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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Migration Amendment Bill 2024
No. , 2024
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2024
Migration Amendment Bill 2024
i
Contents
1
Short title ........................................................................... 1
2
Commencement ................................................................. 1
3
Schedules........................................................................... 2
Schedule 1--Cessation of certain bridging visas
3
Part 1--Main amendments
3
Migration Act 1958
3
Part 2--Other amendments
6
Migration Act 1958
6
Schedule 2--Civil liability immunity
9
Migration Act 1958
9
Schedule 3--Disclosure etc. of criminal history information
12
Migration Act 1958
12
Schedule 4--Disclosure etc. of information to foreign countries
15
Migration Act 1958
15
Schedule 5--Spending authority for third country reception
arrangements
18
Migration Act 1958
18
Schedule 6--Subclass 070 (Bridging (Removal Pending)) visas
20
Migration Act 1958
20
Schedule 7--Other amendments relating to subclass 070
(Bridging (Removal Pending)) visas
23
Migration Act 1958
23
No. , 2024
Migration Amendment Bill 2024
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Migration Amendment Act 2024
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Migration Amendment Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Cessation of certain bridging visas
Schedule 1
Main amendments
Part 1
No. , 2024
Migration Amendment Bill 2024
3
Schedule 1--Cessation of certain bridging
1
visas
2
Part 1--Main amendments
3
Migration Act 1958
4
1 After section 76
5
Insert:
6
76AAA Cessation of certain bridging visas--holder has permission
7
to enter and remain in another country
8
(1) This section applies in relation to a non-citizen if:
9
(a) the non-citizen holds a Subclass 070 (Bridging (Removal
10
Pending)) visa; and
11
(b) the non-citizen has permission (however described), granted
12
by a foreign country, to enter and remain in that country; and
13
(c) the foreign country is a party to a third country reception
14
arrangement (within the meaning of section 198AHB) that is
15
in force; and
16
(d) none of the following apply:
17
(i) the non-citizen has made a valid application for a
18
protection visa that has not been finally determined;
19
(ii) the non-citizen could not be removed to the foreign
20
country because of subsection 197C(3) if the
21
non-citizen were an unlawful non-citizen;
22
(iii) the non-citizen is a child under 18.
23
(2) The Minister must give the non-citizen notice that this section
24
applies in relation to the non-citizen.
25
(3) The notice:
26
(a) must be given as soon as reasonably practicable after this
27
section starts to apply in relation to the non-citizen; and
28
(b) may be given orally or in writing.
29
Schedule 1
Cessation of certain bridging visas
Part 1
Main amendments
4
Migration Amendment Bill 2024
No. , 2024
(4) Despite any other provision of this Act or the regulations, the visa
1
ceases to be in effect immediately after:
2
(a) if the notice is given by a method specified in
3
section 494B--the non-citizen is taken to have received the
4
notice; or
5
(b) otherwise--the non-citizen receives the notice.
6
Note 1:
If the Minister gives a person a document by a method specified in
7
section 494B, the person is taken to have received the document at the
8
time specified in section 494C in respect of that method.
9
Note 2:
The visa period for the visa ends when it ceases to be in effect under
10
this subsection.
11
(5) The rules of natural justice do not apply to the giving of a notice
12
under subsection (2).
13
(6) For the purposes of paragraph (1)(b), a permission to enter the
14
foreign country may be unconditional or a permission to enter that
15
is subject to the non-citizen doing one or more things required by
16
the foreign country that the non-citizen is capable of doing before
17
entering the country.
18
(7) If:
19
(a) notice (the
earlier notice
) is given to a non-citizen under
20
subsection (2) (including under a previous application of this
21
subsection); and
22
(b) the non-citizen is subsequently granted another Subclass 070
23
(Bridging (Removal Pending)) visa (the
later visa
); and
24
(c) this section starts to apply in relation to the non-citizen after
25
the later visa is granted;
26
the Minister must give further notice under subsection (2) to the
27
non-citizen.
