Bill
Migration Amendment (Character Cancellation Consequential Provisions) Bill 2016
passed, as at 2017-02-22. Immigration and Border Protection portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration and Border Protection
Recorded stages
- introduced — 2016-09-01
- second reading — 2016-09-01
- second reading — 2016-10-10
- second reading — 2016-10-10
- third reading — 2016-10-10
- introduced — 2016-10-10
- second reading — 2016-10-10
- second reading — 2017-02-09
- second reading — 2017-02-13
- second reading — 2017-02-13
- committee — 2017-02-13
- third reading — 2017-02-13
- passed — 2017-02-13
- royal assent — 2017-02-22
Divisions
- The majority voted against a [motion](http://www.openaustralia.org.au/senate/?id=2017-02-13.3.2) introduced by Greens Senator [Nick McKim,](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) which means the motion failed. ### Motion text > *At the end of the motion [that the bill be read for a [second time](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html)], add:* >> *", but the Senate is of the opinion that the Australian Parliament should have the right to deny entry to any Head of State or Head of Government on character grounds.".* — 2017-02-13, Senate: negative, ayes 8, noes 50
- The majority supported the main idea of [the bill](http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r5691), which means the Senate can now discuss the bill in greater detail. In parliamentary jargon, they voted to read the bill [for a second time](http://www.peo.gov.au/learning/fact-sheets/making-a-law.html). ### What was the bill's main idea? This bill makes changes to our visa system, particularly in terms of the power to cancel visas and the the disclosure of identifying information of non-citizens. For more information, see the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1617a/17bd005). — 2017-02-13, Senate: affirmative, ayes 50, noes 8
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2016-09-01.
This bill would fix gaps in the Migration Act so that 2014 changes to visa cancellation rules work as intended.
It would align definitions, detention powers, removal rules and review pathways for non-citizens who fail the character test.
The bill would also protect confidential information given to the Department from disclosure except in specified circumstances.
- Broadens the definition of 'character concern' to match the amended character test.
- Ensures the Minister's visa cancellation power under section 501BA does not affect other cancellation powers.
- Allows detention of a person whose visa is suspected of being cancelled under section 501BA.
- Requires release if the officer becomes aware the visa will not be cancelled.
- Makes decisions under sections 501BA and 501CA reviewable by the Federal Court instead of the Federal Circuit Court.
- Protects confidential information given to the Department from further disclosure except in specified circumstances.
Non-citizens who may be of character concern, the Minister, immigration officers, the Federal Court, the Administrative Appeals Tribunal and the Department.
Sources
em
billhome
frl act