Economics Legislation Committee,...: 12 Mar 2026: Senate debates (OpenAustralia.org)

Senate debates

Thursday, 12 March 2026

Committees

Economics Legislation Committee, Foreign Affairs, Defence and Trade Joint Committee, Legal and Constitutional Affairs Legislation Committee, Legal and Constitutional Affairs References Committee; Government Response to Report

5:18 pm

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

I present four government responses to committee reports as listed on today's Order of Business and seek leave to have the documents incorporated into Hansard.

Leave granted.

The documents read as follows—

Australian Government response to the Senate Economics Legislation Committee report:

Inquiry into Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024

March 2026

Introduction

This Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 includes a package of reforms to modernise Australia's merger review framework. The Bill replaces Australia's current approach to merger control with a faster, stronger, simpler, targeted, more transparent and streamlined system that better addresses anti-competitive mergers and acquisitions.

The Bill:

The Bill passed both Houses on 28 November 2024 and received Royal Assent on 10 December 2024 as the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024.

The Government thanks the Senate Economics Legislation Committee for its inquiry into the Bill, and thanks the organisations and individuals who made submissions to the inquiry and participated in the public hearing.

The Government's responses to the recommendations made in the Committee's final report are provided below. In line with the guidelines on Government responses, recommendations that a bill or bills be passed, rejected, or amended have not been responded to. This includes the Committee's recommendation in the Main Report that the Senate pass the Bill, recommendation 1 in the Coalition Senators' additional comments and recommendation 1 in the Greens Senators' additional comments.

Response to the recommendations

Coalition Senators' additional comments

Recommendation 2

An expert implementation advisory panel be established, with the Competition Taskforce Advisory Panel and key submitters to this inquiry including the Business Council of Australia and the Technology Council of Australia among those represented.

Australian Government response

The Government notes this recommendation.

During the transition period (1 July-31 December 2025), Treasury worked closely with the Australian Competition and Consumer Commission (ACCC), the Business Council of Australia (BCA), the Law Council of Australia (LCA) and other key stakeholders, holding monthly meetings to capture emerging business experiences with the merger reform.

In 2025, the ACCC also renewed and expanded its Performance Consultative Committee to advise on the ACCC's merger review functions as well as the broad range of the ACCC's responsibilities.[1]

The Performance Consultative Committee consists of a range of stakeholders including consumer, business, and legal representatives.[2] The Performance Consultative Committee will provide feedback on ACCC initiatives and a forum for exchange of perspectives on key issues, including those related to the implementation of the new merger system.

Recommendation 3

Treasury and ACCC officials make themselves available to provide a private briefing to the Senate Economics Committee on merger regime implementation progress on a quarterly basis.

Australian Government response

The Government notes this recommendation.

Relevant Treasury and ACCC officials have and will continue to be available to provide updates on merger reform implementation progress as part of regular Parliamentary scrutiny processes (including Senate Estimates).

Recommendation 4

Serious consideration be given to the implementation proposals highlighted by the Business Council of Australia that have not yet been adopted, namely the quarterly publication of key performance indicators on merger timelines and the publication of s155 notices data.

Australian Government response

The Government notes this recommendation.

The ACCC published a Statement of Goals for Merger Reform Implementation[3] on 10 October 2024.

The ACCC will include a summary of key performance indicators relating to merger timelines as part of annual reporting on the ACCC's mergers work, and has committed to reporting on the use of extension powers related to its information gathering powers under section 155 of the Competition and Consumer Act 2010.[4]

The ACCC's acquisition register publishes timelines and its use of timeline extension powers for merger notifications.

Greens Senators' Additional Comments

Recommendation 2

The Government should prioritise reforms that would make markets more competitive and bring down the cost of essential goods and services, including by introducing economy-wide divestiture powers to allow for corporations that have misused their market power to be broken up.

Australian Government response

The Government does not support this recommendation.

The Government has prioritised reforms that will make our economy more competitive and productive, including the biggest reform to the merger control system in 50 years.

Divestiture is only available as a remedy in limited cases in Australia: to unwind mergers, to dispose of assets in a foreign investment context, or as a last resort to deal with aggravated causes of abuse of market power in electricity markets.

As past competition reviews have found, introducing divestiture powers as a remedy for breaches of misuse of market power provisions carries more risks than benefits and would likely result in significant adverse economic and legal consequences. The Hilmer (1993), Dawson (2003) and Harper (2015) reviews did not recommend divestiture as a remedy to address market power concerns.