28
(8) For the purposes of paragraph (7)(c):
29
(a) the country in relation to which paragraph (1)(b) is satisfied
30
may be the same as, or different from, the country in relation
31
to which paragraph (1)(b) was satisfied for the earlier notice;
32
but
33
(b) the permission in relation to which paragraph (1)(b) is
34
satisfied must be granted after the granting of the later visa.
35
Cessation of certain bridging visas
Schedule 1
Main amendments
Part 1
No. , 2024
Migration Amendment Bill 2024
5
(9) This section does not affect the operation of other provisions of
1
this Act or the regulations that have the effect that a Subclass 070
2
(Bridging (Removal Pending)) visa ceases to be in effect on the
3
happening of a particular event, upon the holder ceasing to have a
4
particular status or otherwise.
5
2 Section 76A (heading)
6
Repeal the heading, substitute:
7
76A Cessation of certain bridging visas, and grant of new visas, for
8
certain non-citizens
9
3 Application of amendments
10
Section 76AAA of the
Migration Act 1958
, as inserted by this Part,
11
applies in relation to a non-citizen whether the Subclass 070 (Bridging
12
(Removal Pending)) visa, or the permission of the foreign country, was
13
granted before, on or after the commencement of this item.
14
Schedule 1
Cessation of certain bridging visas
Part 2
Other amendments
6
Migration Amendment Bill 2024
No. , 2024
Part 2--Other amendments
1
Migration Act 1958
2
4 Subsection 5(1)
3
Insert:
4
removal pathway non-citizen
means:
5
(a) an unlawful non-citizen who is required to be removed from
6
Australia under section 198 as soon as reasonably
7
practicable; or
8
(b) a lawful non-citizen who holds a Subclass 070 (Bridging
9
(Removal Pending)) visa; or
10
(c) a lawful non-citizen who:
11
(i) holds a Subclass 050 (Bridging (General)) visa; and
12
(ii) at the time the visa was granted, satisfied a criterion for
13
the grant relating to the making of, or being subject to,
14
acceptable arrangements to depart Australia; or
15
(d) a lawful non-citizen who:
16
(i) holds a visa prescribed by the regulations for the
17
purposes of this subparagraph; and
18
(ii) at the time the visa was granted, satisfied a criterion for
19
the grant relating to the making of, or being subject to,
20
acceptable arrangements to depart Australia.
21
Note:
The effect of paragraph (1)(c) is that only certain non-citizens holding
22
Subclass 050 (Bridging (General)) visas will be removal pathway
23
non-citizens.
24
5 Subsections 197C(4), (5), (6) and (7)
25
Omit "For the purposes of subsection (3), a", substitute "A".
26
6 Subsection 197D(1)
27
Repeal the subsection, substitute:
28
(1) This section applies in relation to a non-citizen if:
29
(a) the non-citizen is:
30
(i) an unlawful non-citizen; or
31
Cessation of certain bridging visas
Schedule 1
Other amendments
Part 2
No. , 2024
Migration Amendment Bill 2024
7
(ii) a removal pathway non-citizen covered by
1
paragraph (b), (c) or (d) of the definition of that
2
expression in subsection 5(1); and
3
(b) the non-citizen has made a valid application for a protection
4
visa that has been finally determined; and
5
(c) in the course of considering the application, a protection
6
finding, within the meaning of subsection 197C(4), (5), (6) or
7
(7), was made for the non-citizen with respect to a country
8
(whether or not the protection visa was refused or was
9
granted and has since been cancelled).
10
7 Subsection 197D(2)
11
Omit "an unlawful non-citizen to whom paragraphs 197C(3)(a) and (b)
12
apply in relation to a valid application for a protection visa", substitute
13
"the non-citizen".
