Mr Tony Burke (Watson, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

The Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025 amends the Migration Act and Citizenship Act to clarify provisions relating to personal identifiers, and particularly requirements in relation to facial images, to ensure they align with international standards and current biometric technologies and practices.

The bill also amends the Citizenship Act to address certain residency barriers to Australian citizenship for persons who are seeking to engage in a specified activity that is of benefit to Australia, and who need to be an Australian citizen in order to engage in that activity.

Personal Identifiers

The collection of biometric facial images assists the department to mitigate identity fraud, and national security and community safety risks.

They enable the department to identify individuals who have committed serious crimes in Australia or in partner countries, and prevent the return of certain individuals who have previously been refused a visa, placed in immigration detention, or removed or deported from Australia.

The collection and use of facial images also support efforts to prevent identity fraud in visa and citizenship application processes, and mitigate the risk of human trafficking.

Facial images are also an important part of efficient and secure immigration clearance at the Australian border.

Biometric facial images are used by SmartGates to automate immigration clearance at our major international airports. Approximately 70 per cent of travellers are currently immigration cleared by SmartGates. This supports the Australian Border Force to manage increasing numbers of travellers entering Australia without the need for significant increases in ABF officers. The security benefits and efficiency of biometric facial images enable Border Force to focus the efforts of its officers on identifying persons of interest, protecting the Australian community and enabling legitimate travel and trade.

The last major changes to the department's collection of biometrics were made by the Migration Amendment (Strengthening Biometrics Integrity) Bill 2015. Since then, the international standards have evolved and biometric technologies facial images have advanced.

The amendments in schedule 1 to this bill will modernise and clarify the provisions of the Migration Act and Citizen Act that enable the collection of facial images. The amendments will ensure the department collects only what is required for biometric matching purposes. This includes clarifying the collection of facial images by authorised systems such as SmartGates or through an online application.

The amendments in schedule 1 will ensure the department has express authority to collect and verify facial images whether that image is of a face, face and neck or face and shoulders—in line with international facial image standards and practices in current biometric technology.

Modernising terms and definitions in the legislation for facial images, and bringing them into line with agreed international standards—instead of using outdated terminology—provides greater certainty for the Australian government and individuals going forward regarding the capability that underpins the integrity of the migration system.

Schedule 1 to the bill clarifies what constitutes a facial image. It also introduces provisions that clarify how a person's photograph or facial image is provided to a SmartGate or the minister under the act. These amendments will ensure that the department has clear legislative authority to collect what is required for biometric matching purposes, with flexibility reflected in the legislation to align upon the technologies.

The provisions also expressly allow for a SmartGate or the department to derive a photograph or other image of a person's face, in circumstances where more of their body is captured. For example, if a person presents to a SmartGate, and the original image includes their upper body. Importantly, the amendments in schedule 1 do not expand on the current collection of facial images or existing powers to collect them—the amendments simply clarify what constitutes a facial image.

The collection and use of facial images is a longstanding feature of Australia's immigration and border management processes and systems. The amendments in schedule 1 therefore also validate past actions taken by the department in relation to facial images collected under the Migration Act and Citizenship Act as in force at the relevant time. This is a commonsense amendment, to make clear that an image of a face and neck (that didn't also include the person's shoulders) is appropriately a personal identifier for the purposes of the legislation. The amendments are clarifying amendments and will not result in any penalties or disadvantage to those who have previously provided facial images.

Special residence requirements for citizenship

The bill also the Citizenship Act to amend the minister's personal, discretionary power to determine that a person meets special residence under section 22A of the act.

The amendments in schedule 2 to the bill will address residency barriers to Australian citizenship for persons who are engaging in an activity of benefit to Australia, and who are seeking to become an Australian citizen, but whose overseas absences relating to this activity impact their ability to meet the current general, special or alternative residence requirements.

The amendments will provide the minister with the discretion, under the minister's personal power, to determine that an applicant for Australian citizenship meets the special residency requirement under section 22A of the Citizenship Act, without needing to be satisfied they have been present in Australia for at least 180 days during the period of two years immediately before the day they make their application.

Currently under section 22A(1A) of the act, the minister has a personal, non-compellable power under the special residence requirement in relation to specific activities, where the minister considers that the person engaging in a specified activity would be of benefit to Australia.

These activities are specified in a disallowable legislative instrument made for the purposes of the provision—and include a range of sporting competitions, including the Olympics, Paralympics, international tennis or cricket matches.

However, in some cases, current provisions have failed to provide for the increased overseas training requirements associated with certain sports.

This is resulting in a significant missed opportunity for Australia to harness the significant contributions a person could make in terms of:

The amendments in Schedule 2 will address this by allowing the minister to exercise the minister's personal power to determine that an applicant for Australian citizenship meets the special residence requirement without needing to be present in Australia for at least 180 days during the period of two years immediately before they made an application.

The bill also makes a related amendment to remove the requirement that the applicant provides an undertaking that they will be present in Australia for a total of at least 180 days during the two-year period after acquiring Australian citizenship.

To continue to reinforce the importance of presence in Australia as a way of understanding the Australian way of life and the commitment made through the citizenship pledge, the applicant will still be required to provide an undertaking they will be ordinarily resident in Australia for two years immediately after they became an Australian citizen. The bill also makes consequential amendments of other provisions of the act, including associated revocation provisions, to reflect the changes to the undertaking.

Any applicant who applies under the special residence requirements will also continue to be required to meet all other relevant legislative requirements under the Citizenship Act to be approved to become an Australian citizen, including:

This legislation will ensure there is appropriate flexibility for applicants for Australian citizenship to participate in, for example, overseas training that may be required as part of their specified activity, while still spending sufficient time in Australia to understand the nature of Australian citizenship and the Australian way of life, and to call Australia home.

I commend this bill to the chamber.

Debate adjourned.