Kate Lundy (ACT, Australian Labor Party, Minister Assisting for Industry and Innovation) Share this | Hansard source

I refer the senator to paragraph 271 of the explanatory memorandum:

The High Court’s decision does not align with the Government’s policy intention which is that the Minister’s consent under section 6A of the IGOC Act is not required for a noncitizen child to be removed, taken or deported from Australia under the Migration Act. This intention is given effect by item 8 of Schedule 2. As such, this amendment is a consequential amendment as a result of item 8. Subsection 6A(4) is effectively replaced by the amendments to section 8 made by item 8 of Schedule 2.