As part of the Treasury Laws Amendment (Mergers and Acquisitions Reform) Act 2024, the Government passed legislation to introduce significant merger reforms to promote competition and deliver better outcomes for consumers, businesses and the economy. These are the biggest reforms to the merger control system in 50 years, making it stronger, faster, simpler, more targeted and more transparent. The ACCC will have stronger powers to identify and scrutinise transactions that pose a risk to competition before they occur.

[1 ] ACCC, Statement of Goals for Merger Reform Implementation, ACCC, Australian Government, 10 October 2024

[ 2 ] ACCC, https://www.accc.gov.au/inquiries-and-consultations/consultative-committees/accc-performance-consultative-committee, ACCC website

[3] ACCC, Statement of Goals for Merger Reform Implementation, ACCC, Australian Government, 10 October 2024

[4] Evidence to Senate Economics Legislation Committee, Parliament of Australia, Canberra, 30 October 2024,

16-17 (Gina Cass-Gottlieb, ACCC Chair).

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Australian Government Response to the Joint Standing Committee on Foreign Affairs, Defence and Trade report:

The pursuit of equality: Inquiry into the rights of women and childrenSeptember 2025

Response to the recommendations

Recommendation 1

The Committee recommends the Australian Government:

Response:

The Government agrees in principle with this recommendation.

The Australian Government has a number of mutually reinforcing national strategies and plans to guide and report on government action to advance gender equality, including to improve Australia's performance in relation to relevant SDGs.

The Australian Government is committed to genuine outcomes for women and girls in Australia and has an ambitious domestic gender equality agenda to close the gender gaps in our community. The Australian Government's efforts to drive gender equality are underpinned by Working for Women: A Strategy for Gender Equality (Working for Women), which was, released on 7 March 2024. Working for Women's Reporting Framework tracks and reports on measures to achieve gender equality over time.

The Australian Government's implementation of the National Plan to End Violence against Women and Children (2022-2032) (the National Plan) coordinates action across the Commonwealth and state and territory governments to support victim-survivors and prevent and respond to gender-based violence (GBV). The Australian Government has invested over $4 billion from the 2022-23 (October) Budget to the 2025-26 Budget cycle to support women's safety initiatives.

Australia is committed to implementing the 2030 Agenda for Sustainable Development and achieving the SDGs. The commitment to step up Australia's support for the 2030 Agenda and the SDGs is reflected in Australia's International Development Policy, released in August 2023. Australia's International Development Policy recognises the 2030 Agenda and the SDGs as the agreed norms, standards and values of the international development system, including full respect for international law and human rights. With five years left, Australia recognises the need to advance implementation of the 2030 Agenda to achieve all the SDGs.

Recognising that over 435 million women and girls are living in extreme poverty, the 2030 Agenda and gender equality are at the heart of Australia's International Development Policy, with ambitious targets to improve the lives of women and girls. The Australian Government is committed to doing its part to achieve all of the SDGs, recognising that our societies, economies and environments are interlinked and underpinned by human rights and gender equality.

Australia’s International Gender Equality Strategy, released in February 2025, outlines how the Government is driving gender equality through all tools of foreign policy, including our international development program. The strategy includes a focus on: work to end sexual and gender-based violence (SGBV) and advance women’s sexual and reproductive health and rights, pursue gender responsive peace and security, deliver gender equitable climate action and humanitarian assistance, promote women’s economic equality and inclusive trade, and support locally led approaches to women’s leadership.

Recommendation 2

The Committee recommends the Australian Government, when developing and implementing the new International Gender Equality Strategy, identify gender-based violence as a key strategic issue, and identify pathways and mechanisms to support its regional neighbours in addressing related issues.

Response:

The Government agrees with this recommendation.

The Australian Government is committed to responding to, addressing and preventing all forms of GBV. Australia's International Development Policy highlights this commitment, for a stronger, more secure and more inclusive Indo-Pacific region. Regional and bilateral Development Partnership Plans will be underpinned by robust gender, disability and social inclusion analyses, including in relation to GBV.

The International Gender Equality Strategy reinforces the commitment to tackling all forms of GBV, including through increased investment in prevention and response services in the Indo-Pacific and in crisis and conflict settings. The strategy commits to increasing support to Pacific crisis centres responding to GBV through a new initiative, Pacific Strong: Amplifying Action to End Violence against Women and Girls (PAVE). PAVE is a five-year, AUD 25 million (2026-2031) multi-country initiative to improve access, quality, and reach of VAWG response services, providing long-term support for the safety and wellbeing of survivors of violence in the Pacific.

