Zali Steggall (Warringah, Independent) Share this | Hansard source

I ask leave of the House to move amendment 1 and amendments 3 to 10 as circulated in my name together:

(1) Schedule 1, item 6, page 4 (after line 22), after paragraph 84B(2)(a), insert:

(aa) the event or circumstance is an armed conflict; and

(ab) Australia has not caused or contributed to, and is not causing or contributing to, the event or circumstance; and

(2) Schedule 1, item 6, page 5 (lines 26 and 27), omit subsection 84B(8).

(3) Schedule 1, item 6, page 5 (line 32) to page 6 (line 2), omit subsection 84B(10), substitute:

(10) The Minister may exercise the power in subsection (1) only once in relation to:

(a) a particular event or circumstances; or

(b) a particular class of non-citizens.

(4) Schedule 1, item 6, page 6 (lines 8 to 13), omit subsection 84B(13).

(5) Schedule 1, item 6, page 7 (after line 20), after subsection 84C(4), insert:

(4A) An arrival control determination does not apply in relation to a non-citizen at a particular time if, at that time, the non-citizen is currently in transit travelling to Australia under a temporary or visitor visa.

(6) Schedule 1, item 6, page 7 (line 21), omit "(3) and (4)", substitute "(3), (4) and (4A)".

(7) Schedule 1, item 6, page 7 (line 25), after "may", insert ", by legislative instrument,".

(8) Schedule 1, item 6, page 8 (line 9), omit "in writing", substitute "by legislative instrument"

(9) Schedule 1, item 6, page 9 (after line 28), after subsection 84E(2), insert:

(2A) If a temporary visa held by a non-citizen comes into effect again because of subsection (2):

(a) the visa is extended by a period equal to the period for which it was not in effect because of the relevant arrival control determination; and

(b) the Minister must seek advice as to what compensation should be paid to the non-citizen.

(10) Schedule 1, item 6, page 9 (before line 29), before subsection 84E(3), insert:

(2B) If an arrival control determination applies to a non-citizen, the Commonwealth must compensate the non-citizen in full for any travel, visa processing and other reasonable related costs incurred by the non-citizen because of the determination.

Let's be really clear. This legislation is hypocritical and deeply concerning. This is Trump politics. Of course, what we're clearly seeing from this government is that, if you're a high-profile person and a minister from the government can get a photo opportunity, then we will show some leniency, thoughtfulness and compassion. To everybody else, we're shutting the gate and acting in a way that is, I can only say, despicable.

This legislation is so hypocritical, it gives sweeping new powers to suspend the use of valid temporary visas for entire groups of people based on changing global circumstances. I want to be really clear. The legislation does not define 'event'. This can be, in this instance, a military conflict. In future it could be a natural disaster. It could be a famine. It could be a political policy or a government inclination that the government of the day does not like. This event is not defined. So one of my first amendments is to define this event to be limited to military conflict because, we know, this can be used in so many ways. We have to be really clear, when the assistant minister talks about how Australia wants to reserve the right of who comes and who stays, about how we don't want people overstaying, that people have already jumped through hoops to get these temporary and visitor visas. These are students or people who are coming for specific events to visit relatives—not direct relatives but relatives. It might be for funerals or weddings. These are significant events that people have absolutely jumped through procedural hoops to attend.

Let's be really clear, to get a visitor visa from Iran is not easy. The government makes it hard already, and this bill suggests that now all that effort could simply be for nothing, at the stroke of a pen from the minister. This amendment would allow the government to designate whole cohorts of visa holders from particular countries and prevent them from using lawfully granted visas.

Let's be really clear to call this what this is. It is racist policy. Any future government will have access to this legislation. This is not temporary legislation put in place with the current conflict. These measures will be ongoing and can be used in so many ways. While clearly targeted at Iranians today, in the future it can be unfairly applied to any nationality such as Lebanese or Palestinian temporary visa holders caught up in the current Middle East conflict.

There's nothing restricting these unprecedented powers just to this conflict, so I'm shocked at the hypocrisy that is being shown by the government and so many of its members. It shows how much our system is simply broken. Why are we not hearing from Labor backbenchers speaking up about this legislation? How are you representing your multicultural communities? How are you giving them a vote, a voice? You are incapable of properly representing your communities.

These amendments make sure that we restrict what kind of event can be contemplated for this. Of course, they also ensure that this is not indefinite. In the legislation there are no guardrails. The hypocrisy of the briefing I received with my colleagues in relation to there being guardrails was staggering. There are no limitations on how many periods of six months can be instigated, which says it is an indefinite power to block people from coming on valid visas, with no thought of compensation or anything. The rushed nature of the process speaks for itself. Surely you wouldn't want too much scrutiny when you're putting in place policies like this that are just copying Trump.

This legislation was debated with less than one hour's notice and with no indication that there would be a rush through of the second debate. This legislation is just simply wrong. Your communities know this and so many members of this House know that this legislation is wrong. We know that ministers being granted indefinite discretionary power is dangerous, so the amendments that I'm moving are to make sure that they are done by disallowable instruments to ensure that we have clear parliamentary scrutiny over these decisions. We need to have a review mechanism for affected individuals. There is no sunset clause to this legislation for how long this extraordinary power could remain in place. It is such a dangerous precedent, and it is shameful that members in this place are not speaking up against this legislation. The fact that you can pause these visas indefinitely, even though someone might be in transit, without any thought of compensation—

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