Kelly O'Dwyer (Higgins, Liberal Party, Minister for Revenue and Financial Services) Share this | Hansard source

I thank all members for contributing to the debate on the Migration (Validation of Port Appointment) Bill 2018. The bill confirms the validity of the appointment of a proclaimed port in the Territory of Ashmore and Cartier Islands contained in the Commonwealth of Australia Gazette No. GN 3, 23 January 2002. The bill upholds the purpose of the impugned appointment, which was designed to ensure that the unauthorised boat arrivals who entered certain waters of the Territory of Ashmore and Cartier Islands, an 'excised offshore place' for the purposes of the Migration Act 1958, would thereby become 'offshore entry persons', now 'unauthorised maritime arrivals' under the act. The appointment was critical to determining the status of persons as unauthorised maritime arrivals under the act who entered Australia via this proclaimed port between 23 January 2002 and 1 June 2013. In addition, those who became unauthorised maritime arrivals by reason of having entered the proclaimed port at Ashmore and Cartier Islands between 13 August 2012 and 1 June 2013 and were not taken to a regional processing country also became fast-track applicants under the act.

Government policy around the management of unauthorised maritime arrivals has been highly effective in responding to the enduring threat of maritime people smuggling. It is unacceptable for individuals to seek to undermine this policy and circumvent Australia's migration laws by challenging minor and inadvertent admissions in the wording of the appointment. A successful challenge to the appointment could potentially nullify affected persons' status as unauthorised maritime arrivals and fast-track applicants who entered Australia via this proclaimed port between 23 June 2002 and 1 June 2013. If these risks are not addressed, the validity of the appointment will continue to be challenged and potentially undermine public confidence in our border protection arrangements. The bill addresses these risks by confirming the validity of the appointment to put beyond doubt that there was a properly proclaimed port at Ashmore and Cartier Islands at all relevant times and by confirming that things done under the act, such as actions taken or decisions made, which rely directly or indirectly on the terms of the appointment are also valid and effective.

The bill reiterates the government's original intention that the appointment is, and has always been, valid. The effect of the bill does not amend or affect the operation of Australia's migration laws but, instead, maintains the status quo for the processing of unauthorised maritime arrivals and, where relevant, fast-track applicants under the act who entered Australia via this proclaimed port between 23 June 2002 and 1 June 2013.

In summary, the bill protects the integrity of Australia's migration framework and deserves the support of all members. I commend the bill to the chamber.

See this speech in context