Migration Amendment (Tabling Notice of Certain Character Decisions) Act 2021

No. 36, 2021

An Act to amend the Migration Act 1958, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Migration Act 1958 3

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 24 May 2021]

The Parliament of Australia enacts:
1 Short title

This Act is the Migration Amendment (Tabling Notice of Certain Character Decisions) Act 2021.
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. The whole of this Act The day after this Act receives the Royal Assent. 25 May 2021

Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 After subsection 501(4)

Insert:

 4A

If the Minister makes a decision under subsection (3) in relation to a person, the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made.

 4B

Subsection (4A) does not apply if:

 a

the decision was made on the basis that the Minister reasonably suspects the person does not pass the character test because of the operation of paragraph (6)(a), (e) or (g); or

 b

the person was the subject of an adverse security assessment, or a qualified security assessment, under the ASIO Act when the decision was made.

 2 Application of amendments

The amendments made by this Schedule apply in relation to decisions made after this Schedule commences.

[Minister’s second reading speech made in—

House of Representatives on 12 May 2021

(53/21)

Senate on 13 May 2021]