14
8 After subsection 197D(2)
15
Insert:
16
(2A) A decision made under subsection (2) is a decision of a kind
17
referred to in subparagraph 197C(3)(c)(ii), whether it is made in
18
relation to:
19
(a) an unlawful non-citizen; or
20
(b) a removal pathway non-citizen covered by paragraph (b), (c)
21
or (d) of the definition of that expression in subsection 5(1).
22
9 Subsections 197D(3) and (4)
23
Omit "an unlawful non-citizen", substitute "a non-citizen".
24
10 Paragraph 338A(1)(e)
25
Omit "an unlawful non-citizen", substitute "a non-citizen".
26
11 Application of amendments
27
(1)
Paragraphs (b) and (c) of the definition of
removal pathway non-citizen
28
in subsection 5(1) of the
Migration Act 1958
, as inserted by this Part,
29
apply in relation to a non-citizen who holds a visa, whether the visa was
30
granted before, on or after the commencement of this item.
31
Schedule 1
Cessation of certain bridging visas
Part 2
Other amendments
8
Migration Amendment Bill 2024
No. , 2024
(2)
Section 197D of the
Migration Act 1958
, as amended by this Part,
1
applies in relation to a protection finding, whether the protection finding
2
is made before, on or after the commencement of this item.
3
Civil liability immunity
Schedule 2
No. , 2024
Migration Amendment Bill 2024
9
Schedule 2--Civil liability immunity
1
2
Migration Act 1958
3
1 At the end of section 198
4
Add:
5
No civil liability for removal
6
(12) No civil liability is incurred by an officer or the Commonwealth in
7
relation to any act or thing done, or omitted to be done, by the
8
officer in good faith and in the exercise of the officer's powers, or
9
the performance of the officer's functions or duties, under this
10
section in relation to a person:
11
(a) in relation to whom a decision has been made under
12
section 501, 501A, 501B or 501BA; or
13
(b) in relation to whom a decision has been made to refuse under
14
section 65 to grant a protection visa relying on
15
subsection 5H(2) or 36(1C); or
16
(c) whose visa has ceased to be in effect under section 76AAA.
17
(13) No civil liability is incurred by an officer, an officer of the
18
Commonwealth (including the Minister) or the Commonwealth in
19
relation to any act or thing done, or omitted to be done:
20
(a) by the officer or officer of the Commonwealth in good faith
21
and:
22
(i) in the exercise of the officer's or the officer of the
23
Commonwealth's powers; or
24
(ii) in the performance of the officer's or the officer of the
25
Commonwealth's functions or duties; or
26
(b) by a foreign country; or
27
(c) by any person in a foreign country;
28
in relation to the acceptance or receipt by a foreign country, or
29
ongoing presence in a foreign country, of a person removed from
30
Australia under this section, including any act or thing done or
31
omitted to be done:
32
(d) under or in relation to a third country reception arrangement
33
(within the meaning of section 198AHB); or
34
Schedule 2
Civil liability immunity
10
Migration Amendment Bill 2024
No. , 2024
(e) in relation to the third country reception functions (within the
1
meaning of that section) of the country.
2
2 After subsection 198AD(11)
3
Insert:
4
No civil liability for taking to regional processing country
5
(11A) No civil liability is incurred by an officer, the Minister or the
6
Commonwealth in relation to any act or thing done, or omitted to
7
be done, by the officer or the Minister in good faith and in the
8
exercise of the officer's or Minister's powers, or the performance
9
of the officer's or Minister's functions or duties, under this section.
