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senate vote 2018-12-06#17

Edited by mackay staff

on 2023-05-26 10:50:24

Title

  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Character test
  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - in Committee - Character test

Description

  • The majority voted against a [government amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_60abd0e7-adf3-4b01-a24d-88065b31ccbf%22) to [amendments](https://theyvoteforyou.org.au/divisions/senate/2018-12-06/20) moved by South Australian Senator [Tom Storer](https://theyvoteforyou.org.au/people/senate/sa/tim_storer) (Independent) and Tasmanian [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens). This means the government amendment failed.
  • ### Government amendment text
  • > *(1) After proposed subsection 198C(5), insert:*
  • >
  • >> *(5A) An officer must not bring a person to Australia from a regional processing country in accordance with subsections (3) to (5) if the officer knows or reasonably suspects that the person does not pass the character test under section 501(6).*
  • ### What does this bill do?
  • According to its [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd112), the purpose of the [Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6069) is to:
  • * *clarify that where the removal of a non-citizen from the migration zone to another country is unsuccessful, a visa is not required to bring the person back to Australia and they remain subject to statutory bars on subsequent visa applications, where applicable (Schedule 1)*
  • * *provide that the Minister may make documents available to a person by way of an online account (Schedule 2)*
  • * *provide that the Commonwealth may appropriate money from the Consolidated Revenue Fund to pay refunds, rebates or drawbacks of customs duty in circumstances where those payments have no other statutory basis (Schedule 3)*
  • * *specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).*
senate vote 2018-12-06#17

Edited by mackay staff

on 2023-05-26 10:27:39

Title

  • Business — Consideration of Legislation
  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Character test

Description

  • <p class="speaker">Scott Ryan</p>
  • <p>The Senate will now consider amendments. We will commence with amendments on sheet 8619, circulated by Senator Storer and the Australian Greens. The first question I need to put addresses amendments circulated by the government to those amendments. Senator Bernardi, on a point of order.</p>
  • The majority voted against a [government amendment](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_60abd0e7-adf3-4b01-a24d-88065b31ccbf%22) to [amendments](https://theyvoteforyou.org.au/divisions/senate/2018-12-06/20) moved by South Australian Senator [Tom Storer](https://theyvoteforyou.org.au/people/senate/sa/tim_storer) (Independent) and Tasmanian [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens). This means the government amendment failed.
  • ### Government amendment text
  • > *(1) After proposed subsection 198C(5), insert:*
  • >
  • >> *(5A) An officer must not bring a person to Australia from a regional processing country in accordance with subsections (3) to (5) if the officer knows or reasonably suspects that the person does not pass the character test under section 501(6).*
  • <p class="speaker">Cory Bernardi</p>
  • <p>These amendments relate to this bill. They should be dealt with separately because they address different substantive issues in relation to home affairs and border protection, so I would request that each of these amendments be put separately.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>Senator Wong, on a point of order?</p>
  • <p class="speaker">Penny Wong</p>
  • <p>Enough of the time wasting. The only basis on which that should be requested in these circumstances is if a senator indicates they are going to vote differently on any amendment, so I invite any senator who wants to do that to indicate so now.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>Senator Bernardi, on the point of order?</p>
  • <p class="speaker">Cory Bernardi</p>
  • <p>Firstly, no senator should be bullied in this place by a hectoring Leader of the Opposition in the Senate. Secondly&#8212;</p>
  • <p>Honourable senators interjecting&#8212;</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>Order! This is not a time for debate.</p>
  • <p class="speaker">Cory Bernardi</p>
  • <p>I'm quite happy to indicate that I intend to vote differently in accordance with some of these amendments.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>The Senate has expressed its will to have these matters dealt with, so the amendments have been grouped accordingly and in line with precedent on these matters. The first issue, however, we will be dealing with is actually the amendments to the amendments moved by Senator Storer and the Australian Greens on sheets LX140 and LX141, which are the two amendments moved by the government. So we are actually dealing with LX140 and LX141. Do you intend to vote differently on those, Senator Bernardi?</p>
  • <p class="speaker">Cory Bernardi</p>
  • <p>Indeed, I do.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>In that case, I will have to put them separately.</p>
  • <p class="speaker">Penny Wong</p>
  • <p>Can we clarify which ones he intends to vote differently on?</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>For the clarity of the chamber, I'm actually treating the amendments as sheets, so I will be putting sheet LX140 separately to sheet LX141. The question is that the amendments on sheet LX140 to the amendments moved by Senator Storer and the Australian Greens on sheet 8619 be agreed to.</p>