Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Hansard source

I table a revised explanatory memorandum relating to the bill and I move:

That this bill be now read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

The decision of the High Court yesterday is not the one the Government wanted—but it is one we were prepared for.

That's why the Government is in a position to take immediate steps to protect community safety.

This morning I attended Government House, where Her Excellency the Governor-General signed new regulations that will allow us to continue to use curfews and electronic monitoring devices—ankle bracelets—as visa conditions on the NZYQ cohort.

These visa conditions are designed to protect the community—not as a punitive measure.

The new regulations were ready to go because the Government was meticulously prepared for every possible outcome of the YBFZ case.

Those regulations are now in effect.

This legislation will support those regulations—but it is not necessary to give them effect.

Part of the reason these changes are necessary is because the High Court has objected to certain conditions being presumed unless the Minister finds otherwise rather than requiring a positive decision from the Minister.

This particular provision was not in the original Bill introduced to this Parliament but became part of amendments agreed to between the Government and Opposition before the legislation was finalised.

New community protection test

These changes establish a revised community protection test in the Migration Regulations, requiring (among other things) that the Minister is satisfied on the balance of probabilities that the holder of a Bridging Visa (Removal Pending)—known as a BVR—poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence.

Under the revised test, the Minister must also be satisfied on the balance of probabilities that the imposition of each condition (in addition to the other conditions imposed on the BVR) is:

The amendments of the Migration Regulations also necessitate certain amendments of the Migration Act 1958.

Section 76E at the moment is not consistent with the new regulations. The way the regulations have been drafted it will be some weeks before section 76E will be required to be used.

Therefore while it is important for this legislation to go through within a reasonable time it does not have to be rushed through this week.

Section 76E provides BVR holders an opportunity to make representations to the Minister if they are granted a BVR with electronic monitoring, curfew or certain financial reporting conditions imposed, and for the Minister to consider whether to grant a new BVR without one or more of those conditions (subject to the community protection test).

Enhanced removals powers

This legislation will also strengthen and streamline the Government's power to remove to third countries people who have had their visas cancelled.

When someone's visa is cancelled, for any reason, the first preference of the Government is for them to leave the country, voluntarily or involuntarily.

One of the most basic principles of our migration system is if you are in Australia you should either be a citizen or have a visa.

We will of course exercise our removal powers in accordance with our international non-refoulement obligations.

This legislation will:

Enabling amendments

To enable the effective operation of the proposed amendments in the Bill the Bill also includes:   

I commend the Bill to the house.