Alex Somlyay (Fairfax, Liberal Party) Share this | Link to this | Hansard source

In accordance with the resolution agreed to earlier today, the question now is that the remaining stages of the bill, including the government amendments as circulated, be agreed to.

The government amendments read as follows—

(1)    Clause 2, page 1 (lines 7 and 8), opposition member it the clause, substitute:

2  Commencement

Note:   This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

Note:   The Minister has the power to direct officers of the Department to take all reasonable steps to work with any country in respect of which a declaration is in force under subsection 198A(3) with a view to having this principle upheld.

                   (i)    seeking to enter the migration zone; and

                  (ii)    a person who would, if in the migration zone, be an unlawful non-citizen; or

Note:   See also sections 84A and 195A, under which the Minister has non-compellable powers to grant visas to certain people (whether or not the people have applied for the visas). Subdivision AA, this Subdivision, Subdivision AF and the regulations do not apply to the Minister’s powers under those sections.

84A  Minister may grant visa to designated unauthorised arrival, transitory person or refugee

People to whom section applies

Minister may grant visa

Minister not under duty to consider whether to exercise power

Minister to exercise power personally

Tabling of information relating to the granting of visas

Note:   The Minister has the power to direct officers of the Department to take all reasonable steps to encourage countries in respect of which declarations are in force under subsection (3) to provide suitable residential accommodation for people who are taken by officers to those countries.

Part 8E—Ombudsman investigations in relation to designated unauthorised arrivals, transitory persons and refugees

486S  Referral of actions

Note:   The Commonwealth Ombudsman may also investigate action, which relates to a matter of administration taken by a Department or a prescribed authority, regardless of the geographical location of the action (see the Ombudsman Act 1976, particularly sections 3C and 5).

Department has the meaning given by subsection 3(1) of the Ombudsman Act 1976.

prescribed authority has the meaning given by subsection 3(1) of the Ombudsman Act 1976.

486T  Commonwealth Ombudsman to investigate and report

486U  Minister to table statement from Commonwealth Ombudsman

486V  Application of the Ombudsman Act 1976

(1)    The Minister must cause an independent review of the operation and effect of the amendments made by this Act to be undertaken by a person who, in the Minister’s opinion, possesses appropriate qualifications and experience to undertake the review.

(2)    The review must be undertaken as soon as practicable after the second anniversary of the commencement of this item.

(3)    The person carrying out the review must, within 6 months of commencing the review, give the Minister a written report of the review that includes an assessment of the operation and effect of the amendments made by this Act, and alternative approaches or mechanisms as appropriate.

(4)    The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

(5)    Before the copy of the report is tabled in accordance with subsection (4), the Minister may remove information from the copy of the report if the Minister is satisfied that the inclusion of the information is contrary to the public interest or adversely affects the privacy of any person.

Schedule 2—Amendments commencing 5 years after Royal Assent

Migration Act 1958

                   (i)    entered Australia by sea (see subsection (8)); or

                  (ii)    entered the migration zone by air (see subsection (9));

Question put.