Bill
Migration Amendment Bill 2024
passed, as at 2024-12-04. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2024-11-07
- second reading — 2024-11-07
- second reading — 2024-11-19
- other — 2024-11-19
- second reading — 2024-11-20
- other — 2024-11-20
- second reading — 2024-11-20
- committee — 2024-11-20
- third reading — 2024-11-20
- introduced — 2024-11-25
- second reading — 2024-11-25
- second reading — 2024-11-28
- third reading — 2024-11-28
- passed — 2024-11-28
- royal assent — 2024-12-04
Divisions
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/debates/?id=2024-11-20.60.1) to agree with the main idea of the bill. In parliamentary jargon, they voted to read the bill a second time. ### What does the bill do? According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd2425/25bd031) (which is a document prepared by the parliamentary jargon): > * *The Migration Amendment Bill 2024 (the Bill) will amend the Migration Act 1958 to introduce new measures for removing certain non-citizens from Australia. This includes enabling the Government to take actions regarding ‘third country reception arrangements’ to facilitate the removal of non-citizens to a foreign country.* > > * *The Bill is set in the context of the High Court of Australia’s judgment in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, which found that indefinite immigration detention was unconstitutional because it was punitive.* > > * *The Bill introduces measures to support the removal arrangements, some of which, including immunity protections for the Commonwealth and broad powers to collect and disclose information, will extend beyond the ‘NZYQ cohort’.* > > * *The Bill also responds to the decision of the High Court in YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs regarding the unconstitutionality of imposing curfew and electronic monitoring conditions on Bridging (Removal Pending) visa holders, also finding this was punitive. The Bill introduces a new test which the Minister must apply before such conditions are imposed.* > > * *Commentary from legal experts questions whether the test regarding the imposition of the conditions resolves the matter of unconstitutionality, and suggests the legislation will be challenged.* > > * *Noting commentary on the Migration Amendment (Removal and Other Measures) Bill 2024, which also responded to NZYQ, stakeholders are likely to raise significant o — 2024-11-20, House of Representatives: affirmative, ayes 50, noes 9
- Andrew McLachlan I will now deal with the Migration Amendment Bill 2024 and two other bills, starting with the second reading amendments. The question is that the Pauline Hanson's One Nation amendment on sheet 2619 be agreed to. _Pauline Hanson's One Nation's circulated amendment_ _in respect of the_ _Migration Amendment_ _(Removal and Other Measures)_ _Bill 2024_ At the end of the motion, add ", but the Senate notes that this bill does not: (a) solve the problem of removing non-citizens from immigration detention and deporting them or removing non-citizens who have no valid reason for remaining in Australia; or (b) actually enforce deportation, it only swaps detention centres for jail". — 2024-11-28, Senate: negative, ayes 3, noes 32
- Andrew McLachlan I will now deal with the second reading amendment circulated by Senator Thorpe on sheet 2500. The question is that the amendment on sheet 2500 be agreed to. _Senator Thorpe's amendment__in respect of the_ _Migration Amendment_ _(Removal and Other Measures)_ _Bill 2024_ Omit all words after "That", substitute "the bill be withdrawn and the Senate notes that the bill: (a) raises significant human rights concerns, including breaking Australia's human rights obligations as a signatory to the 1951 Refugee Convention and its 1967 Protocol to adhere to international standards in the protection of asylum seekers and refugees; (b) was not subject to a proper consultation process, with key stakeholders and experts from lived experience refugee communities not consulted; (c) criminalises refugees rather than looking at long-term strategies and solutions to address the underlying structural causes; and (d) gives the Government power to impose punitive measures on countries, which could erode diplomatic ties and weakens Australia's foreign policy relations and stability globally". Question negatived. David Pocock by leave—I withdraw the amendment on sheet 2495. Andrew McLachlan The question is that Senator David Pocock's second reading amendment on sheet 3168 be agreed to. _Senator David Pocock's amendment_ _in respect of the_ _Migration Amendment_ _(Removal and Other Measures)_ _Bill 2024_ At the end of the motion, add ", but the Senate notes that: (a) the separation of powers established by the Australian Constitution is fundamental to the protection of Australia's democracy, and (b) the executive government cannot exercise Chapter III judicial power, including to impose punishment". — 2024-11-28, Senate: negative, ayes 14, noes 24
- Andrew McLachlan The question is that the Australian Greens second reading amendment on sheet 3228 be agreed to. _Australian_ _Greens_ _'_ _circulated amendment_ _in respect of_ _the Migration Amendment Bill 2024—_ At the end of the motion, add ", but the Senate notes that: (a) this bill will be part of a brutal package of bills that will be one of the most extreme changes in migration policy since White Australia; (b) this bill and related bills will result in families being torn apart, communities being separated, and serious damage to Australia as a multicultural country; and (c) this bill should have never been proposed, and Australia is a worse place because it was". — 2024-11-28, Senate: negative, ayes 12, noes 26
- Andrew McLachlan The question now is that these bills now be read a second time. — 2024-11-28, Senate: affirmative, ayes 25, noes 13
- Andrew McLachlan I will now deal with the Committee of the Whole amendments to the Migration Amendment (Removal and Other Measures) Bill 2024, starting with amendments circulated. Katy Gallagher I table an addendum to the explanatory memorandum relating to the Migration Amendment Bill 2024. The addendum responds to matters raised by the Scrutiny of Bills Committee. And I table a supplementary explanatory memorandum relating to the government amendments to the Migration Amendment (Removal and Other Measures) Bill 2024. Long debate text truncated. — 2024-11-28, Senate: affirmative, ayes 26, noes 12
- Andrew McLachlan The question now is that the remaining stages of the bills be agreed to and the bills be now passed. — 2024-11-28, Senate: affirmative, ayes 26, noes 13
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2024-11-07.
This bill would strengthen the legal framework for managing holders of a specific bridging visa, including their removal to other countries.
It would allow the minister to impose community protection conditions, such as electronic monitoring and curfews, on certain visa holders granted under a personal ministerial power.
The amendments would apply existing legal provisions to a broader group of visa holders if the migration regulations are changed to include those granted a visa under section 195A of the Migration Act.
- The bill would insert a new schedule and make minor amendments to the Migration Act 1958.
- It would support the effective management and removal of Subclass 070 (Bridging (Removal Pending)) visa holders.
- It would ensure that community protection conditions can be applied to unlawful non-citizens granted a bridging visa under the minister's personal power.
- The bill would extend certain provisions of the Migration Act to cover an expanded cohort of visa holders if the regulations are amended.
Holders of Subclass 070 (Bridging (Removal Pending)) visas, including unlawful non-citizens granted such a visa under the minister's personal power, and the Minister for Immigration, Citizenship and Multicultural Affairs.
Sources
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