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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Strengthening
the Character Test) Bill 2019
No. , 2019
(Immigration, Citizenship, Migrant Services and Multicultural Affairs)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2019
Migration Amendment (Strengthening the Character Test) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Migration Act 1958
3
No. , 2019
Migration Amendment (Strengthening the Character Test) Bill 2019
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 (Strengthening the
5
Character Test) Act 2019.
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 Amendment (Strengthening the Character Test) Bill 2019
No. , 2019
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2019
Migration Amendment (Strengthening the Character Test) Bill 2019
3
Schedule 1--Amendments
1
2
Migration Act 1958
3
1 Before subsection 5C(1)
4
Insert:
5
Character concern
6
2 After paragraph 5C(1)(a)
7
Insert:
8
(aa) the non-citizen has been convicted of a designated offence
9
(as defined by subsection (3)); or
10
3 Before subsection 5C(2)
11
Insert:
12
Substantial criminal record
13
4 At the end of section 5C
14
Add:
15
Designated offence
16
(3) For the purposes of subsection (1), a designated offence is an
17
offence against a law in force in Australia, or a foreign country, in
18
relation to which the following conditions are satisfied:
19
(a) one or more of the physical elements of the offence involves:
20
(i) violence against a person, including (without limitation)
21
murder, manslaughter, kidnapping, assault, aggravated
22
burglary and the threat of violence; or
23
(ii) non-consensual conduct of a sexual nature, including
24
(without limitation) sexual assault and the
25
non-consensual commission of an act of indecency or
26
sharing of an intimate image; or
27
(iii) breaching an order made by a court or tribunal for the
28
personal protection of another person; or
29
Schedule 1 Amendments
4
Migration Amendment (Strengthening the Character Test) Bill 2019
No. , 2019
(iv) using or possessing a weapon (as defined by
1
subsection (4)); or
2
(v) aiding, abetting, counselling or procuring the
3
commission of an offence that is a designated offence
4
because of any of subparagraphs (i) to (iv); or
5
(vi) inducing the commission of an offence that is a
6
designated offence because of any of subparagraphs (i)
7
to (iv), whether through threats or promises or
8
otherwise; or
9
(vii) being in any way (directly or indirectly) knowingly
10
concerned in, or a party to, the commission of an
11
offence that is a designated offence because of any of
12
subparagraphs (i) to (iv); or
13
(viii) conspiring with others to commit an offence that is a
14
designated offence because of any of subparagraphs (i)
15
to (iv);
16
(b) for an offence against a law in force in Australia--the
17
offence is punishable by:
18
(i) imprisonment for life; or
19
(ii) imprisonment for a fixed term of not less than 2 years;
20
or
21
(iii) imprisonment for a maximum term of not less than 2
22
years;
23
(c) for an offence against a law in force in a foreign country--if
24
it were assumed that the act or omission constituting the
25
offence had taken place in the Australian Capital Territory:
26
(i) the act or omission would have constituted an offence
27
(the Territory offence) against a law in force in that
28
Territory; and
29
(ii) the Territory offence would have been punishable as
30
mentioned in subparagraph (b)(i), (ii) or (iii).
31
(4) For the purposes of subparagraph (3)(a)(iv), a weapon includes:
32
(a) a thing made or adapted for use for inflicting bodily injury;
33
and
34
(b) a thing where the person who has the thing intends or
35
threatens to use the thing, or intends that the thing be used, to
36
inflict bodily injury.
37
Amendments Schedule 1
No. , 2019
Migration Amendment (Strengthening the Character Test) Bill 2019
5
5 After paragraph 501(6)(a)
1
Insert:
2
(aaa) the person has been convicted of a designated offence (as
3
defined by subsection (7AA)); or
4
6 After subsection 501(7)
5
Insert:
6
Designated offence
7
(7AA) For the purposes of the character test, a designated offence is an
8
offence against a law in force in Australia, or a foreign country, in
9
relation to which the following conditions are satisfied:
10
(a) one or more of the physical elements of the offence involves:
11
(i) violence against a person, including (without limitation)
12
murder, manslaughter, kidnapping, assault, aggravated
13
burglary and the threat of violence; or
14
(ii) non-consensual conduct of a sexual nature, including
15
(without limitation) sexual assault and the
16
non-consensual commission of an act of indecency or
17
sharing of an intimate image; or
18
(iii) breaching an order made by a court or tribunal for the
19
personal protection of another person; or
20
(iv) using or possessing a weapon (as defined by
21
subsection (7AB)); or
22
(v) aiding, abetting, counselling or procuring the
23
commission of an offence that is a designated offence
24
because of any of subparagraphs (i) to (iv); or
25
(vi) inducing the commission of an offence that is a
26
designated offence because of any of subparagraphs (i)
27
to (iv), whether through threats or promises or
28
otherwise; or
29
(vii) being in any way (directly or indirectly) knowingly
30
concerned in, or a party to, the commission of an
31
offence that is a designated offence because of any of
32
subparagraphs (i) to (iv); or
33
(viii) conspiring with others to commit an offence that is a
34
designated offence because of any of subparagraphs (i)
35
to (iv);
36
Schedule 1 Amendments
6
Migration Amendment (Strengthening the Character Test) Bill 2019
No. , 2019
(b) for an offence against a law in force in Australia--the
1
offence is punishable by:
2
(i) imprisonment for life; or
3
(ii) imprisonment for a fixed term of not less than 2 years;
4
or
5
(iii) imprisonment for a maximum term of not less than 2
6
years;
7
(c) for an offence against a law in force in a foreign country--if
8
it were assumed that the act or omission constituting the
9
offence had taken place in the Australian Capital Territory:
10
(i) the act or omission would have constituted an offence
11
(the Territory offence) against a law in force in that
12
Territory; and
13
(ii) the Territory offence would have been punishable as
14
mentioned in subparagraph (b)(i), (ii) or (iii).
15
(7AB) For the purposes of subparagraph (7AA)(a)(iv), a weapon includes:
16
(a) a thing made or adapted for use for inflicting bodily injury;
17
and
18
(b) a thing where the person who has the thing intends or
19
threatens to use the thing, or intends that the thing be used, to
20
inflict bodily injury.
21
7 Application of amendments
22
(1)
Paragraph 5C(1)(aa) of the Migration Act 1958, as in force on and after
23
the commencement of this item, applies for the purposes of
24
subsection 336E(2) of that Act in relation to a disclosure of identifying
25
information that is made on or after that commencement.
26
(2)
Paragraph 501(6)(aaa) of the Migration Act 1958, as in force on and
27
after the commencement of this item, applies to:
28
(a) a decision to grant or refuse to grant a visa, if:
29
(i) the application for the visa was made before that
30
commencement and had not been finally determined as
31
at that commencement; or
32
(ii) the application for the visa is made on or after that
33
commencement; and
34
(b) a decision made on or after that commencement to cancel a
35
visa.
36
Amendments Schedule 1
No. , 2019
Migration Amendment (Strengthening the Character Test) Bill 2019
7
(3)
The provisions of the Migration Act 1958 mentioned in subitems (1)
1
and (2) apply as mentioned in those subitems in relation to a person
2
whether the person committed or was convicted of the relevant
3
designated offence before, on or after the commencement of this item.
4