The Government works with partners across Asia and the Pacific to support regional and bilateral programs focused on essential services for survivors, including access to justice, violence prevention, assistance to local women's organisations and evidence-building. Australia supports bilateral programs in 17 countries in the Indo-Pacific region.

For example, in the Indo Pacific the Government:

In the Pacific, DFAT supports GBV prevention and survivor services, primarily through Pacific Women Lead and bilateral gender programming. Pacific Women Lead is a five-year (AU$170 million, 2021-26) investment designed to advance the safety of Pacific women and girls, in all their diversity, and their equitable sharing of resources, opportunities and decision-making with men and boys. One of the intended outcomes of Pacific Women Lead is a reduction in violence against women and children, along with improved access to quality, comprehensive support services for survivors of GBV, including in times of disasters. Australia funds GBV services in Fiji, Federated States of Micronesia, Kiribati, Papua New Guinea, Solomon Islands, Tonga, Tuvalu and Vanuatu.

Through Pacific Women Lead, Australia funds prevention mechanisms. For example, the Fiji Women's Crisis Centre provides education and advocacy on gender equality and prevention of violence, and The Pacific Community coordinates the Regional Working Group on Domestic Violence Legislation that facilitates exchanges on good practices. Additionally, Australia supports education, leadership and economic empowerment of women and girls through programs such as Balance of Power, Pacific Girl and Markets for Change. Empowering women and girls and tackling discriminatory gender norms are effective ways to reduce, and eliminate, GBV.

The Attorney-General's Department works closely with the PNG Department of Justice and Attorney-General (DJAG) to address a range of law and justice priorities, including family and sexual violence, and sorcery accusation-related violence. Through the DFAT funded PNG Institutional Partnership Program, the Attorney-General's Department has assisted in law reform efforts to address family and sexual violence, and delivered, alongside DJAG and other DFAT-funded programs, training to village court officials on the Family Protection Act and the use of Protection Orders in cases of domestic violence. The Attorney-General's Department has also worked closely with DJAG to assist in the development of a sorcery National Action Plan to combat instances of sorcery accusation-related violence.

Recommendation 3

The Committee recommends the Department of Foreign Affairs and Trade investigate and implement strategies to assist in the improvement of legal frameworks and support services in the Indo-Pacific regarding GBV.

Response:

The Government agrees with this recommendation.

The Australian Government is committed to responding to, addressing and preventing GBV in all its forms. Australia's International Development Policy highlights this commitment for a stronger, more secure and more inclusive Indo-Pacific. The International Gender Equality Strategy reinforce this commitment.

The Government works with partners across Asia and the Pacific to support regional and bilateral programs focused on essential services for survivors, including access to justice, violence prevention, assistance to local women's organisations and evidence-building. DFAT respects Pacific Island governments' rights to determine their own legal frameworks.

Through the Pacific Partnership to End Violence Against Women, Australia is supporting women's machineries in Kiribati, Tonga and the Solomon Islands develop comprehensive national prevention frameworks.

Bilateral investments such as PNG Women Lead (AU$55.2 million, 2021-28) and Responding to Violence Against Women and Girls in the Solomon Islands (AUD5.3 million, 2024-27) strengthen the operation and implementation of existing domestic legal frameworks. PNG Women Lead provides training to police and law enforcement agencies to strengthen knowledge around recognising, responding to and handling GBV matters. Under the Responding to Violence Against Women and Girls programs in the Solomon Islands, the International Women's Development Agency works with crisis centres to strengthen reporting quality in-line with SAFENET, a network of government and non-government organizations to strengthen referral and coordination of SGBV services in the Solomon Islands

As part of Pacific Women Lead, DFAT supports The Secretariat of the Pacific Community (SPC) to implement the Progressing Gender Equality in the Pacific program (PGEP). PGEP addresses the priorities identified in the 2023 Pacific Leaders' Gender Equality Declaration and the 2017 Pacific Platform for Action for Gender Equality and Women's Human Rights to support Pacific Island governments to adopt policies and legislation that support gender equality and women's and girls' human rights.

Australia, through its development partnership with Indonesia, contributed to the development of legal and policy reforms to address and prevent GBV in Indonesia. Australia continues to support the Indonesian government and civil society organisations to implement the reforms, including work to improve access to justice and essential support services for GBV victim-survivors.

