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senate vote 2018-12-06#23
Edited by
mackay staff
on
2023-05-26 10:53:38
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Title
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Regional processing cohort- Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - in Committee - Regional processing cohort
Description
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- The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.137.1), which means they failed. The amendments would have stopped a particular group of people seeking asylum in Australia from applying for an Australian visa.
- ### What did the amendments do?
- According to the relevant [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr6069_ems_d62651ad-2a0a-4678-9ef4-d9459d182726%22):
- > *These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, amend the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.*
- >
- > *These government amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act).*
- >
- > *These groups of people will be referred to as the designated regional processing cohort.*
- >
- > *Thee government amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.*
- >
- > *These government amendments include measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.*
- >
- > *These government amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.*
- ### Amendment text
See [sheet JC575](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_4419c454-6d33-49d5-b8ae-c009bea9536a%22) for amendment text.- See [sheet JC575](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_4419c454-6d33-49d5-b8ae-c009bea9536a%22) for amendment text.
- ### 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).*
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senate vote 2018-12-06#23
Edited by
mackay staff
on
2023-05-19 13:39:36
|
Title
Description
-
The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.137.1), which means they failed.- The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.137.1), which means they failed. The amendments would have stopped a particular group of people seeking asylum in Australia from applying for an Australian visa.
- ### What did the amendments do?
- According to the relevant [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr6069_ems_d62651ad-2a0a-4678-9ef4-d9459d182726%22):
- > *These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, amend the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.*
- >
- > *These government amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act).*
- >
- > *These groups of people will be referred to as the designated regional processing cohort.*
- >
- > *Thee government amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.*
- >
- > *These government amendments include measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.*
- >
- > *These government amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.*
- ### Amendment text
- See [sheet JC575](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_4419c454-6d33-49d5-b8ae-c009bea9536a%22) for amendment text.
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senate vote 2018-12-06#23
Edited by
mackay staff
on
2023-05-19 13:24:41
|
Title
Business — Consideration of Legislation- Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Regional processing cohort
Description
<p class="speaker">Scott Ryan</p><p>We move to the amendments on sheet JC575 in the name of the government:</p><p class="italic"> <i>Government's circulated amendments—</i></p><p class="italic">(1) Page 10 (after line 13), at the end of the Bill, add:</p><p class="italic">Schedule 7—Regional Processing Cohort</p><p class="italic">Part 1—Amendments</p><p class="italic"><i>Migration Act 1958</i></p><p class="italic">1 Subsection 5(1)</p><p class="italic">Insert:</p><p class="italic"><i>member of the designated regional processing cohort</i> means:</p><p class="italic">(a) a person who:</p><p class="italic">  (i) is an unauthorised maritime arrival under subsection 5AA(1); and</p><p class="italic">  (ii) after 19 July 2013, was taken to a regional processing country under section 198AD; and</p><p class="italic">  (iii) was at least 18 years of age on the first or only occasion after 19 July 2013 when he or she was so taken to a regional processing country; or</p><p class="italic">(b) a transitory personwho:</p><p class="italic">  (i) after 19 July 2013, was taken to a regional processing country under Division 7 or 8 of Part 3 of the <i>Maritime Powers Act 2013</i>; and</p><p class="italic">  (ii) was at least 18 years of age on the first or only occasion after 19 July 2013 when he or she was so taken to a regional processing country.</p><p class="italic">2 Subsection 33(2)</p><p class="italic">Omit "subsection (3)", substitute "subsections (3) and (3A)".</p><p class="italic">3 After subsection 33(3)</p><p class="italic">Insert:</p><p class="italic">(3A) A non-citizen who is a member of the designated regional processing cohort is not taken to have been granted a special purpose visa.</p><p class="italic">(3B) The Minister may waive the operation of subsection (3A) in a particular case.</p><p class="italic">4 After subsection 46A(2)</p><p class="italic">Insert:</p><p class="italic">(2AA) An application for a visa is not a valid application if it is made by a person who:</p><p class="italic">(a) is an unauthorised maritime arrival under subsection 5AA(1); and</p><p class="italic">(b) after 19 July 2013, was taken to a regional processing country under section 198AD; and</p><p class="italic">(c) was at least 18 years of age on the first or only occasion after 19 July 2013 when he or she was so taken to a regional processing country.