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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Character
Cancellation Consequential Provisions)
Bill 2016
No. , 2016
(Immigration and Border Protection)
A Bill for an Act to make consequential
amendments relating to the enactment of the
Migration Amendment (Character and General Visa
Cancellation) Act 2014, and for related purposes
No. , 2016
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Migration Act 1958
3
No. , 2016
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
1
A Bill for an Act to make consequential
1
amendments relating to the enactment of the
2
Migration Amendment (Character and General Visa
3
Cancellation) Act 2014, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Migration Amendment (Character
7
Cancellation Consequential Provisions) Act 2016.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2016
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 Paragraph 5C(1)(b)
4
Repeal the paragraph, substitute:
5
(b) the non-citizen has been convicted of an offence that was
6
committed:
7
(i) while the non-citizen was in immigration detention; or
8
(ii) during an escape by the non-citizen from immigration
9
detention; or
10
(iii) after the non-citizen escaped from immigration
11
detention but before the non-citizen was taken into
12
immigration detention again; or
13
(ba) the non-citizen has been convicted of an offence against
14
section 197A; or
15
(bb) the Minister reasonably suspects:
16
(i) that the non-citizen has been or is a member of a group
17
or organisation, or has had or has an association with a
18
group, organisation or person; and
19
(ii) that the group, organisation or person has been or is
20
involved in criminal conduct; or
21
(bc) the Minister reasonably suspects that the non-citizen has been
22
or is involved in conduct constituting one or more of the
23
following:
24
(i) an offence under one or more of sections 233A to 234A
25
(people smuggling);
26
(ii) an offence of trafficking in persons;
27
(iii) the crime of genocide, a crime against humanity, a war
28
crime, a crime involving torture or slavery or a crime
29
that is otherwise of serious international concern;
30
whether or not the non-citizen, or another person, has been
31
convicted of an offence constituted by the conduct; or
32
2 Paragraph 5C(1)(d)
33
Omit "significant".
34
Schedule 1 Amendments
4
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
No. , 2016
3 At the end of subsection 5C(1)
1
Add:
2
; or (e) a court in Australia or a foreign country has:
3
(i) convicted the non-citizen of one or more sexually based
4
offences involving a child; or
5
(ii) found the non-citizen guilty of such an offence, or found
6
a charge against the non-citizen proved for such an
7
offence, even if the non-citizen was discharged without
8
a conviction; or
9
(f) the non-citizen has, in Australia or a foreign country, been
10
charged with or indicted for one or more of the following:
11
(i) the crime of genocide;
12
(ii) a crime against humanity;
13
(iii) a war crime;
14
(iv) a crime involving torture or slavery;
15
(v) a crime that is otherwise of serious international
16
concern; or
17
(g) the non-citizen has been assessed by the Australian Security
18
Intelligence Organisation to be directly or indirectly a risk to
19
security (within the meaning of section 4 of the Australian
20
Security Intelligence Organisation Act 1979); or
21
(h) an Interpol notice in relation to the non-citizen, from which it
22
is reasonable to infer that the non-citizen would present a risk
23
to the Australian community or a segment of that community,
24
is in force.
25
4 At the end of subsection 5C(2)
26
Add:
27
; or (f) the non-citizen has:
28
(i) been found by a court to not be fit to plead, in relation to
29
an offence; and
30
(ii) the court has nonetheless found that on the evidence
31
available the non-citizen committed the offence; and
32
(iii) as a result, the non-citizen has been detained in a facility
33
or institution.
34
Amendments Schedule 1
No. , 2016
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
5
5 Paragraph 118(f)
1
Omit "or 501B", substitute ", 501B or 501BA".
2
6 Paragraph 191(2)(d)
3
Omit "or 501A", substitute ", 501A or 501BA".
4
7 Subsections 192(1) and (4)
5
Omit "or 501A", substitute ", 501A or 501BA".
6
8 Subparagraph 193(1)(a)(iv)
7
Omit "or 501B", substitute ", 501B or 501BA".
8
9 Subsection 196(4)
9
After "section 501", insert ", 501A, 501B, 501BA or 501F".