Recommendation 4

The Committee recommends the Australian Government:

Response:

The Government notes this recommendation.

Protecting Australians from harm is of the utmost importance to the Australian Government. Under Australia's federal system of government, the Commonwealth, states and territories have different areas of responsibility. States and territories are generally responsible for crimes against the person including acid attacks which may already constitute an offence such as serious assaults, grievous bodily harm, torture, attempted murder and homicide offences.

The Commonwealth regularly engages with states and territories on criminal justice issues through fora such as the Standing Council of Attorney's-General and the Police Minister Council.

The Commonwealth will continue working with states and territories to ensure acid attacks are sufficiently encapsulated as a form of criminal offending in legislation.

Recommendation 5

The Committee recommends the Australian Government develop and implement strategies to counteract orphanage trafficking and tourism, including:

Response:

The Government agrees in part to this recommendation.

The Australian Government remains strongly committed to addressing all forms of modern slavery, including by working with multilateral partners to eliminate orphanage trafficking and related practices of orphanage tourism.

At the 52nd Session of the Human Rights Council (8 March 2023), the Government delivered a national statement during the Interactive Dialogue with the Special Rapporteur on the Sale and Sexual Exploitation of Children to reiterate the Government's commitment to keep all children safe from exploitation.

The Government will continue to engage with the work of the Special Rapporteur on the Sale and Sexual Exploitation of Children; the Special Rapporteur on Contemporary Forms of Slavery; and the Special Rapporteur on Trafficking in Persons, Especially Women and Children—including through Australia's Ambassador to Counter Modern Slavery, People Smuggling and Human Trafficking.

Australia also regularly engages with governments and multilateral partners on issues relating to modern slavery and human trafficking, including through forums such as Alliance 8.7, in which Australia is currently a governing member. Through DFAT, the Government also participates in global forums to share volunteering good practice on issues such as child protection and 'voluntourism'. Through the Australian Volunteers Program, the Government will continue to work with partners to draw on the program's extensive guidance material concerning safe child volunteering practices.

DFAT will also continue to use Smartraveller communications to highlight to travellers the risks associated with volunteering at orphanages and existing messaging that the Government discourages short term unskilled volunteering in orphanages.

The Government does not consider it is necessary to enact a specific offence to criminalise orphanage trafficking. Australia's offences for slavery, slavery-like practices and trafficking in persons in Division 270 and 271 of the Criminal Code (Cth) capture exploitation or intended exploitation in any industry or setting, including institutional settings such as orphanages. The offences apply to a broad range of criminal actors. All offences in Divisions 270 and 271, other than the domestic trafficking offences, apply to the overseas conduct of Australian citizens, residents and bodies corporate.

Recommendation 6

The Committee recommends the Australian Government develop legislation addressed at the rights of the victims of child sexual abuse material, including:

Response:

The Government agrees in part to this recommendation.

The Australian Government is committed to preventing and responding to child sexual abuse in all settings and supporting victims and survivors. Every child and young person has the right to be safe from child sexual abuse, and it is our collective responsibility to protect them.

There are existing legislative and administrative pathways that enable a victim and survivor of child abuse material to seek compensation or reparations or restitution. For example, section 21B of the Crimes Act 1914 (Cth) gives a court discretionary power to order an offender to make reparations to any person who suffers loss or expense 'by reason of' the offence as part of the sentencing proceeding.1 Similar reparations or restitution provisions exist under state and territory legislation. State and territory victims of crime compensation schemes may also be available to victims and survivors of child sexual abuse material offences.

Following the Super for Survivors campaign, the Australian Government has committed to closing a loophole which allows child sexual abuse offenders to deny victims and survivors compensation through shielding assets in the superannuation system. The Government will legislate to allow victims and survivors of child sexual abuse offenders to seek a court order to access personal and voluntary superannuation contributions made by convicted offenders to pay court ordered compensation which remains outstanding for 12 months or more.

The Government will also legislate to allow compensation orders for victims and survivors of child sexual abuse to survive an offender's bankruptcy. This will prevent offenders from being able to avoid compensating victims and survivors by becoming bankrupt.

Under measure 10 of the First Commonwealth Action Plan of the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030, the Attorney-General's Department is conducting a scoping study on the availability of civil remedies for victims of Commonwealth child sexual abuse offences. The findings are expected to inform the National Strategy's Second Action Plan.

