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Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

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2016-2017-2018

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

HOME AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2018

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs, the Hon. David Coleman MP)



 

HOME AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2018

 

OUTLINE

These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) amend the amendments moved by Senator Storer, and Senator McKim on behalf of the Australian Greens.  

Specifically, the government amendments provide that an officer must not bring a person to Australia from a regional processing country if the officer knows, or reasonably suspects that the person does not pass the character test as defined in section 501(6) of the Migration Act 1958.

FINANCIAL IMPACT STATEMENT

These amendments will have a no financial impact.

 

 



 

HOME AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2018

Amendments to Amendments

Amendment 1        After proposed subsection 198C(5), insert:

1.       This inserts proposed subsection 198C(5A) after proposed subsection 198(5).

 

2.       Proposed new subsection 198(5A) provides that an officer who knows or reasonably suspects that a transitory person who is in a regional processing country is a member of the same family unit as a minor who is in Australia, and the Minister has approved the person’s transfer under proposed section 198G, the officer must, for a temporary purpose, bring the transitory person to Australia.

 

3.       Proposed new subsection 198(5A) provides that an officer must not bring a person to Australia in accordance with proposed new subsection 198(5) if the officer knows or reasonably suspects that the does not pass the character test under subsection 501(6) of the Migration Act 1958.

 

4.       Current subsection 501(6) provides that a person who does not pass the character test may be refused a visa to enter Australia. Proposed subsection 198(5A) ensures that people who would not otherwise pass the character test are not be brought to Australia.