10
10 Paragraph 198(2A)(c)
11
After "section 501C", insert "or 501CA".
12
11 After subsection 198(2A)
13
Insert:
14
(2B) An officer must remove as soon as reasonably practicable an
15
unlawful non-citizen if:
16
(a) a delegate of the Minister has cancelled a visa of the
17
non-citizen under subsection 501(3A); and
18
(b) since the delegate's decision, the non-citizen has not made a
19
valid application for a substantive visa that can be granted
20
when the non-citizen is in the migration zone; and
21
(c) in a case where the non-citizen has been invited, in
22
accordance with section 501CA, to make representations to
23
the Minister about revocation of the delegate's decision--
24
either:
25
(i) the non-citizen has not made representations in
26
accordance with the invitation and the period for
27
making representations has ended; or
28
(ii) the non-citizen has made representations in accordance
29
with the invitation and the Minister has decided not to
30
revoke the delegate's decision.
31
Schedule 1 Amendments
6
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
No. , 2016
Note:
The only visa that the non-citizen could apply for is a protection visa
1
or a visa specified in the regulations for the purposes of
2
subsection 501E(2).
3
12 Paragraphs 476(2)(c) and 476A(1)(c)
4
Omit "or 501C", substitute ", 501BA, 501C or 501CA".
5
13 Subsections 500(6A) and (6B)
6
After "this Act", insert ", or a decision under subsection 501CA(4) of
7
this Act not to revoke a decision to cancel a visa,".
8
14 Subsections 500(6C) and (6D)
9
After "section 501", insert ", or a decision under subsection 501CA(4)
10
not to revoke a decision to cancel a visa,".
11
15 Paragraphs 500(6F)(a) and (6G)(a)
12
After "this Act", insert "or a decision under subsection 501CA(4) of this
13
Act not to revoke a decision to cancel a visa".
14
16 Paragraphs 500(6H)(a) and (6J)(a)
15
After "section 501", insert "or a decision under subsection 501CA(4)
16
not to revoke a decision to cancel a visa".
17
17 Paragraphs 500(6K)(a) and (6L)(a)
18
After "this Act", insert "or a decision under subsection 501CA(4) of this
19
Act not to revoke a decision to cancel a visa".
20
18 Paragraph 501E(1)(a)
21
Omit "or 501B", substitute ", 501B or 501BA".
22
19 Subsection 501F(1)
23
Omit "or 501B", substitute ", 501B or 501BA".
24
20 Paragraph 503(1)(b)
25
Omit "or 501B", substitute ", 501B or 501BA".
26
Amendments Schedule 1
No. , 2016
Migration Amendment (Character Cancellation Consequential
Provisions) Bill 2016
7
21 Subsections 503A(1) and (2) and 503B(1)
1
Omit "or 501C" (wherever occurring), substitute ", 501BA, 501C or
2
501CA".
3
22 Application of amendments
4
(1)
The amendments made by items 8, 18 and 19 of this Schedule apply in
5
relation to a decision under section 501BA of the Migration Act 1958
6
made after the commencement of this item.
7
(2)
The amendment made by item 10 of this Schedule applies in relation to
8
an invitation under section 501CA of the Migration Act 1958 given
9
before or after the commencement of this item.
10
(3)
Subsection 198(2B) of the Migration Act 1958, as inserted by item 11
11
of this Schedule, applies in relation to:
12
(a) a decision under subsection 501(3A) of that Act made before
13
or after the commencement of this item; and
14
(b) an invitation under section 501CA of that Act given before or
15
after that commencement.
16
(4)
The amendment made by item 12 of this Schedule applies in relation to
17
a decision under section 501BA or 501CA of the Migration Act 1958
18
made before or after the commencement of this item.
19
(5)
The amendments made by items 13 to 17 of this Schedule apply in
20
relation to a decision made after the commencement of this item.
21
(6)
The amendment made by item 20 of this Schedule applies in relation to
22
a decision under section 501BA of the Migration Act 1958 made before
23
or after the commencement of this item.
24
(7)
The amendment made by item 21 of this Schedule applies in relation to
25
information communicated before or after the commencement of this
26
item.
27