10
(11B) No civil liability is incurred by an officer, an officer of the
11
Commonwealth (including the Minister) or the Commonwealth in
12
relation to any act or thing done, or omitted to be done:
13
(a) by the officer or officer of the Commonwealth in good faith
14
and:
15
(i) in the exercise of the officer's or the officer of the
16
Commonwealth's powers; or
17
(ii) in the performance of the officer's or the officer of the
18
Commonwealth's functions or duties; or
19
(b) by a regional processing country or another foreign country;
20
or
21
(c) by any person in a regional processing country or another
22
foreign country;
23
in relation to the acceptance or receipt by a regional processing
24
country or another foreign country, or ongoing presence in a
25
regional processing country or another foreign country, of an
26
unauthorised maritime arrival taken to a regional processing
27
country under this section (the
applicable country
), including any
28
act or thing done or omitted to be done:
29
(d) under or in relation to an arrangement (within the meaning of
30
section 198AHA) mentioned in subsection 198AHA(1) that
31
is in relation to the regional processing functions (within the
32
meaning of section 198AHA) of the applicable country; or
33
(e) in relation to the regional processing functions (within the
34
meaning of section 198AHA) of the applicable country; or
35
Civil liability immunity
Schedule 2
No. , 2024
Migration Amendment Bill 2024
11
(f) under or in relation to a third country reception arrangement
1
(within the meaning of section 198AHB); or
2
(g) in relation to the third country reception functions (within the
3
meaning of section 198AHB) of the applicable country.
4
3 Application of amendments
5
Sections 198 and 198AD of the
Migration Act 1958
, as amended by this
6
Schedule, apply in relation to acts or things done, or omitted to be done,
7
on or after the commencement of this item.
8
Schedule 3
Disclosure etc. of criminal history information
12
Migration Amendment Bill 2024
No. , 2024
Schedule 3--Disclosure etc. of criminal
1
history information
2
3
Migration Act 1958
4
1 Subsection 5(1)
5
Insert:
6
criminal history information
means information about an
7
individual's criminal history, and includes information about:
8
(a) any charge against the individual for an offence against a law
9
of the Commonwealth, a State or a Territory, whether or not
10
the individual has been found to have committed the offence;
11
and
12
(b) any finding that the individual committed such an offence,
13
whether or not the individual has been convicted of the
14
offence; and
15
(c) any conviction of the individual of such an offence, whether
16
or not the conviction is spent (however described) under:
17
(i) Part VIIC of the
Crimes Act 1914
; or
18
(ii) a law of a State or Territory; and
19
(d) any other result of a proceeding for the prosecution of the
20
individual for such an offence.
21
2 After section 501L
22
Insert:
23
501M Collection, use and disclosure of criminal history information
24
Collection, use and disclosure
25
(1) The Minister or an officer of the Department may collect, use, or
26
disclose to a person or body, criminal history information for the
27
purpose of informing, directly or indirectly, the performance of a
28
function or the exercise of a power under this Act or the
29
regulations.
30
Disclosure etc. of criminal history information
Schedule 3
No. , 2024
Migration Amendment Bill 2024
13
Secondary use and disclosure
1
(2) If a person or body receives criminal history information as a result
2
of a disclosure under subsection (1), the person or body may
3
collect, use, or disclose to a person or body, the information for the
4
purpose of providing advice or recommendations, directly or
5
indirectly, to the Minister or an officer of the Department on
6
matters relating to the performance of a function or the exercise of
7
a power under this Act or the regulations.
8
Existing prohibitions do not apply
9
(3) This section has effect despite:
10
(a) any other provision of this Act or the regulations, Division 3
11
of Part VIIC of the
Crimes Act 1914
, or any other law of the
12
Commonwealth; or
13
(b) any law of a State or Territory.
14
No limitation on existing powers
15
(4) This section does not limit any other powers the Minister or an
16
officer of the Department has to collect, use or disclose
17
information under this Act, the regulations or any other law of the
18
Commonwealth.
19
Note:
For example, the Minister or an officer of the Department may also
20
collect, use, or disclose to the government of a foreign country, for
21
certain purposes, criminal history information about certain
22
non-citizens (see section 198AAA).
23
3 Application of amendments
24
Section 501M of the
Migration Act 1958
, as inserted by this Schedule,
25
applies in relation to a use or disclosure of information that occurs on or
26
after the commencement of this item, whether the information was
27
obtained before, on or after that commencement.
