David Gillespie (Lyne, National Party) Share this | Hansard source

I rise in support of the Migration Amendment (Aggregate Sentences) Bill, and I'd also like to acknowledge the amendments that have been moved by the member for Wannon, as I think they are sensible and would even strengthen the provisions of the bill.

The need for this bill, as outlined by other speakers—but I just want to put it on the record—follows the decision of the full Federal Court of Australia in the court case Pearson v Minister for Home Affairs. In the Pearson decision, the Federal Court held, relevantly, that in effect an aggregate sentence—that is, a single sentence for more than one offence—imposing a term of imprisonment does not in and of itself constitute a 'substantial criminal record' within the meaning given by subsection 501(7) of the Migration Act and particularly paragraph 501(7)(c), even in circumstances where the sentence is to an aggregate maximum term of imprisonment of four years and three months in respect of 10 offences. Now, that is one that was specifically mentioned. But it would have unintended consequences for aggregate sentences for, say, two or three very serious crimes, for even longer than the four years and three months mentioned in that specific decision. If a noncitizen breaks the trust involved in their being allowed in Australia, by being found guilty and convicted of certain serious offences, and poses a risk to the safety of the Australian community, then I agree that they don't pass the character test, and so they should be considered for visa refusal or cancellation.

The bill also includes provisions to validate past decisions and actions under the Migration Act and certain other specified laws where those decisions and actions might have otherwise been deemed invalid as a consequence of the Federal Court's decision in Pearson. This means the mandatory invalidation of cancelled visas occurred and up to 100 people who would have otherwise—historically, and with this current amendment—not met the character test at all have had their detention cancelled.

I mentioned the member for Wannon's amendments. These were amendments that were being considered last year. They include designated offences that would give more strength to the arm of the minister to cancel the visas for noncitizens if they had committed a designated offence, such as violence or threat of violence; sexual assault; breaching court orders such as AVOs for the personal protection of another person; and offences that did not occur in Australia but which, if they had occurred in Australia, would have been punishable by imprisonment for life, imprisonment for a fixed term not less than two years or imprisonment for a maximum term of not less than two years. These are sensible, rational amendments, and I urge the minister to consider them in the good spirit in which they are given.

The Migration Amendment (Aggregate Sentences) Bill 2023 is a very important bill because we have got a strong record of getting the right character person as a permanent resident or eventually a citizen in the country. The nation must reserve the right to get the right people living here. I commend the bill to the House.

Question agreed to.

Bill read a second time.

See this speech in context