Matt Thistlethwaite (Kingsford Smith, Australian Labor Party, Assistant Minister for Immigration) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) and (2) as circulated together.

Leave granted.

I move government amendments (1) and (2) as circulated together:

(1) Schedule 6, item 3, page 20 (line 27), omit "paragraph (1)(a)", substitute "subsection (1)".

(2) Page 22 (after line 4), at the end of the Bill, add:

Schedule 7 — Other amendments relating to subclass 070 (Bridging (Removal Pending)) visas

Migration Act 1958

1 Subsection 68(5)

Omit all the words from and including "if" to and including "future.", substitute "if the first visa ceases to be in effect under subsection 82(3) because another Subclass 070 (Bridging (Removal Pending)) visa for the non-citizen comes into effect.".

2 Paragraph 76B(1)(b)

Repeal the paragraph, substitute:

(b) any of the following applies:

(i) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future;

(ii) the visa was granted under section 195A;

(iii) if the non-citizen has previously held other Bridging R (Class WR) visas—the first of those visas was granted under section 195A; and

3 Subsection 76E(1)

Omit all the words from and including "if" to and including "future.", substitute "if the first visa is subject to one or more prescribed conditions.".

4 Paragraph 76E(3)(b)

Omit "paragraph (1)(a)", substitute "subsection (1)".

5 Subsection 76E(4)

Omit "paragraph (1)(a)", substitute "subsection (1)".

6 Application of amendments of section 68 of the Migration Act 1958

(1) Subsection 68(5) of the Migration Act 1958, as amended by this Schedule, applies in relation to a Subclass 070 (Bridging (Removal Pending)) visa for a non-citizen that ceases to be in effect under subsection 82(3) of that Act on or after the commencement of this item, whether the Subclass 070 (Bridging (Removal Pending)) visa was granted before, on or after the commencement of this item.

(2) Subsection 68(5) of the Migration Act 1958, as in force immediately before the commencement of this item, continues to apply in relation to a Subclass 070 (Bridging (Removal Pending)) visa that ceased to be in effect under subsection 82(3) of that Act during the period:

(a) beginning on 18 November 2023; and

(b) ending immediately before the commencement of this item;

as if the amendments to that subsection made by this Schedule had not been made.

7 Application of amendments of section 76B of the Migration Act 1958

(1) Subparagraph 76B(1)(b)(i) of the Migration Act 1958, as inserted by this Schedule, applies in relation to a person who holds a Subclass 070 (Bridging (Removal Pending)) visa, whether the Subclass 070 (Bridging (Removal Pending)) visa was granted before, on or after the commencement of this item.

(2) Subparagraph 76B(1)(b)(ii) of the Migration Act 1958, as inserted by this Schedule, applies in relation to a person who holds a Subclass 070 (Bridging (Removal Pending)) visa granted on or after the commencement of this item.

(3) Subparagraph 76B(1)(b)(iii) of the Migration Act 1958, as inserted by this Schedule, applies in relation to a person who holds a Subclass 070 (Bridging (Removal Pending)) visa that was granted without an application on or after the commencement of this item, and who previously held a Subclass 070 (Bridging (Removal Pending)) visa granted under section 195A of the Migration Act 1958, whether the Subclass 070 (Bridging (Removal Pending)) visa was granted under section 195A of that Act before, on or after the commencement of this item.

8 Saving provision relating to amendments of section 76E of the Migration Act 1958

Despite the repeal of paragraphs 76E(1)(a) and (b) of the Migration Act 1958 by this Schedule, a regulation that:

(a) was made before the commencement of this item for the purposes of paragraph 76E(1)(a) of the Migration Act 1958;and

(b) was in force immediately before the commencement of this item;

is taken to remain in force, on and after the commencement of this item, as if it had been made for the purposes of subsection 76E(1) of the Migration Act 1958.

Question agreed to.

Bill, as amended, agreed to.