28
4 Validation of things done in relation to criminal history
29
information before commencement
30
(1)
This item applies if:
31
(a) a person or body collected, used or disclosed criminal history
32
information before the commencement of this item; and
33
Schedule 3
Disclosure etc. of criminal history information
14
Migration Amendment Bill 2024
No. , 2024
(b) the collection, use or disclosure would, apart from
1
subitem (2), be wholly or partly invalid or unlawful because
2
of a law of the Commonwealth, a State or a Territory.
3
(2)
The collection, use or disclosure is, and is taken always to have been, as
4
valid and lawful as it would have been if section 501M of the
Migration
5
Act 1958
, as inserted by this Schedule, had been in force when the
6
collection, use or disclosure occurred.
7
(3)
To avoid doubt, if a thing done or purportedly done before the
8
commencement of this item would, apart from subitem (2), be wholly or
9
partly invalid or unlawful, then the thing done or purportedly done is
10
taken for all purposes to be, and to have always been, valid and lawful,
11
despite any effect that may have on the accrued rights of any person.
12
Note:
The things referred to in this subitem include, for example, the making of a decision
13
under the
Migration Act 1958
or regulations under that Act.
14
(4)
For the purposes of applying this item in relation to civil or criminal
15
proceedings, this item applies in relation to:
16
(a) civil and criminal proceedings instituted on or after the
17
commencement of this item; and
18
(b) civil and criminal proceedings instituted before the
19
commencement of this item, being proceedings that are
20
concluded:
21
(i) before the commencement of this item; or
22
(ii) on or after the commencement of this item.
23
Disclosure etc. of information to foreign countries
Schedule 4
No. , 2024
Migration Amendment Bill 2024
15
Schedule 4--Disclosure etc. of information to
1
foreign countries
2
3
Migration Act 1958
4
1 At the end of Subdivision A of Division 8 of Part 2
5
Add:
6
198AAA Collection, use and disclosure of information to foreign
7
countries
8
(1) The Minister or an officer of the Department may collect, use, or
9
disclose to the government of a foreign country, for a purpose
10
mentioned in subsection (2), information (including personal
11
information) about:
12
(a) a removal pathway non-citizen; or
13
(b) a former removal pathway non-citizen who does not hold a
14
substantive visa or criminal justice visa.
15
Note:
To avoid doubt, personal information includes criminal history
16
information.
17
(2) The purposes are as follows:
18
(a) determining whether there is a real prospect of the removal of
19
the non-citizen from Australia under section 198 becoming
20
practicable in the reasonably foreseeable future;
21
(b) facilitating the removal of the non-citizen from Australia
22
under that section;
23
(c) taking action or making payments in relation to:
24
(i) a third country reception arrangement (within the
25
meaning of section 198AHB); or
26
(ii) the third country reception functions (within the
27
meaning of that section) of a foreign country;
28
(d) doing a thing that is incidental or conducive to the taking of
29
an action, or the making of a payment, mentioned in
30
paragraph (c);
31
(e) purposes directly or indirectly connected with, or incidental
32
to, any of the above.
33
Schedule 4
Disclosure etc. of information to foreign countries
16
Migration Amendment Bill 2024
No. , 2024
Circumstances in which information must not be disclosed
1
(3) However, information about a non-citizen must not be disclosed to
2
the government of a foreign country under subsection (1) if:
3
(a) the non-citizen has made a valid application for a protection
4
visa that has not been finally determined; or
5
(b) in the case of an unlawful non-citizen--the non-citizen
6
cannot be removed to that country because of
7
subsection 197C(3); or
8
(c) in the case of a lawful non-citizen--the non-citizen could not
9
be removed to that country because of subsection 197C(3) if
10
the non-citizen were an unlawful non-citizen.
11
Certain existing prohibitions do not apply
12
(4) Despite Division 3 of Part VIIC of the
Crimes Act 1914
, any other
13
law of the Commonwealth,
or any law of a State or Territory, this
14
section has effect in relation to information about any conviction of
15
an individual that is spent (however described) under any of those
16
laws.
