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Migration Amendment (Strengthening the Character Test) Bill 2019

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8777 revised 2

2019-2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Migration Amendment (Strengthening the Character Test) Bill 2019

 

 

(1)     Page 7 (after line 4), at the end of the Bill, add:

Schedule 2 Other amendments

   

Migration Act 1958

1  After section 499

Insert:

499A   Acts or things relating to visas must be done by APS employees etc.

             (1)  This section applies to an act or thing (a covered act or thing ) that relates to:

                     (a)  receiving an application for a visa; or

                     (b)  considering such an application;

unless the act or thing is in relation to a health criterion.

             (2)  A covered act or thing must only be done by:

                     (a)  a Minister; or

                     (b)  an APS employee; or

                     (c)  a person engaged under section 74 of the Public Service Act 1999 .

             (3)  Despite section 496, the Minister or the Secretary must not delegate a power under this Act that relates to a covered act or thing to a person who is not mentioned in subsection (2).

             (4)  An arrangement entered into by the Commonwealth that relates to the doing of a covered act or thing is unenforceable after this section’s commencement if the arrangement provides the covered act or thing is to be done by a person who is not mentioned in subsection (2).

[privatising visa processing]