House debates

Monday, 13 February 2023

Bills

Migration Amendment (Aggregate Sentences) Bill 2023; Consideration in Detail

4:04 pm

Photo of Andrew GilesAndrew Giles (Scullin, Australian Labor Party, Minister for Immigration, Citizenship and Multicultural Affairs) Share this | Hansard source

The shadow minister has today moved amendments that were not a priority for the members opposite when they were in government. Of course, if they had been, they would have been passed when they were in power. They had, I remind the House, four years and three immigration ministers—or, I should say, at least three immigration ministers—and sent the bill where these amendments originated from through three inquiries in the other place.

Of course, the Australian community has a reasonable expectation that noncitizens who seek to enter or remain in Australia are of good character and are law-abiding. That is the strong view of the government. Similarly, Australians expect that any noncitizens who are not of good character will be refused a visa or will have any visa they hold cancelled. The bill before the House right now, the Migration Amendment (Aggregate Sentences) Bill 2023, does not change the framework within which the character test operates. Instead it allows for the continued effective administration of the powers in the Migration Act by ensuring that aggregate sentences are considered sentences, thereby restoring the ability to rely on a substantial criminal record as an objective measure for the purpose of the character test. This government, through this bill, is taking urgent, commonsense action in order to keep communities safe. Today we are not here to debate the broader character framework; we're here to clarify powers in the act right now. On this basis, we will be opposing the amendment.

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