17
No limitation on existing powers
18
(5) This section does not limit any other powers the Minister or an
19
officer of the Department has to collect, use or disclose
20
information under this Act, the regulations or any other law of the
21
Commonwealth.
22
Note:
For example, the Minister or an officer of the Department may also
23
collect, use, or disclose to a person or body, criminal history
24
information for the purpose of informing the performance of a
25
function or the exercise of a power under this Act or the regulations
26
(see section 501M).
27
Definitions
28
(6) In this section:
29
government
of a foreign country means:
30
(a) the government of the foreign country or of part of the
31
foreign country; or
32
(b) an agency or authority of the government of the foreign
33
country; or
34
Disclosure etc. of information to foreign countries
Schedule 4
No. , 2024
Migration Amendment Bill 2024
17
(c) an agency or authority of the government of part of the
1
foreign country; or
2
(d) a local government body or regional government body of the
3
foreign country.
4
2 Application of amendments
5
Section 198AAA of the
Migration Act 1958
, as added by this Schedule,
6
applies in relation to a use or disclosure of information that occurs on or
7
after the commencement of this item, whether the information was
8
obtained before, on or after that commencement.
9
Schedule 5
Spending authority for third country reception arrangements
18
Migration Amendment Bill 2024
No. , 2024
Schedule 5--Spending authority for third
1
country reception arrangements
2
3
Migration Act 1958
4
1 After section 198AHA
5
Insert:
6
198AHB Power to take action etc. in relation to third country
7
reception arrangement
8
(1) This section applies if the Commonwealth enters into an
9
arrangement (
third country reception arrangement
) with a foreign
10
country in relation to the removal of non-citizens from Australia
11
and their acceptance, receipt or ongoing presence in the foreign
12
country.
13
(2) The Commonwealth may do all or any of the following:
14
(a) take, or cause to be taken, any action (not including
15
exercising restraint over the liberty of a person) in relation to
16
the third country reception arrangement or the third country
17
reception functions of the foreign country;
18
(b) make payments, or cause payments to be made, in relation to
19
the third country reception arrangement or the third country
20
reception functions of the foreign country;
21
(c) do anything else that is incidental or conducive to the taking
22
of such action or the making of such payments.
23
(3) To avoid doubt, subsection (2) is intended to ensure that the
24
Commonwealth has capacity and authority to take action, without
25
otherwise affecting the lawfulness of that action.
26
(4) Nothing in this section limits:
27
(a) any other power or duty under this Act; or
28
(b) the executive power of the Commonwealth.
29
(5) In this section:
30
action
includes action in a foreign country.
31
Spending authority for third country reception arrangements
Schedule 5
No. , 2024
Migration Amendment Bill 2024
19
arrangement
includes an arrangement, agreement, understanding,
1
promise or undertaking, whether or not it is legally binding.
2
third country reception functions
, of a foreign country, means the
3
implementation of any law or policy, or the taking of any action,
4
by that country (including, if the foreign country so decides,
5
exercising restraint over the liberty of a person) in connection with
6
the role of that country as a country which has agreed to the
7
acceptance, receipt or ongoing presence of persons who are not
8
citizens of that country, whether the implementation or the taking
9
of action occurs in that country or another country.
10
Schedule 6
Subclass 070 (Bridging (Removal Pending)) visas
20
Migration Amendment Bill 2024
No. , 2024
Schedule 6--Subclass 070 (Bridging (Removal
1
Pending)) visas
2
3
Migration Act 1958
4
1 Subsection 76E(2)
5
Omit "For the avoidance of doubt", substitute "To avoid doubt".
