Peter Slipper (Fisher, Liberal Party) Share this | Hansard source

It is always a pleasure to join the debate in the Parliament of Australia. In particular, it is a pleasure today to be able to speak on the Migration Legislation Amendment Bill (No. 1) 2008. This bill amends, as an omnibus bill, a number of pieces of legislation, including the Migration Act 1958, the Australian Citizenship Act 2007, the Australian Citizenship (Transitionals and Consequentials) Act 2007 and the Customs Act 1901.

This bill seeks to ensure that Australia can do all that it can to meet its responsibilities and obligations under the United Nations Convention on the Reduction of Statelessness 1961. These modifications could be regarded as housekeeping, but that would diminish the importance of the legislation impacted by this bill and would also diminish the importance placed on the vigilance required to ensure that our migration laws are protective of Australia while also meeting internationally accepted standards.

Like many other pieces of legislation, it is supported by both sides of the House. The bill is noncontroversial. The community is often not aware that most pieces of legislation introduced to the parliament—regardless of which side of the House is in government—are supported by both sides. The only things we read about parliament are about when the parties vigorously disagree.

It is important that our migration laws are updated and reviewed from time to time, because it is an important sector of government responsibility. It was one of those areas passed to the new Australian government when Federation occurred in 1901. It is vital that, while making sure that we have internationally accepted standards, the government of the day continues to protect our borders and our way of life. It is important to recognise our own citizens and it is important, of course, always to recognise that there are people who want to cross Australian borders for many legitimate reasons.

The bill streamlines the process by which those most impacted by decisions of the Migration Review Tribunal and the Refugee Review Tribunal are able to access those decisions. In the past, parties often had to wait until the decision had been formally handed down, but, with the passage of this bill, this requirement will be removed. This streamlining ensures that those whose lives may be placed in limbo as a result of the usual length of time taken to process immigration issues are potentially given somewhat of a reprieve. It does not represent a reduction or a softening of the security measures, but it does enable a reduction in the time taken in the normal processes of judicial review and analysis of immigration cases.

Schedule 2 of the bill introduces measures relating to better monitoring of passengers on ships and aircraft, including the introduction of infringement notices that take the place of more lengthy prosecution for those operators who fail to meet their obligations of providing passenger and crew reports in advance of their arrival in Australia. Currently there are set time frames and specific deadlines for the provision of these passenger and crew information reports. The passage of this bill will see the introduction of provisions that allow the prescribing of time frames that are deemed suitable for individual cases. As you would appreciate, Mr Deputy Speaker, this enables improved flexibility in this aspect of border protection. Supplementary amendments clarify that the operators of these ships and aircraft are liable for prosecution for each individual passenger who is not properly reported on in line with the requirements rather than facing one charge per journey as is currently the case. It means operators must place greater emphasis on actually supplying the passenger and crew reports; otherwise they will face greatly increased penalties. Where in the past an operator would have faced a maximum amount no matter if there were one or 50 passengers not properly reported on, the passage of this bill will make it in their best interests to diligently attempt to provide reports for every single passenger. This means that the penalty that will be imposed on them is commensurate with the level of their dereliction of duty.

Schedule 3 of the bill deals with changes to legislation that deal with non-citizen children born in Australia and also introduces a condition that a security may be imposed to ensure compliance with visa conditions before the visa is granted. The amendment aims to give greater certainty to immigration status. It also clarifies the requirement that reports must include certain details of each individual passenger and crew member. The bill also affords the establishment of a new position of deputy principal member for the Migration Review Tribunal. This position currently exists only within the Refugee Review Tribunal so this bill will introduce a similar officeholder to the migration tribunal. As I said at the outset, this bill is supported by the Liberal and National Party opposition. I am very pleased therefore to be able to commend it to the chamber.

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