Bill
Migration Amendment (Strengthening the Character Test) Bill 2019
lapsed, as at 2021-10-20. Immigration, Citizenship, Migrant Services and Multicultural Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration, Citizenship, Migrant Services and Multicultural Affairs
Recorded stages
- introduced — 2019-07-04
- second reading — 2019-07-04
- second reading — 2019-09-18
- second reading — 2019-09-19
- third reading — 2019-09-19
- introduced — 2019-09-19
- second reading — 2019-09-19
- second reading — 2021-10-20
- second reading — 2021-10-20
Divisions
- Migration Amendment (Strengthening the Character Test) Bill 2019 - Second Reading - Refuse a second reading — 2019-09-18, House of Representatives: negative, ayes 63, noes 75
- Migration Amendment (Strengthening the Character Test) Bill 2019 - Second Reading - Agree with bill's main idea — 2019-09-18, House of Representatives: affirmative, ayes 75, noes 63
- The same number of senators voted for and against a [motion](https://www.openaustralia.org.au/senate/?gid=2021-10-20.18.6) to agree with main idea of [the bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fbillhome%2Fr6349%22), which means the motion failed. In parliamentary jargon, they declined to read the bill for a [second time](https://peo.gov.au/understand-our-parliament/how-parliament-works/bills-and-laws/making-a-law-in-the-australian-parliament/). This means that the bill will no longer be considered and will not become law. ### What is the bill's main idea? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd012): > *The purpose of the Migration Amendment (Strengthening the Character Test) Bill 2019 (the Bill) is to amend the Migration Act 1958 (Cth) (the Act) to specify that a person does not pass the character test—and may have their visa cancelled or visa application refused—if they have been convicted of a ‘designated offence’.* A 'designated offence' is [defined in proposed subsection 501(7AA)](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd012#_Toc14860870) as "*an offence against a law in force in Australia or a foreign country, which:* * *involves one or more of a list of specified ‘physical elements’ and* * *is punishable by a maximum or fixed term of imprisonment of not less than two years.*" ### *** Caution *** The voting data for this division is currently incorrect. It appears to have been flipped. The Coalition should be marked as voting "Yes" (it's their bill) with the Opposition etc. voting "No". See the [Hansard](https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansards/25180/&sid=0000) for the correct voting data. — 2021-10-20, Senate: negative, ayes 25, noes 25
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2019-07-04.
The bill would narrow the definition of a designated offence for the character test in migration law.
A conviction for common assault would not count as a designated offence unless it caused or substantially contributed to bodily or mental harm, or involved family violence.
The amendments would also align the definition of character concern in the Migration Act 1958 with the revised designated offence definition.
- Refines the scope of what constitutes a designated offence.
- Clarifies that common assault convictions are excluded from designated offences unless they meet specific harm or family violence conditions.
- Aligns the definition of character concern with the designated offence definition.
People applying for visas or facing character assessments under the Migration Act 1958.
Sources
em
em supp
billhome