6
2 Paragraph 76E(4)(b)
7
Repeal the paragraph, substitute:
8
(b) either:
9
(i) the Minister is not satisfied, on the balance of
10
probabilities, that the non-citizen poses a substantial risk
11
of seriously harming any part of the Australian
12
community by committing a serious offence; or
13
(ii) if the Minister is satisfied, on the balance of
14
probabilities, that the non-citizen poses the substantial
15
risk mentioned in subparagraph (i)--the Minister is not
16
satisfied, on the balance of probabilities, that the
17
imposition of that condition, or those conditions, is
18
reasonably necessary, and reasonably appropriate and
19
adapted, for the purpose of protecting any part of the
20
Australian community from serious harm by addressing
21
that substantial risk.
22
3 After subsection 76E(4)
23
Insert:
24
(4A) In determining whether to grant a visa in accordance with
25
subsection (4), the Minister must decide whether to impose each
26
condition prescribed for the purposes of subsection (1) in the same
27
order as required by the regulations.
28
4 At the end of section 76E
29
Add:
30
Subclass 070 (Bridging (Removal Pending)) visas
Schedule 6
No. , 2024
Migration Amendment Bill 2024
21
(6) To avoid doubt, nothing in this section prevents the grant, from
1
time to time, of a Subclass 070 (Bridging (Removal Pending)) visa
2
to the non-citizen.
3
(7) In this section:
4
serious offence
has the same meaning as in Part 070 of Schedule 2
5
to the
Migration Regulations 1994
.
6
5 Application of amendments
7
(1)
Subject to subitem (2), paragraph 76E(4)(b) of the
Migration Act 1958
,
8
as repealed and substituted by this Schedule, applies in relation to a
9
Subclass 070 (Bridging (Removal Pending)) visa:
10
(a) that is granted on or after the commencement of this item; or
11
(b) that was granted on or after the commencement of the
12
Migration Amendment (Bridging Visa Conditions)
13
Regulations 2024
,
but before the commencement of this
14
item; or
15
(c) that was granted before the commencement of the
Migration
16
Amendment (Bridging Visa Conditions) Regulations 2024
, if:
17
(i) as at that commencement, the period within which the
18
holder of the visa was required to make representations
19
to the Minister under paragraph 76E(3)(b) of the
20
Migration Act 1958
had not yet ended; or
21
(ii) the holder of the visa had made such representations
22
during that period but, as at that commencement, the
23
Minister had not made a decision in relation to the visa
24
in accordance with subsection 76E(4) of the
Migration
25
Act 1958
.
26
(2)
If, because of the operation of paragraph (1)(b) or (c) of this item,
27
paragraph 76E(4)(b) of the
Migration Act 1958
, as repealed and
28
substituted by this Schedule, applies in relation to a Subclass 070
29
(Bridging (Removal Pending)) visa:
30
(a) the holder of the visa may make representations to the
31
Minister within 28 days of the commencement of this item as
32
to why the visa should not be subject to one or more
33
conditions prescribed for the purposes of
34
paragraph 76E(1)(a) of the
Migration Act 1958
; and
35
Schedule 6
Subclass 070 (Bridging (Removal Pending)) visas
22
Migration Amendment Bill 2024
No. , 2024
(b) for the purposes of paragraph 76E(4)(a) of the
Migration Act
1
1958
, the holder of the visa is taken to have made those
2
representations in accordance with an invitation under
3
paragraph 76E(3)(b) of that Act.
4
Other amendments relating to subclass 070 (Bridging (Removal Pending)) visas
Schedule 7
No. , 2024
Migration Amendment Bill 2024
23
Schedule 7--Other amendments relating to
1
subclass 070 (Bridging (Removal
2
Pending)) visas
3
4
Migration Act 1958
5
1 Subsection 68(5)
6
Omit all the words from and including "if" to and including "future.",
7
substitute "if the first visa ceases to be in effect under subsection 82(3)
8
because another Subclass 070 (Bridging (Removal Pending)) visa for
9
the non-citizen comes into effect.".
