Supplmentary Explanatory Memorandum relating to sheet LX141
(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs, the Hon. David Coleman MP)Outline
These government amendments to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) amend the amendments moved by Senator Storer, and Senator McKim on behalf of the Australian Greens.
Specifically, the government amendments provide that an officer must not bring a person to Australia from a regional processing country if the officer knows, or reasonably suspects that the person has a substantial criminal record as defined in section 501(7) of the Migration Act 1958
Financial Impact Statement
These amendments will have a no financial impact.
Amendments to Amendments
Amendment 1 - After proposed subsection 198C(5), insert:
1. This inserts proposed subsection 198C(5A) after proposed subsection 198(5).
2. Proposed new subsection 198(5A) provides that an officer who knows or reasonably suspects that a transitory person who is in a regional processing country is a member of the same family unit as a minor who is in Australia, and the Minister has approved the person's transfer under proposed section 198G, the officer must, for a temporary purpose, bring the transitory person to Australia.
3. Proposed new subsection 198(5A) provides that an officer must not bring a person to Australia in accordance with proposed new subsection 198(5) if the officer knows or reasonably suspects that the person has a substantial criminal record as defined in subsection 501(7) of the Migration Act 1958.
4. Current subsection 501(7) of the Migration Act 1958 provides that a person has a substantial criminal record in the following circumstances:
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- the person has been sentenced to death; or
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- the person has been sentenced to imprisonment for life; or
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- the person has been sentenced to a term of imprisonment of 12 months or more; or
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- the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more; or
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- the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or
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- the person has:
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- been found by a court to not be fit to plead, in relation to an offence; and
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- the court has nonetheless found that on the evidence available the person committed the offence; and
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- as a result, the person has been detained in a facility or institution.
5. A person who has a substantial criminal record, as defined by subsection 501(7) of the Migration Act 1958, does not pass the character test, as defined in subsection 501(6) of the Migration Act 1958. A person who does not pass the character test may be refused a visa to enter Australia. Proposed subsection 198(5A) ensures that people who would not otherwise pass the character test are not be brought to Australia.