Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

I wish to amend the amendment proposed by Senator Chisholm. I move:

At the end of the motion, add:

"and, in respect of the Migration Amendment (Giving Documents and Other Measures) Bill 2023, the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 July 2023".

Ramming complex and highly technical legislation through the Senate without proper scrutiny is becoming all too much of a hallmark of this government. We were promised a new way of doing business. The Prime Minister said he would change the way that politics operates in this country, but we're not seeing that in reality. The giving documents and other measures bill introduces new and highly ambiguous concepts like 'substantial compliance' and 'substantial prejudice' into the Migration Act. The interpretation of these terms will ultimately be subjective and legally complex, and there are no review rights for decisions made by the department under these new provisions.

This legislation has the power to significantly impact on things like families being able to stay together or be torn apart and has the capacity to impact meaningfully on a range of elements in the lives of significant numbers of people. It really should be referred to an inquiry so that we can hear expert submissions and so that the Senate can come to grips with the complexity of this legislation.