10
2 Paragraph 76B(1)(b)
11
Repeal the paragraph, substitute:
12
(b) any of the following applies:
13
(i) at the time the visa was granted, there was no real
14
prospect of the removal of the person from Australia
15
becoming practicable in the reasonably foreseeable
16
future;
17
(ii) the visa was granted under section 195A;
18
(iii) if the non-citizen has previously held other Bridging R
19
(Class WR) visas--the first of those visas was granted
20
under section 195A; and
21
3 Subsection 76E(1)
22
Omit all the words from and including "if" to and including "future.",
23
substitute "if the first visa is subject to one or more prescribed
24
conditions.".
25
4 Paragraph 76E(3)(b)
26
Omit "paragraph (1)(a)", substitute "subsection (1)".
27
5 Subsection 76E(4)
28
Omit "paragraph (1)(a)", substitute "subsection (1)".
29
Schedule 7
Other amendments relating to subclass 070 (Bridging (Removal Pending))
visas
24
Migration Amendment Bill 2024
No. , 2024
6 Application of amendments of section 68 of the Migration
1
Act 1958
2
(1)
Subsection 68(5) of the
Migration Act 1958
, as amended by this
3
Schedule, applies in relation to a Subclass 070 (Bridging (Removal
4
Pending)) visa for a non-citizen that ceases to be in effect under
5
subsection 82(3) of that Act on or after the commencement of this item,
6
whether the Subclass 070 (Bridging (Removal Pending)) visa was
7
granted before, on or after the commencement of this item.
8
(2)
Subsection 68(5) of the
Migration Act 1958
, as in force immediately
9
before the commencement of this item, continues to apply in relation to
10
a Subclass 070 (Bridging (Removal Pending)) visa that ceased to be in
11
effect under subsection 82(3) of that Act during the period:
12
(a) beginning on 18 November 2023; and
13
(b) ending immediately before the commencement of this item;
14
as if the amendments to that subsection made by this Schedule had not
15
been made.
16
7 Application of amendments of section 76B of the Migration
17
Act 1958
18
(1)
Subparagraph 76B(1)(b)(i) of the
Migration Act 1958
, as inserted by
19
this Schedule, applies in relation to a person who holds a Subclass 070
20
(Bridging (Removal Pending)) visa, whether the Subclass 070 (Bridging
21
(Removal Pending)) visa was granted before, on or after the
22
commencement of this item.
23
(2)
Subparagraph 76B(1)(b)(ii) of the
Migration Act 1958
, as inserted by
24
this Schedule, applies in relation to a person who holds a Subclass 070
25
(Bridging (Removal Pending)) visa granted on or after the
26
commencement of this item.
27
(3)
Subparagraph 76B(1)(b)(iii) of the
Migration Act 1958
, as inserted by
28
this Schedule, applies in relation to a person who holds a Subclass 070
29
(Bridging (Removal Pending)) visa that was granted without an
30
application on or after the commencement of this item, and who
31
previously held a Subclass 070 (Bridging (Removal Pending)) visa
32
granted under section 195A of the
Migration Act 1958
, whether the
33
Subclass 070 (Bridging (Removal Pending)) visa was granted under
34
Other amendments relating to subclass 070 (Bridging (Removal Pending)) visas
Schedule 7
No. , 2024
Migration Amendment Bill 2024
25
section 195A of that Act before, on or after the commencement of this
1
item.
2
8 Saving provision relating to amendments of section 76E of
3
the Migration Act 1958
4
Despite the repeal of paragraphs 76E(1)(a) and (b) of the
Migration Act
5
1958
by this Schedule, a regulation that:
6
(a) was made before the commencement of this item for the
7
purposes of paragraph 76E(1)(a) of the
Migration Act 1958
;
8
and
9
(b) was in force immediately before the commencement of this
10
item;
11
is taken to remain in force, on and after the commencement of this item,
12
as if it had been made for the purposes of subsection 76E(1) of the
13
Migration Act 1958
.
14
15
(136/24)