Migration Amendment (Character Cancellation Consequential Provisions) Act 2017

No. 10, 2017

An Act to make consequential amendments relating to the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Migration Act 1958 3

An Act to make consequential amendments relating to the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014, and for related purposes

[Assented to 22 February 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Migration Amendment (Character Cancellation Consequential Provisions) Act 2017.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 22 February 2017
2. Schedule 1 The day after this Act receives the Royal Assent. 23 February 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Migration Act 1958

 1 Paragraph 5C(1)(b)

Repeal the paragraph, substitute:

whether or not the non-citizen, or another person, has been convicted of an offence constituted by the conduct; or

 b

the non-citizen has been convicted of an offence that was committed:

 i

while the non-citizen was in immigration detention; or

 ii

during an escape by the non-citizen from immigration detention; or

 iii

after the non-citizen escaped from immigration detention but before the non-citizen was taken into immigration detention again; or

 ba

the non-citizen has been convicted of an offence against section 197A; or

 bb

the Minister reasonably suspects:

 i

that the non-citizen has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person; and

 ii

that the group, organisation or person has been or is involved in criminal conduct; or

 bc

the Minister reasonably suspects that the non-citizen has been or is involved in conduct constituting one or more of the following:

 i

an offence under one or more of sections 233A to 234A (people smuggling);

 ii

an offence of trafficking in persons;

 iii

the crime of genocide, a crime against humanity, a war crime, a crime involving torture or slavery or a crime that is otherwise of serious international concern;

 2 Paragraph 5C(1)(d)

Omit “significant”.

 3 At the end of subsection 5C(1)

Add:

; or (e) a court in Australia or a foreign country has:

 i

convicted the non-citizen of one or more sexually based offences involving a child; or

 ii

found the non-citizen guilty of such an offence, or found a charge against the non-citizen proved for such an offence, even if the non-citizen was discharged without a conviction; or

 f

the non-citizen has, in Australia or a foreign country, been charged with or indicted for one or more of the following:

 i

the crime of genocide;

 ii

a crime against humanity;

 iii

a war crime;

 iv

a crime involving torture or slavery;

 v

a crime that is otherwise of serious international concern; or

 g

(g) the non-citizen has been assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security (Australian Security Intelligence Organisation Act 1979); orwithin the meaning of section 4 of the

h

an Interpol notice in relation to the non-citizen, from which it is reasonable to infer that the non-citizen would present a risk to the Australian community or a segment of that community, is in force.

 4 At the end of subsection 5C(2)

Add:

; or (f) the non-citizen has:

 i

been found by a court to not be fit to plead, in relation to an offence; and

 ii

the court has nonetheless found that on the evidence available the non-citizen committed the offence; and

 iii

as a result, the non-citizen has been detained in a facility or institution.

 5 Paragraph 118(f)

Omit “or 501B”, substitute “, 501B or 501BA”.

 6 Paragraph 191(2)(d)

Omit “or 501A”, substitute “, 501A or 501BA”.

 7 Subsections 192(1) and (4)

Omit “or 501A”, substitute “, 501A or 501BA”.

 8 Subparagraph 193(1)(a)(iv)

Omit “or 501B”, substitute “, 501B or 501BA”.

 9 Subsection 196(4)

After “section 501”, insert “, 501A, 501B, 501BA or 501F”.

 10 Paragraph 198(2A)(c)

After “section 501C”, insert “or 501CA”.

 11 After subsection 198(2A)

Insert:

Note: The only visa that the non-citizen could apply for is a protection visa or a visa specified in the regulations for the purposes of subsection 501E(2).

 2B

An officer must remove as soon as reasonably practicable an unlawful non-citizen if:

 a

a delegate of the Minister has cancelled a visa of the non-citizen under subsection 501(3A); and

 b

since the delegate’s decision, the non-citizen has not made a valid application for a substantive visa that can be granted when the non-citizen is in the migration zone; and

 c

in a case where the non-citizen has been invited, in accordance with the Minister about revocation of the delegate’s decision—either:section 501CA, to make representations to

i

the non-citizen has not made representations in accordance with the invitation and the period for making representations has ended; or

 ii

the non-citizen has made representations in accordance with the invitation and the Minister has decided not to revoke the delegate’s decision.

 12 Paragraphs 476(2)(c) and 476A(1)(c)

Omit “or 501C”, substitute “, 501BA, 501C or 501CA”.

 13 Subsections 500(6A) and (6B)

After “this Act”, insert “, or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa,”.

 14 Subsections 500(6C) and (6D)

After “section 501”, insert “, or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa,”.

 15 Paragraphs 500(6F)(a) and (6G)(a)

After “this Act”, insert “or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa”.

 16 Paragraphs 500(6H)(a) and (6J)(a)

After “section 501”, insert “or a decision under subsection 501CA(4) not to revoke a decision to cancel a visa”.

 17 Paragraphs 500(6K)(a) and (6L)(a)

After “this Act”, insert “or a decision under subsection 501CA(4) of this Act not to revoke a decision to cancel a visa”.

 18 Paragraph 501E(1)(a)

Omit “or 501B”, substitute “, 501B or 501BA”.

 19 Subsection 501F(1)

Omit “or 501B”, substitute “, 501B or 501BA”.

 20 Paragraph 503(1)(b)

Omit “or 501B”, substitute “, 501B or 501BA”.

 21 Subsections 503A(1) and (2) and 503B(1)

Omit “or 501C” (wherever occurring), substitute “, 501BA, 501C or 501CA”.

 22 Application of amendments 1

(1) The amendments made by items 8, 18 and 19 of this Schedule apply in relation to a decision under Migration Act 1958 made after the commencement of this item.section 501BA of the

2

(2) The amendment made by item 10 of this Schedule applies in relation to an invitation under Migration Act 1958 given before or after the commencement of this item.section 501CA of the

3

(3) Subsection 198(2B) of the Migration Act 1958, as inserted by item 11 of this Schedule, applies in relation to:

 a

a decision under subsection 501(3A) of that Act made before or after the commencement of this item; and

 b

an invitation under section 501CA of that Act given before or after that commencement.

 4

(4) The amendment made by item 12 of this Schedule applies in relation to a decision under Migration Act 1958 made after the commencement of this item.section 501BA or 501CA of the

5

The amendments made by items 13 to 17 of this Schedule apply in relation to a decision made after the commencement of this item.

 6

(6) The amendment made by item 20 of this Schedule applies in relation to a decision under Migration Act 1958 made before or after the commencement of this item.section 501BA of the

7

The amendment made by item 21 of this Schedule applies in relation to information communicated before or after the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 1 September 2016

Senate on 10 October 2016]

(98/16)