</p><p class="italic">(2AB) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to an unauthorised maritime arrival, determine that subsection (2AA) does not apply to an application by the unauthorised maritime arrival for a visa of a class specified in the determination.</p><p class="italic">(2AC) If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by an unauthorised maritime arrival included in a class of unauthorised maritime arrivals specified in the determination for a visa of a class specified in the determination.</p><p class="italic">5 Subsection 46A(2A)</p><p class="italic">After "subsection (2)", insert ", (2AB) or (2AC)".</p><p class="italic">6 Subsection 46A(2B)</p><p class="italic">After "determination", insert "under subsection (2), (2AB) or (2AC)".</p><p class="italic">7 Subsection 46A(2C)</p><p class="italic">After "subsection (2)", insert "or (2AB)".</p><p class="italic">8 After subsection 46A(2C)</p><p class="italic">Insert:</p><p class="italic">(2D) The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.</p><p class="italic">9 Subsection 46A(3)</p><p class="italic">Omit "(2) or (2C)", substitute "(2), (2AB), (2AC), (2C) or (2D)".</p><p class="italic">10 Paragraphs 46A(5 ) ( a) and (b)</p><p class="italic">Omit "the unauthorised", substitute "an unauthorised".</p><p class="italic">11 Subsection 46A(7)</p><p class="italic">After "subsection (2)", insert ", (2AB)".</p><p class="italic">12 At the end of section 46A</p><p class="italic">Add:</p><p class="italic">(8) The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of unauthorised maritime arrivals, whether the Minister is requested to do so by an unauthorised maritime arrival included in such a class or by any other person, or in any other circumstances.</p><p class="italic">13 After subsection 46B(2)</p><p class="italic">Insert:</p><p class="italic">(2AA) An application for a visa is not a valid application if it is made by a transitory personwho:</p><p class="italic">(a) after 19 July 2013, was taken to a regional processing country under Division 7 or 8 of Part 3 of the <i>Maritime Powers Act 2013</i>; and</p><p class="italic">(b) was at least 18 years of age on the first or only occasion after 19 July 2013 when he or she was so taken to a regional processing country.</p><p class="italic">(2AB) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a transitory person, determine that subsection (2AA) does not apply to an application by the person for a visa of a class specified in the determination.</p><p class="italic">(2AC) If the Minister thinks that it is in the public interest to do so, the Minister may, by legislative instrument, determine that subsection (2AA) does not apply to an application by a transitory person included in a class of transitory persons specified in the determination for a visa of a class specified in the determination.</p><p class="italic">14 Subsection 46B(2A)</p><p class="italic">After "subsection (2)", insert ", (2AB) or (2AC)".</p><p class="italic">15 Subsection 46B(2B)</p><p class="italic">After "determination", insert "under subsection (2), (2AB) or (2AC)".</p><p class="italic">16 Subsection 46B(2C)</p><p class="italic">After "subsection (2)", insert "or (2AB)".</p><p class="italic">17 After subsection 46B(2C)</p><p class="italic">Insert:</p><p class="italic">(2D) The Minister may, by legislative instrument, vary or revoke a determination made under subsection (2AC) if the Minister thinks that it is in the public interest to do so.</p><p class="italic">18 Subsection 46B(3)</p><p class="italic">Omit "(2) or (2C)", substitute "(2), (2AB), (2AC), (2C) or (2D)".</p><p class="italic">19 Paragraphs 46B(5 ) ( a) and (b)</p><p class="italic">Omit "the transitory", substitute "a transitory".</p><p class="italic">20 Subsection 46B(7)</p><p class="italic">After "subsection (2)", insert ", (2AB)".</p><p class="italic">21 At the end of section 46B</p><p class="italic">Add:</p><p class="italic">(8) The Minister does not have a duty to consider whether to exercise the power under subsection (2AC) or (2D) in respect of any class of transitory persons, whether the Minister is requested to do so by a transitory person included in such a class or by any other person, or in any other circumstances.</p><p class="italic"> <i>Migration Regulations</i> <i>1994</i></p><p class="italic">22 At the end of subregulation 2.07AA(2)</p><p class="italic">Add:</p><p class="italic">; and (d) the applicant is not a member of the designated regional processing cohort.</p><p class="italic">23 After subregulation 2.07AA(2)</p><p class="italic">Insert:</p><p class="italic">(2A) The Minister may waive the operation of paragraph (2) (d) in a particular case.</p><p class="italic">24 After subregulation 2.07AB(1)</p><p class="italic">Insert:</p><p class="italic">(1A) Subregulation (1) does not apply if the applicant is a member of the designated regional processing cohort.</p><p class="italic">25 At the end of subregulation 2.07AB(2)</p><p class="italic">Add:</p><p class="italic">; and (e) the applicant is not a member of the designated regional processing cohort.</p><p class="italic">26 At the end of regulation 2.07AB</p><p class="italic">Add:</p><p class="italic">(5) The Minister may waive the operation of subregulation (1A) in a particular case.</p><p class="italic">(6) The Minister may waive the operation of paragraph (2) (e) in a particular case.</p><p class="italic">27 At the end of regulation 2.07AM</p><p class="italic">Add:</p><p class="italic">(6) The Minister may waive the operation of paragraph 1402(3) (bb) of Schedule 1 in a particular case.</p><p class="italic">28 At the end of paragraph 2.08A(1 ) ( da)</p><p class="italic">Add "and".</p><p class="italic">29 After paragraph 2.08A(1 ) ( da)</p><p class="italic">Insert:</p><p class="italic">(db) the additional applicant is not a member of the designated regional processing cohort;</p><p class="italic">30 At the end of regulation 2.08A</p><p class="italic">Add:</p><p class="italic">(3) The Minister may waive the operation of paragraph (1) (db) in a particular case.