Bill
Migration Amendment (Charging for a Migration Outcome) Bill 2015
passed, as at 2015-11-30. Immigration and Border Protection portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration and Border Protection
Recorded stages
- introduced — 2015-09-16
- second reading — 2015-09-16
- second reading — 2015-11-10
- second reading — 2015-11-10
- third reading — 2015-11-10
- introduced — 2015-11-11
- second reading — 2015-11-11
- second reading — 2015-11-23
- second reading — 2015-11-24
- second reading — 2015-11-24
- committee — 2015-11-24
- committee — 2015-11-25
- third reading — 2015-11-25
- passed — 2015-11-25
- royal assent — 2015-11-30
Divisions
- Kim Carr I would like to indicate to the committee that it is my intention to seek leave to move six separate blocks of amendments relating to the nature of visas, increased penalties, business numbers, whistleblower protections, reporting obligations, coercion and criminal offences and civil penalties in relation to visa holders. So I indicate that these are separate measures and I believe that we can vote on these as blocks. I seek leave, firstly, to move amendments (5) to (8), (10) to (18), (22), (23), (25), (27) to (30), (32) to (37), (39) to (44) and (47) to (55). Nigel Scullion Would it be possible for Senator Carr to give us an update on the amendments he intends to deal with? Kim Carr Yes, I will repeat that. They are amendments (5) to (8), (10) to (18), (22), (23), (25), (27) to (30), (32) to (37), (39) to (44) and (47) to (55). Leave granted. by leave—I move opposition amendments (5) to (8), (10) to (18), (22), (23), (25), (27) to (30), (32) to (37), (39) to (44) and (47) to (55): (5) Schedule 1, item 1, page 3 (line 11), omit "sponsorship-related event", substitute "migration outcome-related event". (6) Schedule 1, item 1 page 3 (lines 14 and 15), omit "sponsorship-related event", substitute "migration outcome-related event". (7) Schedule 1, item 1, page 3 (line 20), omit "sponsorship-related event", substitute "migration outcome-related event". (8) Schedule 1, item 1, page 3 (line 23), omit "sponsorship-related event", substitute "migration outcome-related event". (10) Schedule 1, item 3, page 3 (after line 29), after the definition of _benefit_ in subsection (4), insert: _ migration outcome_ _-related event_ has the meaning given by section 245AQ. (11) Schedule 1, item 3, page 3 (lines 30 and 31), omit the definition of sponsorship-related event in subsection (4). (12) Schedule 1, item 6, page 4 (line 8), omit "sponsored visas", substitute "work visas". (13) Schedule 1, item 6, page 4 (after line 24), after the definition of _executive officer_ in secti — 2015-11-24, Senate: negative, ayes 28, noes 33
- Kim Carr I seek leave to move a second tranche of amendments—to increase penalties for sponsors—amendment nos (20), (21), (24), (31) and (38). Leave granted. I move: (20) Schedule 1, item 6, page 6 (line 12), omit "2 years or 360 penalty units", substitute "4 years or 720 penalty units". (21) Schedule 1, item 6, page 6 (line 16), omit "240 penalty units", substitute "480 penalty units". (24) Schedule 1, item 6, page 6 (line 29), omit "240 penalty units", substitute "480 penalty units". (31) Schedule 1, item 6, page 7 (line 21), omit "360 penalty units", substitute "720 penalty units". (38) Schedule 1, item 6, page 8 (line 20), omit "240 penalty units", substitute "480 penalty units". The current bill has a criminal offence of a maximum of two years in prison or a fine of $64,800 for individuals, or $324,000 for a corporate body, and civil offences with a maximum fine of $43,200 for individuals and $324,000 for corporate bodies. It is my view that this penalty regime is too lenient to be an effective deterrent. The evidence is that financial gains from committing offences against visa holders can be as much as $70,000 for an individual visa holder and up to $700,000 for a sponsor dealing with multiple visa holders. It may well be that people feel there is an advantage in terms of profiting from the exploitation of cheap labour under these circumstances. It clearly is not a humane approach for this parliament to take to allow such actions to continue. Clearly the government recognises this; that is why they have proposed changes to the 457 visa arrangements. However, the penalty regime remains far too low and will undermine the intent of this bill—by a simple measure: an employer that wants to exploit these people in this way will still be able to make very substantial profits out of it. So Labor's amendments provide for penalties set out in the bill to effectively be doubled. Nigel Scullion Before I address that particular amendment, I would like to thank all crossbe — 2015-11-24, Senate: negative, ayes 30, noes 32
- Kim Carr The minister made a statement after the first division thanking the crossbenchers for their support and indicating that the minister would be writing a letter this afternoon advising those senators that there would be a review. My experience here suggests to me that it implies that some arrangement has been entered into. Is that the case? Fiona Nash We understand there has been agreement with the crossbench on this very sensible legislation. Kim Carr Is it the case that an arrangement has been made in that, in return for a review, the crossbenchers have agreed to vote for this bill unamended? Fiona Nash We have made an agreement that we will review the provisions at the 12-month mark, which is a sensible way forward. Kim Carr I would like to thank Senator Xenophon for his support on that last amendment, because, clearly, he was not party to that arrangement. With that being the case, it does alter the way in which we proceed here. It is a disappointment that these issues of such profound significance to so many people should be treated in this way. I am sure others will be able to speak for themselves about that question. But it does point to the question of whether I call for divisions on each of the tranches of amendments if they are not likely to affect the vote of the chamber. I would be interested to know if anyone has a view on that question. We may well be able to get further advice on that score. It would be very helpful if the crossbenchers, when entering these arrangements, did actually advise the chamber as well. And I will take this opportunity to seek leave to move the third tranche of amendments—amendments (1) and (2), which go to the issue of Australian business numbers. Leave granted. I move those amendments: (1) Title, page 1 (line 1), after "Migration Act 1958", insert "and the A New Tax System (Australian Business Number) Act 1999". (2) Schedule 1, page 3 (before line 3), before the heading specifying _Migration Act 1958_, insert: _A New — 2015-11-24, Senate: negative, ayes 29, noes 32
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2015-09-16.
The bill would make it illegal to give or receive a benefit in exchange for a migration outcome under certain skilled work visa programs.
It would create new criminal and civil penalties for sponsors, visa holders, and third parties involved in such 'payment for visas' arrangements, and give the minister a discretionary power to cancel visas of those who engage in this activity.
The maximum penalties are 2 years imprisonment or 360 penalty units for the criminal offence, and 240 penalty units for the civil penalties.
- Creates a criminal offence for sponsors or third parties who ask for or receive a benefit in return for a sponsorship-related event.
- Introduces civil penalty provisions for sponsors or third parties who ask for or receive a benefit, and for visa holders or third parties who offer or provide a benefit.
- Adds a discretionary power to cancel a temporary or permanent visa if the holder engaged in payment for visas activity.
- Extends liability to executive officers of corporations involved in such activity under certain conditions.
- Applies the offence and penalties extraterritorially and clarifies their application to partnerships and unincorporated associations.
- Allows existing inspector and investigation powers to be used for the new offence and penalties.
Sponsors, visa applicants and holders, and third parties involved in skilled work visa programs.
Sources
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