16th Nov 2023, 8:32 PM – Senate Migration Amendment (Bridging Visa Conditions) Bill 2023 - In Committee - Government amendments

The majority voted in favour of Government amendments (2) to (9) on sheet QN100, which means they will now become part of the bill.

Amendment text

(2) Schedule 1, item 4, page 5 (lines 25 to 27), omit subsection 76B(3).

(3) Schedule 1, item 4, page 8 (after line 6), after paragraph 76D(4)(c), insert:

Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.

(4) Schedule 1, item 4, page 8 (lines 8 to 10), omit subsection 76D(5).

(5) Schedule 1, item 4, page 9 (lines 14 to 25), omit subsection 76E(4), substitute:

(4) The Minister must grant the non-citizen another Subclass 070 (Bridging (Removal Pending)) visa (the second visa), under a prescribed provision of the regulations, that is not subject to any one or more of the conditions prescribed for the purposes of paragraph (1)(a) if:

(a) the non-citizen makes representations in accordance with the invitation; and

(b) the Minister is satisfied that the non-citizen does not pose a risk to the community.

(6) Schedule 2, item 7, page 13 (line 4), omit "and 8619", substitute ", 8619, 8622 and 8623".

(7) Schedule 2, item 8, page 13 (lines 10 to 15), omit subclauses 070.612A(1) and (2), substitute:

(1) If subclause (3) applies to the visa, condition 8620 must be imposed unless the Minister is satisfied that the holder does not pose a risk to the community.

(2) If subclause (3) applies to the visa, condition 8621 must be imposed unless the Minister is satisfied that the holder does not pose a risk to the community.

(2A) A condition imposed under subclause (1) or (2) is in addition to any other condition imposed by another provision of this Division.

(8) Schedule 2, item 8, page 13 (after line 21), after clause 070.612A, insert:

070.612B

If the holder has been convicted of an offence involving violence or sexual assault, condition 8624 must be imposed in addition to any other condition imposed by another provision of this Division.

(9) Schedule 2, page 17 (after line 14), at the end of item 13, insert:

8622 (1) If the holder has been convicted of an offence that involves a minor or any other vulnerable person, the holder must not perform any work, or participate in any regular organised activity, involving more than incidental contact with a minor or any other vulnerable person.

(2) Subclause (1) applies:

(a) whether the work or activity is for reward or otherwise; and

(b) whether or not a working with children or vulnerable people check (however described) is required in relation to the work.

8623 If the holder has been convicted of an offence that involves a minor or any other vulnerable person, the holder must not go within 200 metres of a school, childcare centre or day care centre.

8624 If the holder has been convicted of an offence involving violence or sexual assault, the holder must not contact, or attempt to contact, the victim of the offence or a member of the victim's family.