The Government notes the recommendation for 'victim access to a perpetrator notification system from law enforcement agencies'. Further consideration is required of the international evidence base around such notification systems and how such a scheme could apply in the Australian context. This includes ensuring that any future perpetrator notification system would achieve the objective of supporting victims and survivors of child sexual abuse material.

Recommendation 7

The Committee recommends the Australian Government continue to use international forums, including bilateral platforms and interparliamentary networks, to emphasise the need to strengthen laws and protections regarding the human rights of women and children in conflict and crisis situations. This should include an emphasis on developing and strengthening responses to issues such as sexual and gender-based violence, children in exploitative environments and industries, and modern slavery.

Response:

The Government agrees with this recommendation.

The Australian Government recognises that conflict and crisis situations heighten the risks of modern slavery, especially for women and children who remain disproportionately affected by these crimes. Australia engages with partners in our region and globally to build awareness and help countries to strengthen their responses to these inhumane crimes and their drivers.

Across its multilateral and bilateral engagement, DFAT, along with other Commonwealth departments, will continue to employ every strategy and diplomatic tool at its disposal to uphold global human rights laws and norms, as they relate to the rights of women and children, consistent with Australia's values and interests. The Government will continue to advocate and negotiate in international fora to uphold and strengthen legal and normative commitments to respect, protect and fulfill the human rights of women and of children in all contexts, including in conflict and crisis situations. This includes addressing issues of SGBV, exploitation and modern slavery. Australia is supporting the establishment of a global Gender Justice Practitioner Hub which will support practitioners involved in securing gender justice for victims and survivors of international crimes.

The Attorney-General's Department leads Australia's support to the Pacific Islands Law Officers' Network (PILON), a regional network of senior Pacific law and justice officials. Combatting SGBV by strengthening justice system responses and ensuring access to justice for women and girls is a strategic priority for PILON. The SGBV Working Group has representation from 17 Pacific Island countries and territories. It has developed best practice, including model provisions and explanatory text, for supporting vulnerable witnesses in cases involving SGBV and on the use of victim impact statements. In November 2023, PILON published Regional Guidelines for Prosecutors and Witnesses Support Officers to support Vulnerable Witnesses through the Prosecution of SGBV Offences. These Guidelines, which are being rolled out in several countries in the Pacific, aim to expedite SGBV prosecutions, reduce re-traumatisation to vulnerable witnesses, ensure courts hear the best evidence and improve public confidence in reporting SGBV offences.

Recommendation 8

The Committee recommends the Department of Foreign Affairs and Trade (DFAT) ensure that all activities concerning humanitarian, crisis or disaster responses involving

DFAT-funded or - supported entities be:

Response:

The Government agrees in principle with this recommendation.

The Australian Government is committed to supporting gender-responsive, socially-inclusive and locally led humanitarian action. DFAT’s contracts and grant agreements stipulate that all recipients must comply with DFAT policies on gender equality, child protection and preventing sexual exploitation, abuse and harassment. For DFAT procurements, tenderers must demonstrate how they will deliver on Australian international development priorities, including gender equality, Indigenous participation, disability, social inclusion, and localisation in delivering the services.

Australia is committed to increasing local engagement; and there are existing and sufficient controls in place to not require a new process for a statement on local engagement from partners. Australia’s International Development Performance and Delivery Framework measures outcomes and impact of humanitarian and crisis response efforts, including through a three-tier indicator framework, annual investment performance processes, annual reporting and independent evaluations.

Recommendation 9

The Committee recommends that the Department of Foreign Affairs and Trade allocate a specific portion of Official Development Assistance funding to projects relating to data collection on issues affecting women and children.

Response:

The Government agrees in principle with this recommendation.

DFAT already provides Official Development Assistance funding to projects relating to data collection, as part of broader programming in response to partner requests.

DFAT works with national governments and other development partners to strengthen the disaggregation of data, including by gender, disability and other social inclusion markers and to strengthen the integration of gender analyses within and across development initiatives, including support for disability-disaggregated data and the disaggregation of disability data by sex and gender, to ensure gender-responsive approaches to disability.

Australia provides various regional and country level initiatives that contribute to data for gender equality and related areas, such as the inclusion of people marginalised by disability and social protection. This includes direct support to the SPC, which manages the Pacific Statistical Support Program and oversees implementation of the Pacific Roadmap for Gender Statistics.

