Sue Lines (President) Share this | Hansard source

I'll now deal with the remainder of those amendments. The question is that the amendments on sheets 3610, 3615 and 3626 be agreed to.

Senator D avid Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell's circulated amendments—

SHEET 3610

(1) Page 2 (after line 16), after clause 3, insert:

4 Review of operation of Act

(1) The Attorney-General must cause an independent review to be conducted of the operation of the amendments made by this Act.

(2) Without limiting the matters that may be considered when conducting the review, the review must consider the operation and appropriateness of the mandatory minimum sentences in table items 1AA, 1A and 1B in the table in section 16AAA of the Crimes Act 1914 for offences against the following provisions in the Criminal Code Act 1995:

(a) subsection 80.2BE(1) or (2) (advocating force or violence through causing damage to property);

(b) subsection 80.2H(1) (public display of prohibited Nazi symbols or giving Nazi salute);

(c) subsection 80.2HA(1) (public display of prohibited terrorist organisation symbols).

Consultation requirement

(3) The review must provide for public consultation, including providing for public submissions over a period of at least 2 calendar months.

Expert panel conducting the review

(4) The review must be conducted by an expert panel comprised of 3 members appointed by the Attorney-General.

(5) The Attorney-General must ensure that the members of the expert panel collectively possess experience or knowledge in all of the following fields:

(a) human rights;

(b) hate speech;

(c) criminal law;

(d) law enforcement;

(e) civil liberties;

(f) constitutional law;

(g) migration law;

(h) national security;

(i) intelligence.

(6) A member of the expert panel must not be any of the following:

(a) a person engaged under the Public Service Act 1999;

(b) a serving member of the Australian Defence Force, the Australia Federal Police or an Australian intelligence agency;

(c) a current or former member of the Parliament, or a current or former member of a Parliament of State or Territory;

(d) any other person who has a material conflict of interest in relation to this Act.

Timing of review

(7) The review must commence no later than 2 years after the day this section commences.

(8) The expert panel must complete the review before the end of the period of 12 months beginning on the day the review commences.

Attorney-General to be given report of review

(9) The expert panel must give the Attorney-General a written report of the review as soon as practicable after the review is completed.

Attorney-General to table report of review

(10) The Attorney-General must cause a copy of the report of the review to be tabled in each House of the Parliament within 10 sitting days of that House after the Attorney-General receives the report.

Government response to recommendations

(11) If the report sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Attorney-General must cause a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and

(b) within 6 months after the day the report is first tabled in a House of the Parliament, the Attorney-General must table a copy of the statement in each House of the Parliament.

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SHEET 3615

(1) Schedule 1, item 11, page 8 (after line 28), after subsection 16A(2AAD), insert:

(2AAE) For the purposes of subparagraph (2)(mb)(i), a person's conduct is not taken to be motivated by hatred solely because it involves criticism of the policies, actions or institutions of a foreign state, or discussion of matters of international law.

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SHEET 3626

(1) Schedule 2, item 7, page 47 (after line 31), after subsection 500A(1C), insert:

Merits review

(1D) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a temporary safe haven visa because of the application of subsection (1A) of this section is a reviewable migration decision.

(2) Schedule 2, item 11, page 49 (after line 34), after subsection 501(11B), insert:

Merits review

(11C) Despite anything else in this Act, Part 5 of this Act has effect as if a decision to refuse to grant, or to cancel, a visa because of the application of subsection (6A) of this section is a reviewable migration decision.