Division
Kim Carr I would like to say a few words about the Migration and Maritime Powers Amendment Bill (No. 1) 2015. Labor supports this bill which amends two pieces of legislation passed last year that came into effect in December. The first is the Migration Amendment (Character and General Visa Cancellation ) Act 2014, which essentially strengthened the character test and gave the minister greater discretion in removing noncitizens who had committed crimes and could put the community at risk. We supported that legislation and all but one of the amendments in the present bill, which were mostly of a technical nature, relating to it. Therefore we support the bill before us now. The bill provides consistency in the treatment of deportees who, for whatever reason, have to return to Australia. At present, if a destination country refuses to accept a deportee, that person is lawfully able to return without a visa and, legally, it would be as though the deportee had never left. If a deportee's journey is disrupted for some other reason—such as an unforeseen incident in transit—that person could not return without a visa. This bill removes that anomaly and therefore all returning deportees will have the same legal standing. The bill also provides for greater consistency in the application of the character test, including requirements for information applicants must provide. Under the original legislation, information had to be supplied upfront. This bill extends that requirement to applications made on behalf of others. That is most likely to happen when the applicant is a minor. In this regard Labor is pleased that the government accepted the Senate committee's recommendation that the explanatory memorandum be amended and that the amendments clarify the operations of the legislation with respect to minors and people with cognitive impairment. The amendment will also explain retrospective provisions in the legislation. These changes remove what would otherwise have been obstacle
Senate, 2015-11-23. affirmative: ayes 41, noes 11.
Question
Kim Carr I would like to say a few words about the Migration and Maritime Powers Amendment Bill (No. 1) 2015. Labor supports this bill which amends two pieces of legislation passed last year that came into effect in December. The first is the Migration Amendment (Character and General Visa Cancellation ) Act 2014, which essentially strengthened the character test and gave the minister greater discretion in removing noncitizens who had committed crimes and could put the community at risk. We supported that legislation and all but one of the amendments in the present bill, which were mostly of a technical nature, relating to it. Therefore we support the bill before us now. The bill provides consistency in the treatment of deportees who, for whatever reason, have to return to Australia. At present, if a destination country refuses to accept a deportee, that person is lawfully able to return without a visa and, legally, it would be as though the deportee had never left. If a deportee's journey is disrupted for some other reason—such as an unforeseen incident in transit—that person could not return without a visa. This bill removes that anomaly and therefore all returning deportees will have the same legal standing. The bill also provides for greater consistency in the application of the character test, including requirements for information applicants must provide. Under the original legislation, information had to be supplied upfront. This bill extends that requirement to applications made on behalf of others. That is most likely to happen when the applicant is a minor. In this regard Labor is pleased that the government accepted the Senate committee's recommendation that the explanatory memorandum be amended and that the amendments clarify the operations of the legislation with respect to minors and people with cognitive impairment. The amendment will also explain retrospective provisions in the legislation. These changes remove what would otherwise have been obstacle
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