Since 2014, the Government has supported partners with the production and utilisation of data to enable national level policy and program development for gender equality. This includes support for UN Women's flagship gender data program Women Count to close data gaps on priority gender equality issues in the Indo-Pacific region, including on the impacts of the COVID-19 pandemic on gender equality and the human rights women and girls. Australia also funds UNFPA kNOwVAWdata initiative which supports countries in Asia and the Pacific to undertake international best-practice violence prevalence surveys, covering intimate partner and non-partner violence. The Equality Insights program, supported by DFAT since 2014 (including its original development as the Independent Deprivation Measure), is a unique tool for assessing poverty at the individual level, across multiple dimensions. Australian Government support has evolved alongside the development and maturation of the tool, with recent work focused on its application in Tonga and the Solomon Islands.

Australia has also provided funding to UNICEF since 2014 for projects aimed at fostering the availability and quality of data on children with disabilities, at a global level. This partnership resulted in the development of tools, including the Child Functioning Module, the Teacher Version of the Child Functioning Module and the Inclusive Education Module. Technical assistance was provided to over 60 countries on implementing the Child Functioning Module increasing the quantity of quality data on children with disabilities. The information gap on children with disabilities was addressed through analysis and reports like UNICEF’s Seen, Counted, Included: Using data to shed light on the well-being of children with disabilities (2021). Quality data are key to eliminating discrimination against women and children on the basis of disability.

Recommendation 10

The Committee recommends that the Australian Government develop an International Children's Development Strategy which outlines:

Response:

The Government notes this recommendation.

The Australian Government is committed to work in a range of ways to support the needs of young people in partner countries, including upholding the rights of women and children internationally, and building on existing connections through education, religious and cultural institutions, and youth organisations. This is reflected in existing strategies and policies.

Australia's International Development Policy acknowledges that there are significant demographic shifts occurring across the region, bringing unique challenges and opportunities in different countries, particularly for women, youth and children, such as access to quality education and health services, and creating sufficient and decent jobs.

Australia assumes its responsibilities for safeguarding and promoting the rights of children in local and regional settings, including by ensuring robust child protection requirements under the international development program, which also includes reference to international conventions and Australian domestic legislation.

Australia’s International Development Performance and Delivery Framework includes a specific education indicator for children, tracking the proportion of children and young people achieving at least minimum proficiency in reading and mathematics, with Australian support.

Crimes Act 1914

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Australian Government response to the Legal and Constitutional Affairs Legislation Committee report:

Migration Amendment (Removal and Other Measures) Bill 2024

October 2025

Committee Majority Report

Recommendation

1. The committee recommends that the Minister considers community impacts when designating a country as a removal concern country.

The Government agreed with these Recommendations.

At the time of the inquiry, the Senate Legal and Constitutional Affairs Committee did not have the benefit of the Minister's response to the Senate Standing Committee for the Scrutiny of Bills. While already public, relevant information from that correspondence has been further included in this response, for the benefit of the Committee.

In respect to Recommendation 1, the Minister will take into account impacts on the Australian community when designating a country as a removal concern country. In practice, the Bill (now Act) requires the Minister to consult the Prime Minister and Minister for Foreign Affairs before designating a country. As noted in paragraph 71 in the Bill's explanatory memorandum, this condition on the exercise of the Minister's power under subsection 199F(1) ensures that the Minister's consideration of the national interest is appropriately informed by the national and international implications of the exercise of the power and its effect, including under proposed section 199G (the bar on visa applications by nationals of a removal concern country). The Minister would take into account impacts on the Australian community prior to making such a designation.

Community impacts may also be considered as an element of the national interest, along with the risks associated with the designation. In practice, this would occur under paragraph 199F(6)(b) as inserted by the Bill (now Act), which requires the Minister to outline the reasons for thinking it is in the national interest to designate a country, before each House of the Parliament.

2. The committee recommends that the Senate pass the Bill

Dissenting Report by Coalition Senators

1. Proposed subsection 199B(1) be amended to reflect the Government's stated intention that the cohort of 'removal pathway non-citizens' be only those individuals who have neither legal proceedings (relevant to their migration status) on foot, nor any pending ministerial intervention requests. Alternatively, consideration could be given to amending section 199D(2) to expand the circumstances in which a removal pathway direction cannot be given to include circumstances where judicial review proceedings are still on foot or there is an outstanding application for Ministerial intervention.

