Dean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

While the matter of the independent review mechanism wasn't canvassed in the Senate committee report, nor was it a feature of the original bill, in Senator Scarr's contribution to the second reading debate last week he proposed a safe and prudent mechanism, one that I think enjoys the support of the chamber. On that basis we thought it a good idea. Most importantly, it's so that those people who are not convinced that the scheme is worthy or will work can satisfy themselves that various concerns are properly captured and contested. We would hope that this scheme would work very well in its first application of that initial three-year period. But we would not be opposed to better ideas or improvements that might respond to changing international circumstances.

Question agreed to.

I move opposition amendment (1) on sheet 2831:

(1) Schedule 2, page 5 (lines 1 to 29), to be opposed.

This amendment seeks to remove schedule 2 of the existing bill. As an act of abundant care and caution, this bill currently has a schedule 2 which reinforces the character test and cancellation requirements that already exist in the Migration Act. During the committee inquiry process—and I'll read an extract of that shortly—and, indeed, through Senator Ciccone's own contribution on behalf of the government, attention was drawn to the fact that schedule 2 may not be necessary. For senators, I'm going to read part of the coalition senators' dissenting report in the final report on this bill. Under the heading 'Options regarding Schedule 2', it said:

1.38 Coalition Senators acknowledge the informed comments of Professor Burn, Director of Anti-Slavery Australia, who submitted specifically on the matter of Schedule 2 of the Bill.

1.39 It was noted in particular that insertion of subparagraph 5C(1)(bc)(ii) and subparagraph 501(6)(ba)(ii) may not necessarily be based on the very broad existing provisions under subparagraph 5C(1)(c)(ii) and subparagraph 501(6)(c)(ii) regarding the 'non-citizens past and present general conduct'.

1.40 It was also suggested the existing subparagraph 5C(1)(c)(ii) dealing with 'non citizen of character concern' may already capture a person who engages in the act of trafficking in human organs and therefore result in that person failing the character test requirements of the Migration Act 1958.

1.41 Coalition Senators remain open minded about the best way to resolve issues identified with Schedule 2 of the Bill, are supportive of discussion and debate, and open to amendments proposed by other Senators.

Long story short, in the period since the release of that legislation report by the Foreign Affairs, Defence and Trade Legislation Committee, in conversation with other senators around the chamber and, indeed, after Senator Ciccone's own contribution on behalf of the government drawing out the fact that schedule 2 may not be necessary and after further inquiry and deliberation, I've came to the decision that schedule 2 is not necessary. So this amendment seeks to amend the bill to remove schedule 2, but it in no way changes the application of the existing character test et cetera that exists in the Migration Act of 1958.