Bill
Migration Amendment (Aggregate Sentences) Bill 2023
passed, as at 2023-02-16. Home Affairs portfolio.
- Sponsor
- Not recorded
- Portfolio
- Home Affairs
Recorded stages
- introduced — 2023-02-07
- second reading — 2023-02-07
- second reading — 2023-02-08
- second reading — 2023-02-08
- committee — 2023-02-08
- committee — 2023-02-09
- third reading — 2023-02-09
- introduced — 2023-02-09
- second reading — 2023-02-13
- second reading — 2023-02-13
- second reading — 2023-02-13
- committee — 2023-02-13
- third reading — 2023-02-13
- passed — 2023-02-13
- royal assent — 2023-02-16
Divisions
- Migration Amendment (Aggregate Sentences) Bill 2023 - Second Reading - Agree with bill's main idea — 2023-02-08, Senate: affirmative, ayes 39, noes 11
- The majority voted against [opposition amendment (1) on sheet 1807](https://www.openaustralia.org.au/senate/?id=2023-02-08.27.1), which means it failed. This amendment would have granted the minister additional powers to cancel visas. ### What did the amendment do? Victorian Senator [James Paterson](https://theyvoteforyou.org.au/people/senate/victoria/james_paterson) (Liberal), who introduced the amendment, [explained that](https://www.openaustralia.org.au/senate/?id=2023-02-08.27.1): > *... we believe this is also an opportunity to even further extend the protections that Australians have against people on visas who commit violent offences. Consistent with the bill that was debated in the House in February last year, the Migration Amendment (Strengthening the Character Test) Bill 2021, introduced by the former government and supported at the time by the then Labor opposition, we believe that the minister should have additional powers. It will not be compulsory for the minister to exercise these powers; it will be up to the judgement of the minister. But it will widen the scope of the minister's power to protect Australians from people who commit very serious crimes but receive shorter sentences than are currently captured by the act.* — 2023-02-08, Senate: negative, ayes 28, noes 35
- The majority voted in favour of *disagreeing* with an [amendment](https://www.openaustralia.org.au/debate/?id=2023-02-13.120.1) introduced by Wannon MP [Dan Tehan](https://theyvoteforyou.org.au/people/representatives/wannon/dan_tehan) (Liberal), which means it failed. ### What does this amendment do? Mr Tehan [explained that](https://www.openaustralia.org.au/debate/?id=2023-02-13.120.1): > *This amendment is a very sensible amendment. It gives the minister the ability to act in instances of domestic violence, sexual assault, murder, illegal possession of firearms. It is a very sensible amendment.* See [his contribution](https://www.openaustralia.org.au/debate/?id=2023-02-13.120.1) for more information. — 2023-02-13, House of Representatives: affirmative, ayes 88, noes 57
- Migration Amendment (Aggregate Sentences) Bill 2023 - Consideration in Detail - Exception — 2023-02-13, House of Representatives: affirmative, ayes 55, noes 13
- Migration Amendment (Aggregate Sentences) Bill 2023 - Consideration in Detail - Agree with the bill — 2023-02-13, House of Representatives: affirmative, ayes 55, noes 13
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-02-07.
This bill would change the Migration Act so that a single prison sentence imposed for multiple offences counts the same as a sentence for one offence in all decisions under the Act.
It does this by clarifying that aggregate sentences—one term of imprisonment for several crimes—are treated consistently, overriding a court ruling that said such sentences did not count as a 'substantial criminal record'.
The government says any person receiving an aggregate sentence of 12 months or more would fail the character test, and the bill also validates past decisions that might have been invalid due to the court ruling.
- Ensures aggregate sentences are treated the same as single-offence sentences under the Migration Act and Regulations.
- Validates past visa decisions and actions that may have been invalid after the Federal Court's decision in Pearson.
- Allows affected non-citizens to pursue or continue review and revocation avenues after validation.
Non-citizens with aggregate criminal sentences, visa decision-makers, and the government's immigration detention and removal processes.
Sources
em
billhome
frl act