Supplmentary Explanatory Memorandum relating to sheet LX141
(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs, the Hon. David Coleman MP)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.
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