Tim Ayres (NSW, Australian Labor Party, Minister for Industry and Innovation) Share this | Hansard source

Firstly, I table a letter from the Minister for Home Affairs to the chair of the scrutiny of bills committee, responding to concerns raised by the committee.

I thank all senators who've risen to speak on the Migration Amendment (2026 Measures No. 1) Bill 2026. The amendments in the bill demonstrate the government's commitment to protecting the integrity and sustainability of Australia's migration system. The bill establishes a new legislative framework to enable the Minister for Home Affairs to more effectively regulate travel into Australia in periods of international conflict to avoid any unsustainable strain on the functioning of our migration system. The bill does this by empowering the minister to make an arrival control determination that would suspend temporary visas of certain classes of noncitizens in specified circumstances. This is a personal power of the minister, and the minister must first obtain written agreement from the Prime Minister and the Minister for Foreign Affairs.

The arrival control determination legislation is an important addition to the government's ability to regulate travel to Australia. Currently, this may only be achieved through individually assessing each visa to determine where there are grounds to cancel a visa, which takes time and is not appropriate in circumstances where an urgent response at scale is required. The bill allows the minister to make an arrival control determination if the minister is reasonably satisfied that an event or circumstance has occurred or is occurring outside Australia and the noncitizens to whom the determination is to apply may, if they enter Australia on a temporary visa, remain in Australia after the visa ceases to be in effect, or if the visa would not have been granted had the event or circumstance occurred or been occurring at the time it was granted.

A determination can be in effect for a maximum period of six months. It cannot be varied or extended. However, it can be revoked by the minister by legislative instrument. The bill does not operate in relation to permanent visas of any kind. It only applies in relation to temporary visas and only for noncitizens in a class specified in the determination.

The bill also expressly provides that an arrival control determination does not apply to noncitizens who hold a temporary protection or other temporary humanitarian visa in Australia; a refugee or protection visa holder or applicant; or an immediate family member of an Australian citizen or permanent resident. The bill also enables the minister to exempt individuals from an arrival control determination on a case-by-case basis via a permitted travel certificate, enabling travel for those individuals.

The current situation in the Middle East demonstrates how quickly circumstances that may be relevant to holders of valid temporary visas who may seek to travel to Australia can change. In these circumstances it is vital that government can respond accordingly. This bill provides government with a framework to better and more rapidly regulate travel to Australia in periods of international conflict or global shocks. This new framework will ensure government has the means to quickly take the necessary steps to manage risk before it manifests in Australia. I commend the bill to the chamber.