Varun Ghosh (WA, Australian Labor Party) Share this | Hansard source

I will now deal with the amendments circulated by Senators David Pocock and Tyrrell. The question is that the amendments on sheet 3694 be agreed to.

Senators David Pocock and Tyrell's circulated amendment s

(1) Schedule 1, item 6, page 4 (line 23), omit "one or".

(2) Schedule 1, item 6, page 4 (line 25), omit "may", substitute "would".

(3) Schedule 1, item 6, page 4 (line 31), omit "may", substitute "would".

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

(5) 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 circumstance; or

(b) a particular class of non-citizens.

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

(7) Schedule 1, item 6, page 6 (after line 13), at the end of section 84B, add:

(14) In this section:

event or circumstance means a conflict, natural disaster or significant emergency which increases or is likely to increase the risk that certain classes of temporary visa holders will not depart Australia when their visas cease to be in effect.

(8) Schedule 1, item 6, page 7 (line 6), after "de facto partner", insert ", parent, grandparent, sibling or step equivalent".

(9) 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.

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

(11) Schedule 1, item 6, page 8 (lines 16 and 17), omit subsection 84D(7).

(12) Schedule 1, item 6, page 8 (lines 18 to 21), omit subsection 84D(8).

(13) 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.

(14) 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.