Senate

Second Reading Speech

Ian Campbell (Parliamentary Secretary to the Treasurer)

I move:

That this bill be now read a second time.

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

Leave granted.

The speeches read as follows-

This bill amends the Migration Act 1958 to give more effective protection to confidential information and ensure that section 503A operates as originally intended.

Currently, section 503A of the act protects information that is communicated to an "authorised migration officer" by a "gazetted agency" where that information is:

Communicated on the condition that it be treated as confidential; and

Is relevant to the making of a decision to refuse or to cancel a visa on character grounds.

This existing statutory scheme of protection does not extend to protect the information where a non-citizen commences proceedings in the Federal Court, or the Federal Magistrates Court, to review a character decision.

In such circumstances, my department must rely on a claim of public interest immunity to protect the information from disclosure. If the court does not uphold the claim to immunity, then the information must be disclosed.

Any such disclosure would certainly put at risk the continued provision of this information in the future. In some instances, it may even endanger the lives of sources.

The amendments in this bill ensure the protection of information where character decisions are challenged in court proceedings.

If a person commences court proceedings challenging an adverse character decision, then the amendments will:

Limit the circumstances in which section 503A protected information can be disclosed to the Federal Court, or the Federal Magistrates Court;

Enable the Federal Court and the Federal Magistrates Court to use interim and permanent non-disclosure orders to protect information that is disclosed to them;

Set out specific criteria to which the Federal Court and Federal Magistrates Court must have regard when considering the making of a permanent non-disclosure order;

Allow these courts to revoke or vary its non-disclosure orders but only with the consent of both parties to the substantive proceedings;

Make it an offence, punishable by two years' imprisonment, for anyone to engage in conduct that contravenes a non-disclosure order;

Make it clear that the minister's power to make a declaration authorising the disclosure of confidential information under subsection 503A(3) of the act is a non-compellable power, and provide that the Federal Court and the Federal Magistrates Court have no power to review a decision by the minister not to exercise, or not to consider the exercise, of the power.

This will provide more effective protection for confidential information and will complement broader national and international strategies to counter major and transnational crime, including terrorism.

To add to these measures, the bill also contains amendments to ensure that section 503A operates as originally intended. These amendments:

Protect the source of confidential information (that is, the name of the gazetted agency) and any conditions on which the gazetted agency provides this information;

Define gazetted agency in a way that ensures that the providers of confidential information are appropriately specified in the gazette notice; and

Make it clear that information protected from disclosure under section 503A of the act is also exempt from disclosure under the Freedom of Information Act 1982.

In summary, I believe that these amendments protect the national interest, by ensuring that intelligence and law enforcement agencies can continue to have confidence in Australia's ability and willingness to protect their information.

These amendments are particularly relevant given the current security environment where it is vital that information provided by national security agencies is protected.

I commend the bill to the chamber.

Debate (on motion by Senator Mackay) adjourned.

Ordered that the bills be listed on the Notice Paper as separate orders of the day.