Senate debates

Monday, 10 October 2016

Bills

Migration Amendment (Character Cancellation Consequential Provisions) Bill 2016, Migration Amendment (Family Violence and Other Measures) Bill 2016, Treasury Laws Amendment (Income Tax Relief) Bill 2016; Second Reading

5:44 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

MIGRATION AMENDMENT (CHARACTER CANCELLATION CONSEQUENTIAL PROVISIONS) BILL 2016

The Migration Amendment (Character Cancellation Consequential Provisions) Bill 2016 makes a number of amendments to give full effect to the substantive amendments made by the Migration Amendment (Character and General Visa Cancellation) Act 2014.

The Character and General Visa Cancellation Act significantly strengthened the character and general visa cancellation provisions in the Migration Act to ensure that non-citizens who commit crimes in Australia, pose a risk to the Australian community or represent an integrity concern are appropriately considered for visa refusal or cancellation.

The Character and General Visa Cancellation Act also introduced:

        The consequential amendments set out in this Bill will ensure that the mandatory cancellation- related powers are reflected consistently and comprehensively throughout the Migration Act, according to the original intent of the changes made in late 2014. This will ensure that the Government has the capability to proactively and robustly address character and integrity concerns.

        In particular, the Bill will ensure that confidential information that is critical to decision making under the new character cancellation provisions is given the same level of protection that is currently afforded to confidential information relating to other character provisions in the Migration Act.

        This Bill will also give full effect to the policy of mandatory cancellation, by putting beyond doubt that a non-citizen who is the subject of a mandatory character cancellation decision is available for removal from Australia if they do not seek revocation within the relevant time period, or are unsuccessful in having their visa reinstated.

        Further, the Bill seeks to strengthen our ability to identify non-citizens suspected of being of character concern by aligning the definition of 'character concern' in the Act with the strengthened 'character test' in section 501.

        Consistent with the original intent of the Character and Cancellation Act, this will facilitate the lawful disclosure of non-citizens' identifying information where a non-citizen is suspected of being of character concern.

        This Bill demonstrates this Government's clear and continuing commitment to ensuring that non-citizens who pose a risk to the Australian community are dealt with effectively, efficiently and comprehensively.

        I commend the Bill to the Chamber.

        MIGRATION AMENDMENT (FAMILY VIOLENCE AND OTHER MEASURES) BILL 2016

        The Migration Amendment (Family Violence and Other Measures) Bill 2016 amends the Migration Act 1958 to introduce an assessable sponsorship framework for family sponsored visas.

        Under the current arrangements it is a requirement for family visa applicants to be sponsored by an Australian citizen or permanent resident. However, for most of these visas there is no assessment of the character of the sponsor, or responsibility that attaches to their sponsorship.

        While full character checks have long been a mandatory requirement for all visa applicants, sponsors are currently only required to provide police checks when a minor is included in the visa application, and even then, the available grounds to refuse a visa for persons with a violent criminal history are limited.

        In the sponsored family visa program and in particular, the partner visa category, the lack of focus on sponsors has led to problems with:

            The bill being introduced today will change this, and put in place a framework that will require a sponsor of a family stream visa to be assessed and approved before a visa application can be made.

            In addition, it will also require sponsors to agree to the results of their character checks to be shared with the persons they are sponsoring, so that they can make an informed decision about whether to proceed with their application or not, especially in circumstances where there are children involved in the application.

            While the visa application process itself will not change, under these new provisions, a valid family visa application cannot be decided, until a sponsorship approval is in place.

            This Government has made it very clear that we have strong views on domestic violence. It is not acceptable, under any circumstances.

            These important reforms are a very significant first step in protecting potentially vulnerable visa applicants from the risk of domestic violence when participating in the family sponsored visa program.

            If people have a history of violence or domestic violence, then that should be taken into account when determining their suitability as a family visa sponsor, and with the changes being introduced today – it now will be.

