Senate debates

Tuesday, 24 November 2015

Bills

Migration Amendment (Charging for a Migration Outcome) Bill 2015; In Committee

7:15 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I accept the genuineness of the minister's response, but I can only rely in part on the wording in the explanatory memorandum, which appears to be quite narrow. In terms of civil penalty and maybe a nod might allay this—and I am sorry that I do not have the expertise that your advisers have or maybe you have after tonight—but, if there is a situation, does civil penalty include the cancellation of a visa? Is that what is defined? You may not be subject to a penalty in terms of being prosecuted for this particular provision, but, if you are going to lose your visa, that is a pretty significant penalty. I just want to clarify that. I guess that is where my reservation is. I know that some of my other crossbench colleagues are negotiating a review, which is very welcome and which will be very useful. But, sticking to the words of the explanatory memorandum, I am worried that the policy framework is going to be constrained by those words. What can the minister tell us about how, if there are reasonable allegations where on the face of it there appears to be coercion, human trafficking or human slavery and where that is established, that person's visa will not be cancelled notwithstanding that they were involved in an illegal payment?

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