove the person from a regional processing country for appropriate medical or psychiatric assessment or treatment.

[definition of relevant transitory person]

(7)     Amendment (2), subsection 198E(3), omit “Within 24 hours of”, substitute “After”.

[time limits]

(8)     Amendment (2), after subsection 198E(3), insert:

          (3A)  The Minister must make a decision under subsection (3):

                     (a)  as soon as practicable after being notified; and

                     (b)  no later than 72 hours after being notified.

[time limits]

(9)     Amendment (2), omit subsection 198E(4), substitute:

             (4)  The Minister must approve the person’s transfer to Australia unless:

                     (a)  the Minister reasonably believes that it is not necessary to remove the person from a regional processing country for appropriate medical or psychiatric assessment or treatment; or

                     (b)  the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 , including because an adverse security assessment in respect of the person is in force under that Act; or

                     (c)  the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

          (4A)  Within 72 hours of the Minister being notified under subsection (1), ASIO should advise the Minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated.

[grounds for refusal]

(10)   Amendment (2), omit subsection 198E(5), substitute:

             (5)  If the Minister does not make a decision under subsection (3) within the time required by subsection (3A), the Minister is, at the end of the time, taken to have approved the person’s transfer under subsection (3).

[time limits]

(11)   Amendment (2), subsection 198F(2), omit “Within 24 hours of”, substitute “As soon as practicable, and no later than 72 hours, after”.

[time limits]

(12)   Amendment (2), subsection 198F(4), omit “Within 24 hours of”, substitute “After”.

[time limits]

(13)   Amendment (2), after subsection 198F(4), insert:

          (4A)  The Minister must make a decision under subsection (4):

                     (a)  as soon as practicable after being informed by the panel of its findings and recommendations; and

                     (b)  no later than 24 hours after being informed by the panel of its findings and recommendation.

[time limits]

(14)   Amendment (2), omit subsection 198F(5), substitute:

             (5)  If the panel recommends that the person’s transfer be approved, the Minister must approve the person’s transfer to Australia unless:

                     (a)  the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 , including because an adverse security assessment in respect of the person is in force under that Act; or

                     (b)  the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

[grounds for refusal]

(15)   Amendment (2), omit subsection 198F(6), substitute:

             (6)  If the Minister does not make a decision under subsection (4) within the time required by subsection (4A), the Minister is, at the end of that time, taken to have approved the person’s transfer under subsection (4).

[time limits]

(16)   Amendment (2), subsection 198G(2), omit “Within 24 hours of”, substitute “After”.

[time limits]

(17)   Amendment (2), after subsection 198G(2), insert:

          (2A)  The Minister must make a decision under subsection (2):

                     (a)  as soon as practicable after being informed; and

                     (b)  no later than 72 hours after being informed.

[time limits]

(18)   Amendment (2), omit subsection 198G(3), substitute:

             (3)  The Minister must approve the person’s transfer to Australia unless:

                     (a)  the Minister reasonably suspects that the transfer of the person to Australia would be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 , including because an adverse security assessment in respect of the person is in force under that Act; or

                     (b)  the Minister knows that the person has a substantial criminal record (as defined by subsection 501(7) as in force at the commencement of this section) and the Minister reasonably believes the person would expose the Australian community to a serious risk of criminal conduct.

          (3A)  Within 72 hours of the Minister being informed under subsection (1), ASIO should advise the Minister if the transfer of the person to Australia may be prejudicial to security within the meaning of the Australian Security Intelligence Organisation Act 1979 (including because an adverse security assessment in respect of the person is in force under that Act) and if that threat cannot be mitigated.

[grounds for refusal]

(19)   Amendment (2), section 198H, after “198E(4)(b)” insert “or (c)”.

[grounds for refusal]

(20)   Amendment (2), at the end of section 199B, add:

             (4)  A person is not entitled to remuneration in respect of their position as a member of the panel.

[remuneration]