            The amendments in this bill support, and deliver on important elements of the second action plan in the National Plan to Reduce Violence against Women and their Children 2010-2022.

            The improvements introduced with this bill strengthen the protections for visa applicants by extending the sponsorship framework that currently applies to the temporary work sponsored visa program to the family sponsored visa program as well.

            Amongst other things, the introduction of this framework will:

                        These requirements will initially apply to partner visas, and will be progressively rolled out across all family sponsored visas under the family stream of the migration program.

                        The changes we are making in this bill complement the work being done right across Government to reduce the incidence of domestic violence in our community.

                        TREASURY LAWS AMENDMENT (INCOME TAX RELIEF) BILL 2016

                        This Bill amends the Income Tax Rates Act 1986 toprovide a personal income tax cut to hard working Australians to support them to work, save and invest.

                        By extending the upper bound of the third income tax bracket, this Bill delivers on the Government's commitment to bring down personal income taxes for Australians, and reduce disincentives to work and take enterprising risks.

                        This is an important step in the process of modernising our tax system.

                        As a result of the cuts to income tax contained within this Bill, 500,000 Australian taxpayers will be kept out of the 37 per cent tax bracket in 2016-17.

                        Further, around 3.1 million taxpayers will receive an annual tax cut of up to $315 in 2016-17 and beyond.

                        Australians want a tax system that doesn't limit opportunity or punish those that are working hard or taking risks in business.

                        It is crucial that we have a modern tax system that allows people to work more and take more risks without facing the pressure of a growing tax burden that suffocates hard work, innovation and enterprise.

                        Australians understand that the tax system which this Government inherited is outdated, hindering growth and hampering small business.

                        That's why this Government announced in the 2016-17 Budget a suite of measures aimed at boosting the economy and making a start on personal income tax relief.

                        Australians knows that our future, our jobs and those of our children depend on how well we continue to grow our economy.

                        That's why the economic plan laid out in the Budget will back in Australians to seize opportunities.

                        A strong economy means a mum whose kids are now at school and wants to work a few more days, or work full-time, will have plenty of opportunities to do so without the being penalised with such high rates.

                        A strong economy means that young men and women who have left school and are looking for a job will find an employer who is hiring and happy to give them a start.

                        Under existing law a marginal tax rate of 32.5 per cent applies to taxable incomes between $37,001 and $80,000. Incomes above $80,001 then have a marginal rate of 37 cents not including the 2 per cent Medicare Levy.

                        This Bill will extend the 32.5 per cent marginal tax rate from $80,000 to $87,000, from 1 July 2016, benefitting around 3.1 million Australian taxpayers.

                        Once this Bill enacting the personal income tax cuts has been introduced to Parliament and the Commissioner of Taxation has confidence that the legislation will pass he will make the new withholding schedules giving effect to these tax cuts.

                        The Government is committed to delivering personal income tax cuts that are affordable.

                        As a down payment towards further tax relief for working Australians, this Bill will particularly assist those earning the average full time wage in Australia.

                        This is crucial because without this action, the average full time wage earner would move into the second top tax bracket of 37 cents in the dollar in tax in 2016-17.

                        These are mum and dad workers – middle income Australia that is bearing this growing burden.

                        This Bill will reward these hard working Australians for doing more overtime, picking up more shifts, taking a promotion or getting a second or better job.

                        This is a step towards the modern tax system that Australians want and need. A system that encourages Australians to work, not punish them for having a go or taking risks.

                        As the Government works to improve Australia's fiscal settings, it will look for opportunities to extend further tax relief to working Australians.

                        Full details of the measure in this Bill are contained in the explanatory memorandum.

                        Debate adjourned.

                        I move:

                        That resumption of the debate be an order of the day for a later hour.

                        Question agreed to.

                        I move:

                        That the bills be listed on the Notice Paper as separate orders of the day.

                        Question agreed to.