House of Representatives

Explanatory Memorandum

(Circulated by authority of the Assistant Minister for Home Affairs, the Hon. Alex Hawke MP)

Outline

The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) amends the Migration Act 1958 (the Migration Act) the Customs Act 1901 (the Customs Act) and the Passenger Movement Charge Collection Act 1978 (the PMCC Act).

The Bill amends the Migration Act to:

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Ensure that when an unlawful non-citizen is in the process of being removed to another country under section 198 and the removal is aborted, or the removal is completed but the person is not permitted entry into the receiving country, and as a direct result the person is returned to Australia, then that person has a lawful basis to return to Australia without a visa and ensure that when such a person does return to Australia without a visa, the person will be taken to have been continuously in the migration zone for the purposes of sections 48 and 48A of the Migration Act which bar the person from making a valid application for certain visas.

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Allow the Department of Home Affairs (the Department) to use an online account such as ImmiAccount to provide clients with certain legally required communications.

The Bill amends the Customs Act to:

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Insert a new provision similar to section 15C of the Taxation Administration Act 1953 to allow the Department to make a recoverable payment to a person whom is entitled to it.

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Make a technical amendment to section 58A to restore wording that was inadvertently omitted when the provision was repealed and substituted by the Customs Legislation Amendment Act (No. 1) 1999, to ensure this provision operates as intended.

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Make a technical amendment to the wording of section 208DA to ensure this provision operates as originally intended in relation to the disposal of narcotic-related goods (other than narcotic goods).

The Bill amends the PMCC Act to:

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Insert a new head of power so that regulations can prescribe the charging and recovery of fees for, and in relation to, the payment of passenger movement charge or an amount equal to the charge.

Financial Impact Statement

These amendments will have no financial impact.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

A Statement of Compatibility with Human Rights has been completed in relation to the amendments in this Bill and assesses that the amendments are compatible with Australia's human rights obligations. A copy of the Statement of Compatibility with Human Rights is at Attachment A.