Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

This bill is a character test for the Prime Minister. It amends the Migration Act 1958 to ensure that noncitizens who are convicted of certain serious offences and pose a risk to the safety of the Australian community do not pass the character test and may be appropriately considered for visa refusal or cancellation. Currently a noncitizen may be refused the grant of a visa or have their visa cancelled if they have been convicted of criminal offences either in Australia or overseas. The character test is set out in subsection 501(6) of the Migration Act and includes both objective and subjective grounds on which a person does not pass the character test. For example, a person does not pass the character test on objective grounds if the person has been convicted of an offence and received a sentence greater than 12 months or, alternatively, multiple sentences that add to 12 months or more. The bill strengthens the character test in section 501 of the Migration Act by providing a new specific and objective ground to consider visa refusal or cancellation where a noncitizen has been convicted of certain serious offences against Australian or foreign laws involving violence against a person, including murder, kidnapping, and aggravated burglary; non-consensual sexual acts; breaching of an apprehended violence order or similar; or weapons.

The bill was developed in response to recommendations from the 2017 Joint Standing Committee on Migration report on migrant settlement outcomes entitled Noone teaches you to become an Australian. Recommendations 15 and 16 said that those convicted of a serious offence should have their visas cancelled under character provisions. Australians rightly expect everyone who lives here to respect our values and our laws. We reserve the right to act against those that act otherwise. The primary job of any government should be the protection of its citizens. The coalition believes that a noncitizen that commits a violent or sexual offences in Australia should lose the privilege of living here. The coalition supports a strong approach to ensuring that noncitizens that are in Australia uphold the laws of this country and are of good character.

Today I am introducing a private member's bill, but this bill is not new to this House. In the last parliament we introduced this legislation to strengthen the character test, and I am pleased to say that legislation was passed in this place and debate commenced in the Senate, but unfortunately it did not get to a vote before the election. When this legislation was previously debated, the Labor Party supported this legislation and voted for it in this House. In February last year, the member for Scullin voted with the Coalition and passed this legislation through the House. The coalition still believes that, if you are a noncitizen and you commit a serious offence in this country, you should lose the privilege of living in Australia. The Labor Party supported the coalition's position then and it should support our position now. Nothing has changed.

This bill will ensure the character test aligns directly with community expectations that noncitizens who are convicted of offences such as murder, sexual assault or aggravated burglary are not permitted to enter or remain in the Australian community. This bill will provide the minister with additional objective grounds to consider refusal or discretionary cancellation of a visa under section 501 of the Migration Act where a person has been convicted of a serious crime but does not meet the substantial criminal record definition in subsection 501(7) of the Migration Act.

The minister will have more scope to determine if someone has breached the character test in deciding whether to refuse to grant or cancel a visa. The bill does not dictate the outcome of the exercise of the minister's discretion. It leaves it up to the minister.

The bill does not in any way seek to undermine the courts or their role. Rather, it creates a new ground for failing the character test, based on the seriousness of the offence, which in turn is determined by the maximum sentence imposed by the relevant state and territories. It will establish a new designated offences ground in the character test. A designated offence is an offence committed in Australia or in a foreign country, punishable by at least a maximum sentence of no less than two years imprisonment, that involves violence or a threat of violence against a person; or non-consensual conduct of a sexual nature; or breaching an order made by a court or tribunal for the personal protection of another person; or using or possessing a weapon; or procuring or assisting in any way with the commission of one of these designated offences.

It also provides that, for an offence with one or more physical elements that involves violence or a threat of violence against a person, a person's conviction for an offence of common assault or equivalent will not be taken to be a conviction for a designated offence, unless the act constituting the offence causes or substantially contributes to bodily harm to another person, or harm to another person's mental health, in both cases either temporarily or permanently, or involves family violence, as defined by subsection 4AB(1) of the Family Law Act 1975.

Convictions for low-level assaults that neither cause nor contribute to a person's bodily harm or harm to a person's mental health, whether temporarily or permanently, will not fall within the scope of a designated offence, while also ensuring that any offence involving family violence is included.

This legislation is ready to go. It has taken into consideration concerns that had been raised by the Labor Party. It was written by the previous government under the instruction of the Department of Home Affairs. The current government can support this legislation, and it will strengthen the minister's powers to keep our citizens safe.

These are sensible, commonsense measures that will help protect Australians. I would like to thank the previous two coalition immigration ministers for their efforts in putting this bill together. They took their responsibilities to keep the Australian community safe seriously.

I encourage the government to support this bill. The current immigration minister raised concerns about this bill when he voted for it in the House two years ago. Those concerns have been addressed in this legislation. There is nothing to stop him and the government supporting this bill. This is a character test for the Prime Minister and his government. It will then be a character test also for the immigration minister about how he goes about keeping Australians safe.

Can the government be trusted to keep Australians safe? Do they have the fortitude to keep Australians safe? We have seen already that, bit by bit, brick by brick, they are starting to undermine Operation Sovereign Borders. We are giving this government the opportunity to strengthen the character test to keep Australians safe. We are giving them the opportunity again to vote for a piece of legislation that they have previously voted for in this House. We don't want to hear them coming into this place and giving us a list of excuses as to why they can't vote for it this time. We need them to vote for this bill to keep Australia safe.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Nola Marino (Forrest, Liberal Party, Shadow Assistant Minister for Education) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

Mike Freelander (Macarthur, Australian Labor Party) Share this | Link to this | Hansard source

The time allotted for this debate has expired. The debate is adjourned and the resumption of the debate will be made an order of the day for the next sitting.