Chapter 1
Introduction
Referral
1.1
The Migration and Maritime Powers Amendment Bill (No. 1) 2015 (Bill) was
introduced into the House of Representatives by the Minister for Immigration
and Border Protection, the Hon Peter Dutton MP, on 16 September 2015.[1]
1.2
On 17 September 2015, pursuant to a report of the Selection of Bills
Committee, the Senate referred the provisions of the Bill to the Legal and
Constitutional Affairs Legislation Committee (committee) for inquiry and report
by 10 November 2015.[2]
Conduct of the inquiry
1.3
In accordance with its usual practice, the committee wrote to a number
of individuals and organisations, inviting submissions to the inquiry by 8
October 2015. Submissions continued to be accepted after that date. Details of
the inquiry were made available on the committee's website.[3]
1.4
The committee received seven submissions
to the inquiry, which are listed at Appendix 1. All submissions were published
on the committee's website. The committee thanks the Department of
Immigration and Border Protection (department) and the organisations that assisted
with the inquiry.
Purpose of the Bill
1.5
The Bill seeks to amend the Migration Act 1958 (Migration Act) and
the Maritime Powers Act 2013 (Maritime Powers Act) to strengthen and
clarify the legislative frameworks, 'ensuring that they will be interpreted
consistently with original policy intention and operate effectively as
intended'.[4]
Overview of the Bill
1.6
The Bill comprises four schedules: Schedules 1–3 propose amendments to
the Migration Act; and Schedule 4 contains amendments to the Maritime Powers
Act.
1.7
According to the Explanatory Memorandum (EM), the Bill will:
-
ensure that when an unlawful non-citizen is being removed from
Australia under section 198 of the Migration Act, until that person enters the
destination country, the person can be returned to Australia without a visa and
will continue to be barred from making a valid application for certain visas
(Schedule 1);
-
improve coherency and consistency in the character‑related
provisions of the Migration Act, following the amendments made by the Migration
Amendment (Character and General Visa Cancellation) Act 2014 (Character
Act) (Schedule 2);
-
ensure that when the Migration Act provides for a visa to cease, that
visa will cease whether or not it is in effect at the time (excepting visas to
remain in but not re-enter Australia) (Schedule 3);
-
ensure that fast track applicants who are refused protection
visas based on certain character or security grounds can apply for merits
review in the Administrative Appeals Tribunal (Schedule 3);
-
clarify that when a protection visa application has been made on
a person's behalf (for example, because they were a minor at the time), and
that visa has been refused, the person cannot make a further protection visa
application, irrespective of the grounds on which a new application would be
made and irrespective of the grounds stated in the original application (Schedule
3); and
-
confirm that powers under the Maritime Powers Act are able to be
exercised in the course of passage through or above the waters of another
country in a manner consistent with the 1982 United Nations Convention on the
Law of the Sea (Convention) (Schedule 4).[5]
1.8
Schedules 1–4 of the Bill commence the day after receiving Royal Assent,
except for Part 1 of Schedule 3 which commences retrospectively on
25 September 2014.[6]
Some sub-items in item 22 of Schedule 2 also have retrospective application.
Consideration by the Parliamentary Joint Committee on Human Rights
1.9
The Parliamentary Joint Committee on Human Rights has deferred
consideration of the Bill.[7]
However, the Statement of Compatibility with Human Rights in the EM states that
the Bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.[8]
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