Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration and Other Legislation
Amendment (Enhanced Integrity) Bill
2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to amend the law relating to
migration, and for related purposes
No. , 2017
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Public disclosure of sanctions
3
Migration Act 1958
3
Part 2--Review of decisions relating to certain visas
4
Migration Act 1958
4
Part 3--Tax file numbers
5
Income Tax Assessment Act 1936
5
Migration Act 1958
5
Taxation Administration Act 1953
7
Part 4--Technical amendments
8
Migration Act 1958
8
No. , 2017
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
1
A Bill for an Act to amend the law relating to
1
migration, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Migration and Other Legislation Amendment
5
(Enhanced Integrity) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A day or days to be fixed by Proclamation.
However, if any of the provisions do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
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
Amendments Schedule 1
Public disclosure of sanctions Part 1
No. , 2017
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
3
Schedule 1--Amendments
1
Part 1--Public disclosure of sanctions
2
Migration Act 1958
3
1 At the end of section 140K
4
Add:
5
Publishing information about sanctions
6
(4) The Minister must, subject to subsection (7), publish the
7
information (including personal information) prescribed by the
8
regulations if an action is taken under this section in relation to an
9
approved sponsor or former approved sponsor who fails to satisfy
10
an applicable sponsorship obligation.
11
(5) The Minister is not required to observe any requirements of the
12
natural justice hearing rule in publishing information under
13
subsection (4).
14
(6) No civil liability arises from action taken by the Minister in good
15
faith in publishing information under subsection (4).
16
(7) The regulations may prescribe circumstances in which the Minister
17
is not required to publish information under subsection (4).
18
2 At the end of section 140ZH
19
Add:
20
Note:
The Minister may also publish personal information relating to actions
21
taken under section 140K (sanctions for failing to satisfy sponsorship
22
obligations) (see subsection 140K(4)).
23
3 Application of amendments
24
The amendment of section 140K of the Migration Act 1958 made by
25
this Part applies in relation to actions taken under that section on or
26
after 18 March 2015.
27
Schedule 1 Amendments
Part 2 Review of decisions relating to certain visas
4
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
No. , 2017
Part 2--Review of decisions relating to certain visas
1
Migration Act 1958
2
4 Paragraph 338(2)(d)
3
Repeal the paragraph, substitute:
4
(d) if the visa is a temporary visa of a kind (however described)
5
prescribed for the purposes of this paragraph:
6
(i) the non-citizen is, at the time the decision to refuse to
7
grant the visa is made, identified in an approved
8
nomination that has not ceased under the regulations; or
9
(ii) a review of a decision under section 140E not to
10
approve the sponsor of the non-citizen is pending at the
11
time the decision to refuse to grant the visa is made; or
12
(iii) a review of a decision under section 140GB not to
13
approve the nomination of the non-citizen is pending at
14
the time the decision to refuse to grant the visa is made;
15
or
16
(iv) except if it is a criterion for the grant of the visa that the
17
non-citizen is identified in an approved nomination that
18
has not ceased under the regulations--the non-citizen is,
19
at the time the decision to refuse to grant the visa is
20
made, sponsored by an approved sponsor.
21
5 Application of amendments
22
The amendments of section 338 of the Migration Act 1958 made by this
23
Part apply in relation to decisions made after this item commences.
24
Amendments Schedule 1
Tax file numbers Part 3
No. , 2017
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
5
Part 3--Tax file numbers
1
Income Tax Assessment Act 1936
2
6 At the end of section 202
3
Add:
4
; and (t) to facilitate the administration of the Migration Act 1958.
5
Migration Act 1958
6
7 Subsection 5(1)
7
Insert:
8
tax file number has the meaning given by subsection 995-1(1) of
9
the Income Tax Assessment Act 1997.
10
8 After section 506A
11
Insert:
12
506B Tax file numbers
13
Request for tax file numbers
14
(1) The Secretary may request any of the persons mentioned in
15
subsection (2) to provide the tax file number of a person (the
16
relevant person) who is an applicant for, or holder or former
17
holder of, a visa of a kind (however described) prescribed by the
18
regulations.
19
(2) For the purposes of subsection (1), the persons are any of the
20
following:
21
(a) the applicant, holder or former holder;
22
(b) an approved sponsor of the applicant, holder or former
23
holder;
24
(c) a former approved sponsor of the applicant, holder or former
25
holder;
26
Schedule 1 Amendments
Part 3 Tax file numbers
6
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
No. , 2017
(d) a person who has nominated the applicant or holder in an
1
approved nomination that has not ceased under the
2
regulations;
3
(e) a person who nominated the holder or former holder in an
4
approved nomination that has ceased under the regulations.
5
(3) A person to whom a request is made under subsection (1) who is
6
lawfully in possession of the tax file number may disclose the tax
7
file number in accordance with the request.
8
Verification of tax file numbers
9
(4) The Secretary may provide the tax file number to the
10
Commissioner of Taxation for the purpose of verifying the tax file
11
number.
12
(5) On receiving the tax file number, the Commissioner of Taxation
13
may give the Secretary a written notice in accordance with the
14
following table.
15
16
Notices of the Commissioner of Taxation
Item
If ...
the Commissioner may
give the Secretary
written notice ...
1
the Commissioner is satisfied that the number
is correct
informing the Secretary
accordingly.
2
(a) the Commissioner is satisfied that the tax
file number is not correct; and
(b) the Commissioner is satisfied that the
relevant person has a tax file number;
of the correct tax file
number.
3
(a) the Commissioner is satisfied that the tax
file number is not correct; and
(b) the Commissioner is not satisfied that the
relevant person has a tax file number;
informing the Secretary
accordingly.
Commissioner of Taxation may provide tax file number
17
(6) The Commissioner of Taxation may provide the tax file number of
18
a person to the Secretary if the Secretary advises the Commissioner
19
that the person is a relevant person.
20
Amendments Schedule 1
Tax file numbers Part 3
No. , 2017
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
7
Use, records or disclosures of tax file numbers
1
(7) A tax file number provided under this section may be used,
2
recorded or disclosed by an officer for any purposes prescribed by
3
the regulations.
4
Taxation Administration Act 1953
5
9 Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)
6
Omit "or (s)", substitute ", (s) or (t)".
7
10 Application of amendments
8
The amendments of the Income Tax Assessment Act 1936, the
9
Migration Act 1958 and the Taxation Administration Act 1953 made by
10
this Part apply in relation to the following:
11
(a) any request to quote a person's tax file number that is made
12
after this item commences;
13
(b) any record of a person's tax file number that is made or
14
maintained, or any use, divulging or communication of a
15
person's tax file number that occurs, after this item
16
commences.
17
Schedule 1 Amendments
Part 4 Technical amendments
8
Migration and Other Legislation Amendment (Enhanced Integrity) Bill
2017
No. , 2017
Part 4--Technical amendments
1
Migration Act 1958
2
11 Subparagraph 140K(1)(a)(iv)
3
Omit "119", substitute "114".
4
12 Subparagraph 140K(1)(a)(v)
5
Omit "120", substitute "115".
6
13 Subparagraph 140K(2)(a)(iii)
7
Omit "119", substitute "114".
8
14 Subparagraph 140K(2)(a)(iv)
9
Omit "120", substitute "115".
10