Kevin Andrews (Menzies, Liberal Party, Minister for Immigration and Citizenship) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill, and I ask leave of the House to move government amendments (1) to (12) as circulated together.

Leave granted.

I move:

(1)    Schedule 2, item 9, page 5 (line 22), omit “the clearance authority”, substitute “a clearance authority”.

(2)    Schedule 2, item 9, page 5 (lines 22 and 23), omit “(other than a personal identifier)”, substitute “(including the person’s signature, but not any other personal identifier)”.

(3)    Schedule 2, item 9, page 6 (lines 6 and 7), omit paragraph 166(2)(b).

(4)    Schedule 2, item 9, page 6 (lines 12 to 14), omit “information (other than a passenger card) or personal identifiers referred to in subsection (1) of this section”, substitute “information or personal identifiers referred to in subsection (1) of this section (other than a passenger card)”.

(5)    Schedule 2, item 11, page 7 (line 28), omit “system”, substitute “an authorised system”.

(6)    Schedule 2, item 11, page 7 (lines 28 and 29), omit “(other than a personal identifier)”, substitute “(including the person’s signature, but not any other personal identifier)”.

(7)    Schedule 2, item 14, page 8 (lines 14 and 15), omit paragraph 170(2AA)(b).

(8)    Schedule 2, item 14, page 8 (lines 20 and 21), omit “information (other than a passenger card) or personal identifiers referred to in subsection (1) or (2)”, substitute “information or personal identifiers referred to in subsection (1) or (2) (other than a passenger card)”.

(9)    Schedule 2, item 21, page 10 (line 12), omit “(other than a personal identifier)”, substitute “(including the person’s signature, but not any other personal identifier)”.

(10)  Schedule 2, item 24, page 10 (lines 30 and 31), omit paragraph 175(2AA)(b).

(11)  Schedule 2, item 24, page 10 (line 35) to page 11 (line 2), omit “information (other than a passenger card) or personal identifiers referred to in subsection (1) or (2)”, substitute “information or personal identifiers referred to in subsection (1) or (2) (other than a passenger card)”.

(12)  Schedule 3, item 2, page 14 (lines 15 and 16), omit paragraph 32(3)(b).

It has been identified that certain amendments in the bill will have the unintended consequence of preventing the collection of passenger cards from persons arriving in and departing from Australia because they contain signatures. Signatures are defined to be a personal identifier for the purposes of the Migration Act. The Migration Amendment (Border Integrity) Bill 2006 provides that personal identifiers can only be provided in limited circumstances which do not cover the collection of passenger cards. Passenger card information is essential for the day-to-day business of the Department of Immigration and Citizenship and other government agencies including the Australian Customs Service, the Australian Quarantine and Inspection Service and the Australian Bureau of Statistics.

The signature on the passenger card represents a declaration by the subject that the information that they have provided on the card is true, complete and correct. The government amendments I am moving today preserve and make clear the authority to collect passenger cards containing signatures. They also ensure that a person can provide information, such as a passenger card, to a clearance officer without this disqualifying the person from using an automated border processing system to satisfy other processing requirements.

The bill currently provides that a person will only be eligible to use an automated system if the person chooses to use that system to satisfy all processing requirements. This would have the unintended consequence of making all people ineligible to use an automated system as it is intended that passenger cards will continue to be collected by clearance officers rather than automated systems such a SmartGate. The government amendments therefore make it clear that a person may present some of the evidence they are required to present to an authorised system and some to a clearance officer, rather than all information having to be provided to one or the other, as the bill currently requires. I commend the amendments to the House.

Question agreed to.

Bill, as amended, agreed to.

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