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

Pursuant to the order agreed earlier today, the time allotted for debate has expired. I will now deal with the Committee of the Whole amendments, starting with the amendments circulated by the Australian Greens. The question is that the amendments on sheets 3696 and 3699 be agreed to.

Australian Greens' circulated amendments

SHEET 3696

(1) Clause 2, page 2 (table item 2), omit "Schedule 1", substitute "Schedules 1 and 2".

(2) Page 11, after line 5, at the end of the Bill, add:

Schedule 2 — Enabling Resolution of Status visa applications by transitory persons

Migration Act 1958

1 After subsection 46B(1)

Insert:

(1A) Subsection (1) does not apply to an application for a visa classified by the regulations as a Resolution of Status (Class CD) visa if the application is made by a transitory person who is in Australia.

_____

SHEET 3699

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

Varun Ghosh (WA, Australian Labor Party) Share this | Link to 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.

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

The question is that the remaining stages of the bill be agreed to and the bill now be passed.