8777 revised 2

2019-2020

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Migration Amendment (Strengthening the Character Test) Bill 2019

 

 

(Amendment to be moved by Senator McKim, on behalf of the Australian Greens and Senator Keneally, on behalf of the Opposition in committee of the whole)

(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]