Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

Senator Gallagher to move on the next day of sitting:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025, allowing it to be considered during this period of sittings.

Document: Senator Gallagher tabled the following document:

Consideration of legislation—Statement of reasons for the introduction and passage of the bill in the 2025 spring sittings.

Contingent notices of motion: Senator Thorpe gave contingent notices of motion as follows:

No. 1—To move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business)—That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any matter.

No. 2—To move (contingent on any senator objecting to a motion being taken as formal)—That so much of the standing orders be suspended as would prevent the motion being moved immediately and determined without amendment or debate.

No. 3—To move (contingent on any senator being refused leave to move an amendment to a motion moved during formal business)—That so much of the standing orders be suspended as would prevent that senator moving the amendment to the motion.

No. 4—To move (contingent on any senator being refused leave to amend their own motion prior to it being taken as formal)—That so much of the standing orders be suspended as would prevent that senator amending the motion.

No. 5—To move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired)—That so much of the standing orders be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of time or for a specified period.

No. 6—To move (contingent on the moving of a motion to debate a matter of urgency under standing order 75)—That so much of the standing orders be suspended as would prevent the senator moving an amendment to the motion.

No. 7—To move (contingent on any senator being refused leave to move a motion relating to the suspension or adjournment of the Senate)—That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the suspension or adjournment of the Senate.

No. 8—To move (contingent on a minister at question time on any day asking that further questions be placed on notice)—That so much of the standing orders be suspended as would prevent the senator moving a motion that, at question time on any day, questions may be put to ministers until 30 questions, including supplementary questions, have been asked and answered.

No. 9—To move (contingent on any senator being refused leave to make a statement to the Senate)—That so much of the standing orders be suspended as would prevent that senator making that statement.

No. 10—To move (contingent on any senator being refused leave to table a document in the Senate)—That so much of the standing orders be suspended as would prevent the senator tabling the document.

I also table a statement of reasons, justifying the need for the bill to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Purpose of the Bill

This Bill gives effect to the Government's intention that non-citizens who have exhausted all avenues to remain in Australia should be removed, including to third countries where Australia has reached an agreement for their reception.

The Migration Amendment Act 2024 (Act 105 of 2024) and the Migration Amendment (Removal and Other Measures) Act 2024 (Act 107 of 2024) inserted new sections 76AAA, 198AAA, 198AHB, 199C and 501M into the Migration Act 1958 (Migration Act). Those sections deal with the Commonwealth taking action in relation to third country reception arrangements such as disclosing information to that country (section 198AAA), making a visa application for the non-citizen to enter the third country (subsection 198AHB(2)) or giving removal pathway directions to a removal pathway non-citizen.

This Bill would clarify that the rules of natural justice do not apply to any action taken by the Commonwealth in relation to third country reception arrangements. The Bill also validates any relevant decisions that may have been affected by a failure to afford natural justice.

The Bill also addresses the decision of the Full Court of the Federal Court in AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs (2024) 304 FCR 586; (2024] FCAFC 103 (AJN23). The Bill validates any visa decision made by the Minister or a delegate of the Minister that might have otherwise been rendered wholly or partly invalid only because it was made, or purportedly made, on the basis that the Migration Act authorises or requires the detention of an unlawful non-citizen in respect of whom there is no real prospect of removal from Australia becoming practicable in the reasonably foreseeable future

Reasons for Urgency

Passage of the bill in the 2025 Spring sittings is required to ensure that the Government can deliver on its obligation to protect the Australian community by removing unlawful non-citizens, even where removal to the home country is not possible.

Prior to the decision of the High Court of Australia in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (Case no S28/2023) some level of community protection was available through immigration detention where removal was not immediately possible.

There are now over 200 non-citizens from the NZYQ cohort in the Australian community, many of whom have serious criminal records including crimes of violence. A number of these non-citizens have reoffended since being granted bridging visas following the NZYQ decision, and the Government is committed to removing them from Australia at the earliest opportunity.