</p><p class="italic">30A At the end of paragraph 2.08AAA(1 ) ( g)</p><p class="italic">Add "and".</p><p class="italic">30B After paragraph 2.08AAA(1 ) ( g)</p><p class="italic">Insert:</p><p class="italic">(ga) the additional applicant is not a member of the designated regional processing cohort;</p><p class="italic">30C At the end of regulation 2.08AAA</p><p class="italic">Add:</p><p class="italic">(3) The Minister may waive the operation of paragraph (1) (ga) in a particular case.</p><p class="italic">31 Regulation 2.11A (note)</p><p class="italic">Omit "Section 46A", substitute "Subsection 46A(1)".</p><p class="italic">32 Regulation 2.11B (note)</p><p class="italic">Omit "Section 46B", substitute "Subsection 46B(1)".</p><p class="italic">33 After paragraph 1402(3 ) ( ba) of Schedule 1</p><p class="italic">Insert:</p><p class="italic">(bb) Applicant must not be a member of the designated regional processing cohort.</p><p class="italic">34 At the end of subitem 1402(3) of Schedule 1</p><p class="italic">Add:</p><p class="italic">Note: See also subregulation 2.07AM(6), which provides that the Minister may waive the operation of paragraph (bb) of this subitem in a particular case.</p><p class="italic">35 After Part 53 of Schedule 13</p><p class="italic">Insert:</p><p class="italic">Part 53A—Amendments made by the Migration Legislation Amendment (Regional Processing Cohort) Act 2016</p><p class="italic">5301A Operation of Schedule 1</p><p class="italic">(1) Paragraph 2.07AA(2) (d) of these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a visa application if the conditions mentioned in paragraphs 2.07AA(2) (a) to (c) of these Regulations are satisfied in relation to the application after the commencement of that Schedule.</p><p class="italic">(2) Subregulation 2.07AB(1A) of these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a visa application if the applicant provides his or her passport details (as mentioned in subregulation 2.07AB(1) of these Regulations) after the commencement of that Schedule.</p><p class="italic">(3) Paragraph 2.07AB(2) (e) of these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a visa application if the applicant asks for the visa (as mentioned in paragraph 2.07AB(2) (d) of these Regulations) after the commencement of that Schedule.</p><p class="italic">(4) Paragraph 2.08A(1) (db) of these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a request made by the original applicant under paragraph 2.08A(1) (b) of these Regulations if the request is made after the commencement of that Schedule.</p><p class="italic">(4A) Paragraph 2.08AAA(1) (ga) of these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a request made by the original applicant under paragraph 2.08AAA(1) (c) of these Regulations if the request is made after the commencement of that Schedule.</p><p class="italic">(5) Paragraph 1402(3) (bb) of Schedule 1 to these Regulations (as amended by Schedule 1 to the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016</i>) applies in relation to a visa application if the application is made after the commencement of Schedule 1 to that Act.</p><p class="italic">Part 2—Application provisions</p><p class="italic">36 Application—sections 46A and 46B of the <i>Migration Act 1958</i></p><p class="italic"> <i>Applicant outside Australia</i></p><p class="italic">(1) Subsections 46A(2AA) and 46B(2AA) of the <i>Migration Act 1958</i> (as amended by this Act) apply in relation to a visa application made when the applicant was outside Australia if:</p><p class="italic">(a) the application is made after the commencement of this item; or</p><p class="italic">(b) the application:</p><p class="italic">  (i) was made before the commencement of this item but after the time when the Bill that became the <i>Migration Legislation Amendment (Regional Processing Cohort) Act 2016 </i>was introduced into the House of Representatives; and</p><p class="italic">  (ii) was not finally determined before the commencement of this item.</p><p class="italic"> <i>Applicant in Australia</i></p><p class="italic">(2) Subsections 46A(2AA) and 46B(2AA) of the <i>Migration Act 1958</i> (as amended by this Act) apply in relation to a visa application made when the applicant was in Australia if:</p><p class="italic">(a) the application is made after the commencement of this item; and</p><p class="italic">(b) no determination was made under subsection 46A(2) or 46B(2) of the <i>Migration Act 1958</i> in relation to the application before the commencement of this item.</p><p class="italic"> <i>[regional processing cohort]</i></p><p>The question is the amendments on sheet JC575 be agreed to.</p> -
- The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.137.1), which means they failed.
- ### What did the amendments do?
- According to the relevant [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr6069_ems_d62651ad-2a0a-4678-9ef4-d9459d182726%22):
- > *These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, amend the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.*
- >
- > *These government amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act).*
- >
- > *These groups of people will be referred to as the designated regional processing cohort.*
- >
- > *Thee government amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.*
- >
- > *These government amendments include measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.*
- >
- > *These government amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.*
- ### Amendment text
- See [sheet JC575](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_4419c454-6d33-49d5-b8ae-c009bea9536a%22) for amendment text.
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