Bill

Migration Amendment (Strengthening Biometrics Integrity) Bill 2015

passed, as at 2015-08-26. Immigration and Border Protection portfolio.

Sponsor: Not recorded
Portfolio: Immigration and Border Protection

Recorded stages

introduced — 2015-03-05
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second reading — 2015-03-05
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second reading — 2015-05-13
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second reading — 2015-05-13
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third reading — 2015-05-13
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introduced — 2015-05-13
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second reading — 2015-05-13
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second reading — 2015-06-24
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second reading — 2015-08-10
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second reading — 2015-08-12
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second reading — 2015-08-12
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committee — 2015-08-12
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third reading — 2015-08-12
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other — 2015-08-13
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other — 2015-08-13
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passed — 2015-08-13
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royal assent — 2015-08-26
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Divisions

Kim Carr by leave—I move opposition amendments (1), (2), (3) and (4): (1) Schedule 1, item 34, page 7 (after line 27), after subsection 257A(7), insert: _Personal identifiers for minors or incapable persons_ (7A) If a minor or an incapable person (the _person_) is required to provide one or more personal identifiers under subsection (1), the personal identifiers must be provided: (a) in circumstances affording reasonable privacy to the person; and (b) in such a manner that ensures particular care is taken to treat the person with humanity and respect for human dignity. (2) Schedule 1, item 50, page 9 (lines 24 and 25), omit the item, substitute: 50 Subsections 261AL(5) and (6) Repeal the subsections, substitute: _Persons present while identification test is carried out_ (5) If a person who is a minor provides a personal identifier, in accordance with a requirement under Division 13AA of this Part, by way of an identification test carried out by an authorised officer, the test must be carried out in the presence of: (a) a parent or guardian of the minor; or (b) either: (i) if the minor is female—2 female independent persons; or (ii) if the minor is male—2 male independent persons. (6) However, if the Minister is the minor's guardian, the test must be carried out in the presence of: (a) if the minor is female—2 female independent persons (other than the Minister); or (b) if the minor is male—2 male independent persons (other than the Minister). (3) Schedule 1, item 53, page 10 (lines 3 and 4), omit the item, substitute: 53 Subsection 261AM(4) Repeal the subsection, substitute: _Persons present while identification test is carried out_ (4) If a person who is an incapable person provides a personal identifier, in accordance with a requirement under Division 13AA of this Part, by way of an identification test carried out by an authorised officer, the test must be carried out in the presence of: (a) a parent or guardian of the incapable person; or (b) either: (i) if the i — 2015-08-12, Senate: negative, ayes 31, noes 32
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Plain-language summary

Written by a model from the explanatory memorandum; not the record, as at 2015-03-05.

This bill would update Australia's migration laws to strengthen the use of biometrics for identity checks.

It would consolidate eight existing personal identifier collection powers into a single broad power to collect biometrics from non-citizens and citizens at the border.

The bill would also let officers collect personal identifiers from minors and incapable people without requiring consent or presence of a guardian, and would start within six months of royal assent if not proclaimed earlier.

Consolidates and simplifies the legislative framework for collecting personal identifiers.
Expands collection powers to include minors and incapable persons without guardian consent.
Adds flexibility in how and where personal identifiers can be collected.
Removes unused and unnecessary provisions from the Migration Act.

Non-citizens and citizens at the border, and minors and incapable persons in immigration contexts.

Sources

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