Senate debates

Wednesday, 20 October 2021

Bills

Migration Amendment (Strengthening the Character Test) Bill 2019; Second Reading

11:15 am

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I rise to sum up the debate on the Migration Amendment (Strengthening the Character Test) Bill 2019. I thank all members for their contributions to the debate on this bill. The bill amends the Migration Act 1958 to provide grounds for noncitizens who commit serious offences and who pose a risk to the good order and safety of the Australian community to be appropriately considered for visa refusal or cancellation.

We recognise that certain offences have a significant impact on victims and their communities. Like the Australian community, the government has a low tolerance for criminal behaviour and believes that entry or stay in Australia should remain a privilege granted only to those of good character. We remain committed to upholding the good order and safety of our community and protecting our residents. The amendments in the bill allow for discretionary visa refusal or cancellation where a noncitizen has a conviction for a designated offence punishable by at least two years imprisonment. Designated offences include violent and sexual crimes, breaching personal protection orders like AVOs, using or possessing a weapon or assisting with any of these crimes.

The amendments address gaps in the character test to capture noncitizens who have been convicted of a serious crime punishable by at least two years imprisonment, have received less than 12 months imprisonment for their crimes and pose a risk to the Australian community. The bill is specifically designed to protect women and children from family violence. That's why it targets violent and sexual crimes as well as breaches of personal protection orders like apprehended violence orders. Furthermore, the existing ministerial directions set family violence as a primary consideration for decision-makers when they apply the character test.

Under the Morrison government, foreign criminals have been deported at record rates. We will continue to keep Australians safe by seeking to ensure our laws allow us to deport even more serious criminals. Anthony Albanese and Labor should either back these changes or provide a much clearer explanation as to why they will not. The bill deserves the support of all members and I commend the bill to the Senate chamber.

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