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senate vote 2023-12-05#5
Edited by
mackay staff
on
2024-05-12 10:26:50
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Title
Bills — Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023; Second Reading- Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023 - Second Reading - Separation of powers
Description
<p class="speaker">Jess Walsh</p><p>I move:</p>-
- The majority voted against an amendment to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). This means the amendment failed. It had been introduced by Queensland Senator [Malcolm Roberts](https://theyvoteforyou.org.au/people/senate/queensland/malcolm_roberts) (One Nation).
- ### Amendment text
- > *At the end of the motion, add “, but the Senate:*
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- > *(a) notes that under Australia’s constitutional arrangements only courts may impose punitive measures, such as a requirement to wear a monitoring device at all times; and*
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- > *(b) calls on the Government to ensure that its response to the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs respects the separation of powers”.*
<p class="italic">That this bill be now read a second time.</p><p>I seek leave to have the second reading speech incorporated in <i>Hansard</i>.</p><p>Leave granted.</p><p class="italic"> <i>The speech read as follows—</i></p><p class="italic">This Bill proposes important amendments to the Migration Act that complement and reinforce amendments passed by the Parliament on 18 November 2023.</p><p class="italic">On the 8th of November, in the case of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, the High Court determined that NZYQ's detention was unlawful:</p><p class="italic">'<i>By reason of there having been, and continuing to be, no real prospect of the removal of the plaintiff from Australia </i><i>…</i><i> in the reasonably foreseeable future</i>'.</p><p class="italic">The High Court's decision has significant implications for the safety of vulnerable people in the community, and the mechanisms by which the Government can provide for their protection.</p><p class="italic">Let me be clear, the Australian Government made preparations ahead of the High Court ruling.</p><p class="italic">State and Territory police counterparts were briefed on the potential implications of this case prior to the decision being handed down- because community safety has always been front of mind in our approach to this case.</p><p class="italic">Following the 8 November ruling, all released individuals have been subject to appropriate stringent visa conditions, including regular reporting obligations.</p><p class="italic">The Australian Federal Police and Australian Border Force continue to work together with state and territory authorities and law enforcement to support community safety.</p><p class="italic">Shortly after, in response to the court's decision, on 16 November 2023 the Parliament passed amendments to the Migration Act and Migration Regulations to further support an enduring and robust framework for the management of this cohort in the community.</p><p class="italic">While the legislation passed on 16 November provided a strong initial response to this decision—the Government is continuing to work through the implications of the High Court's judgment.</p><p class="italic">The legislative amendments proposed today reinforce those initial amendments, by taking the next necessary steps towards ensuring the protection of the Australian community.</p><p class="italic">We will leave no stone unturned in our efforts to protect the Australian community.</p><p class="italic">It is possible as we continue to work through the implications of this decision, further legislation may be required to ensure the community is further protected.</p><p class="italic">The Government remains committed to reinforcing Australia's laws to support the appropriate and proportionate management of the affected cohort of people while their immigration status is being resolved.</p><p class="italic">And therefore the Government will continue to review these arrangements, and develop any further amendments, as required- including when we have the High Court's reasons for its decision.</p><p class="italic">I believe the Australian community would rightly expect this of us.</p><p class="italic">Community safety remains the first priority of the Australian Government.</p><p class="italic">And the amendments proposed today further strengthen the legislative framework available to manage this cohort, pending their removal from Australia, which we will continue to pursue.</p><p class="italic">Specifically, this legislation provides further clarity about the Government's expectations with regard to the conduct and the behaviour of this cohort, with a particular focus on those with a history of offences in relation to the most vulnerable in our society, including minors, and victims.</p><p class="italic">This Bill also proposes measures to strengthen the authority for the appropriate collection and use of information gathered by electronic monitoring devices.