Ken Wyatt (Hasluck, Liberal Party, Assistant Minister for Health) Share this | Hansard source

I thank their members for their contributions to this debate. The purpose of the Migration Amendment (Charging for a Migration Outcome) Bill 2015 is to amend the Migration Act 1958 to introduce a new criminal and civil penalty regime that will make it unlawful for a person to ask for, receive, offer, or provide payment and other benefits in return for a range of sponsorship related events. The bill also allows visa cancellation to be considered where the visa holder has engaged in such conduct, referred to as payment for visas conduct.

This bill reflects a key integrity recommendation of the Independent Review of Integrity in the Subclass 457 program:

That it be made unlawful for a sponsor to be paid by visa applicants for a migration outcome, and that this be reinforced by a robust penalty and conviction framework.

This bill will apply to a range of temporary sponsored work visas and skilled permanent employer sponsored visas, where payment for visas conduct is known to occur, including the 457 visa, the 186 visa and the 187 visa. The practice of giving or receiving a benefit in return for visa sponsorship can have serious detrimental effects, including: making vulnerable noncitizens liable to exploitation, reducing employment opportunities and putting downward pressure on wages and conditions for citizens and permanent residents in Australia, allowing persons who receive payment in return for sponsorship to inappropriately make significant financial gains, and adversely affecting the integrity of Australia's migration program.

Payment for visas conduct is not currently unlawful. It is, however, unacceptable to the government and the Australian people, because it undermines the genuine purpose for which visas are intended to be granted. This bill will strengthen the integrity of Australia's migration program by deterring payments for visas conduct and allowing action to be taken where such conduct has occurred. The regime of offences, civil penalties and discretionary visa cancellation provided for in the bill will allow the Department of Immigration and Border Protection to take action across a spectrum of noncompliance, depending on the seriousness of the payment for visa conduct and the remedial action that is appropriate to particular circumstances.

The proposed amendments protect Australian workers, because they ensure that overseas workers who are employed in Australia and who may eventually gain permanent residence do so on the basis of their genuine skills and the need rather than because they have paid their employer. The proposed amendments protect overseas workers from exploitation by sponsors who threaten to withdraw their support in the visa or employment process if payments are not forthcoming. Employment opportunities in Australia should be earned not sold, and the employment of foreign workers should not act to undercut Australia's wages and conditions. The bill ensures that the department is able to appropriate action against unscrupulous people who have engaged in payment for visas conduct. I commend the bill to the chamber.

Question agreed to.

Bill read a second time.

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