Melissa Price (Durack, Liberal Party) Share this | Hansard source

Just over two years ago, this government was elected with a mandate to create safer borders and reduce the debt. I am pleased to rise in the House today to speak on the Migration Amendment (Charging for a Migration Outcome) Bill 2015, which knuckles down on visa holders and their supporters and sponsors abusing the system. One of the many things this government has achieved since coming to office is stopping the boats. Some may say this is just a slogan, but I think we have proven that it is much more than that. You only need to scratch the surface and you will find that it has been a very effective policy, so effective that the Labor Party effectively endorsed this policy at their federal conference in June. As sure as night follows day, only members sitting on this side of the chamber have a track record when it comes to immigration policy and protecting Australia's borders.

This bill makes amendments to the Migration Act 1958. This bill introduces a new criminal and civil penalty regime that will make it unlawful for a person to ask for, receive, offer or provide payment or other benefits in return for a range of sponsorship related events. Where so-called payment-for-visas conduct has occurred, this bill allows visa cancellation to be considered. This bill implements recommendation 10.7 of the Independent Review into 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 allows the department to take action in relation to payment for visas, which is not currently unlawful. Payment for visas is completely unacceptable, as it undermines the integrity of Australia's migration program and, most of all, the genuine purposes for which visas are intended to be granted. This bill will apply to a range of temporary sponsored work visas and skilled permanent employer sponsored visas, such as the 457 visa class.

A strong response is needed to ensure that these practices do not continue. This bill will strengthen the integrity of Australia's migration program, restored by this government since its coming to office just over two years ago. A strong response is needed, and a strong response is what this government will deliver. This amendment will make it a criminal offence for a person to ask for or receive a benefit in return for sponsorship, punishable on conviction by a maximum of two years imprisonment or a fine of up to 360 penalty units, which equates to an amount of just under $65,000 for an individual or $324,000 for a corporate body. These amendments will commence by proclamation on a date set by the Minister for Immigration and Border Protection once this bill has been passed by the parliament.

We as a nation could not continue to have such a liberal approach to our border security as we witnessed under the previous government, which of course came at a price. During the Rudd-Gillard-Rudd government they opened Australia's borders willy-nilly. This created an almighty mess for this government to clean up. This was not an easy job, but we did it because it was good for the country and it was necessary. The approach of Labor, which illustrates what poor financial managers those opposite are, left Australia with an enormous debt, even by Labor standards, and this burden is being shouldered by the hardworking people of Durack, whom I represent.

Whilst I am talking about Durack: last month I was quite intrigued to hear the Labor Party announce a commitment of more than $10 billion in new spending measures, none of which, I might add, related to regional Western Australia or, by the way, to Durack.

I call on those opposite to support this bill. Judging by what I have just heard, I imagine it will be supported, and that is to be congratulated. We all know that this will stop unscrupulous migration practices, which are undoubtedly damaging Australia's reputation abroad and at home.

We talk a lot about innovation, and today I want to take the opportunity to talk about innovation in the immigration space. Dalwallinu is in the electorate of Durack. It is some 248 kilometres north-east of Perth, in the northern wheat belt. It is a small, but very forward-thinking town.

While people are leaving the bush for the city, the people of Dalwallinu have been proactive in bringing people to their town. Light industry and services to agriculture and mining have grown, leading to a 'stabilising' population in the town rather than a decrease. This has led to an increase in employment opportunities within the town. It has also led to the town's Regional Repopulation Plan.

The Regional Repopulation Plan aims to attract migrant families to Dalwallinu and surrounding towns. The initiative did not just allow and enable but has encouraged migrants and their families to relocate within the Dalwallinu area and assist with the area's labour shortage. The plan not only strives to retain migrants but aims to address a number of key areas, such as accommodation, education and health, to ensure that the initiative is successful. The innovative plan has been so successful that the council, the Shire of Dalwallinu, has reported a population increase of about 15 per cent. I want to take this opportunity to congratulate the town of Dalwallinu and all the people involved in this fabulous initiative, which will ensure the town not only grows but prospers. And I just want to make a special note of ex-president of the Shire of Dalwallinu, Mr Robert Nixon, whose leadership has led to the increase in population in the town. Well done to Mr Nixon.

Turning back now to the bill being debated today: civil penalties are applicable to a sponsor, visa applicant or any other third party who asks for, receives or provides offers of benefit regarding a sponsorship-related event under this bill. This bill has strong deterrents, with a maximum pecuniary penalty of 240 penalty points which, as I said previously, equates to around $40,000 for an individual or $215,000 for a body corporate.

Under this bill visas may be considered for cancellation at any time where a person engages in payment-for-visas conduct. Where a decision to cancel a visa is made, family members who hold the same visas would automatically have that applied as a consequence.

This bill ensures that the department is able to take appropriate action against unscrupulous people who have engaged in payment-for-visas conduct. As with other cancellation powers in the act, visa holders would be afforded procedural fairness during the cancellation process. Someone whose visa is cancelled would have the ability to seek merit or judicial review of that decision. This bill is about ensuring that a person who initiates action or who receives money or other benefits, such as personal property, advantage, service or gift, is breaking a law and will face the appropriate consequence.

We cannot continue with wishy-washy immigration laws which essentially say that it is okay to act in an unethical way in Australia, while thousands of hard-working Australians do it tough. In conclusion, I commend this bill to the House.

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