</p><p class="italic">These amendments reinforce the critical collaboration between Commonwealth and State law enforcement agencies, specifically in regards to effective information sharing, to ensure the behaviour of non-citizens in our community complies with our expectations of visitors to this country.</p><p class="italic">The Australian Government is putting the needs of victims and their families, and of minors and vulnerable people, first.</p><p class="italic">These amendments are in line with community expectations—and they are the right thing to do.</p><p class="italic"> <i>New offences</i></p><p class="italic">Under these laws, those who have been convicted of an offence that involves a minor, or another vulnerable person must not:</p><p class="italic">1. Perform any work, or participate in any regular organised activity involving more than incidental contact with another person who is a minor or another vulnerable person, or</p><p class="italic">2. Go within 200 meters of a school, childcare centre or day care centre.</p><p class="italic">3. The laws also stipulate that those previously convicted of an offence involving violence or sexual assault must not contact the victim of that offence, or any member of their family.</p><p class="italic">The sentences provided for in this Bill reflect the seriousness of the offending, and the Government's steadfast commitment to protecting the wellbeing of the most vulnerable members of Australian society.</p><p class="italic">Strong criminal offences are the most effective response to breaches of these visa conditions for the NZYQ-affected cohort. This is because—by reason of the High Court's decision—the normal consequences of breaching visa conditions do not apply.</p><p class="italic">The intent of the Government is clear—that certain behaviours are unacceptable, and that there strong, proportionate and immediate consequences for the breach of these visa conditions.</p><p class="italic">Charges brought as a result of the new offences will be subject to existing criminal proceedings and judicial determination, and the courts will consider individual circumstances when determining the appropriate sentence.</p><p class="italic">The evidentiary burden for establishing a reasonable defence for failure to comply with the conditions will sit with the non-citizen. The standard defences available in the Criminal Code will also apply.</p><p class="italic">Again, I would like to stress that these changes are reasonable, necessary and proportionate to the Government's objectives of supporting the safety of the community, particularly those most vulnerable.</p><p class="italic">The Australian community expects, and the Australian Government affirms, that these penalties should reflect the seriousness of the breach of conditions.</p><p class="italic"> <i>Powers to collect and share information</i></p><p class="italic">The amendments proposed today will also strengthen the authority for the collection and use of information gathered by electronic monitoring devices.</p><p class="italic">This includes:</p><ul></ul><ul></ul><p class="italic">This includes monitoring the visa holder's compliance with the conditions of their visa, and responding rapidly to any indications of non-compliance.</p><p class="italic">The purposes of these conditions are to deter the individual from committing further offences whilst holding the removal pending visa.</p><p class="italic">This supports ongoing monitoring, which will help to keep the community safe.</p><p class="italic">As mentioned previously, the Government will continue to pursue the removal of these people from Australia at the first possible opportunity.</p><p class="italic">The utilisation of electronic monitoring devices will therefore also enable the Government to locate the visa holder to facilitate their removal from Australia as soon as a real prospect of removal becomes apparent.</p><p class="italic">Acknowledging our obligations to privacy under Australian law, appropriate protocols and processes will be implemented to ensure the information derived from these devices is protected exclusively within the bounds of the purpose for which it is being shared.</p><p class="italic"> <i>Closing remarks</i></p><p class="italic">These amendments are reasonable and necessary, and will be further supported by a number of amendments to the <i>Migration Regulations</i><i>1994</i>.</p><p class="italic">They make our laws more durable, by getting ahead of any potential future challenges.</p><p class="italic">We are making strict laws stricter.</p><p class="italic">Strong laws stronger.</p><p class="italic">Tough laws tougher.</p><p class="italic">With these laws we are ensuring the safety of the Australian community.</p><p class="italic">We will continue to ensure the cohort of individuals released from immigration detention as a result of the High Court decision are managed appropriately under the relevant legal frameworks.</p><p class="italic">There is no greater priority for this government than the safety of Australians, and this Bill is a demonstration of that.</p><p class="italic">I commend this Bill to the chamber.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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