The Government agreed with Recommendations 2, 3, 8, 11 and 16

In response to recommendations 2, 3 and 16 the proposed changes were dealt with by the Government through the Migration Amendment Bill 2024. That Bill provided a definition of removal pathway non-citizen to be inserted into subsection 5(1) of the Migration Act 1958.

In response to Recommendation 8 the Government moved-amendments in the Senate to theMigration Amendment (Removal and Other Measures) Bill 2024 (now Act) through sheet no SV105 on 28 November 2024.

In response to Recommendation 11 the Government moved amendments in the Senate through sheet no SV105 on 28 November 2024 to provide that unless the Minister revokes a designation earlier, that the designation will sunset after three years.

All other recommendations from the dissenting reports by Coalition Senators, the Australian Greens, and Senator David Pocock were noted and not adopted.

2. Subsection 199B(1)(d) be amended to clarify that the power only applies to additional visas issued for non-citizens to maintain lawful status in the community while making arrangements to depart or be removed from Australia.

3. Subsection 199B(1)(d) should be amended to specifically refer to prescription by regulation under section 504 of the Migration Act 1958 to remove any doubt that the exercise of the power will be by way of delegated legislation subject to disallowance.

4. The Bill be amended to insert a requirement after section 199D(5) that, prior to giving a removal pathway direction in relation to any child, the Minister must conduct an assessment of whether the direction is in the best interests of the child, as one of the factors to be considered by the Minister prior to making a removal pathway direction.

5. Consideration be given to amending the Bill to provide for the additional safeguards proposed by the Scrutiny of Bills Committee in relation to the Minister's power to give removal pathway directions; namely: (a) providing a minimum time for compliance which would allow a person to take steps to comply and seek legal advice; and (b) better delimitation of the directions that may be given by the Minister.

6. The imposition of mandatory minimum criminal penalties elevates the need for additional safeguards to be inserted into the Bill through amendment (including through the amendments proposed in recommendations 1 to 5 of this report). Proposed amendments to the Bill should be considered in this context.

7. Within seven days of the end of each month, the Minister should be required to provide a statement to be tabled in Parliament in relation to each removal pathway direction which is given by the Minister during the month with the detail proposed by the Coalition in its amendments to the Bill moved in the House of Representatives.

8. The power to declare a country as a removal concern country be redrafted to require the Minister to consider a set of factors which must be considered prior to making a designation (e.g. those factors required to be included under the analogous UK legislation), including the potential impact on Australian diaspora communities of making such a declaration.

9. The Minister and/or the PJCIS be required to review the decision to declare a country as a removal concern country on a regular basis and be required to table in both House of Parliament the reasons why continued designation of a country as a removal concern country is justified.

10. The reasons for a declaration of a country as a removal concern country not being subject to disallowance should be clearly explained in the Explanatory Memorandum. If a declaration is not subject to disallowance that elevates the need for further details to be provided in the Bill with respect to the circumstances in which a declaration would be made (refer to Recommendation 9).

11. Any declaration of a country as a removal concern country should be subject to sunsetting after three years.

12. That the exemptions under section 199G(2) from the prohibition on applying for visas should be expanded to include: parents of independent children, grandparents, siblings and dependent persons (to take into account non-western kinship systems as suggested by the Parliamentary Joint Committee on Human Rights).

13. That Government should:

14. The Government should restore the Operation Sovereign Borders framework in full by: (a) reinstating temporary protection visas; (b) reversing the budget cuts to border protection; and (c) restoring maritime patrols and aerial surveillance levels to at least the levels in 2020-21.

15. A statutory review should be undertaken with respect to the exercise of the powers under the Bill after five years of operation. The review should be open to public submissions.

16. It is recommended that a note to drafting be added to proposed section 199B to clarify the Department's intention not to capture other holders of Subclass 050 (Bridging) General Visas.

17. Given the nature of the powers granted to the Minister under the Bill, it is recommended that the Bill be amended as detailed in this report to provide additional safeguards.

Dissenting Report by the Australian Greens

1. This Bill should be rejected in full.

Dissenting Report by Senator David Pocock

1. That the Senate does not pass the Bill

2. That the Government gives access to an expedited re-application process to everyone who has been subjected to the 'Fast Track system', including access to merits review in the Administrative Appeals Tribunal or the proposed future Administrative Review Tribunal.

3. That all future refugee status determinations are conducted in a fast, robust and fair manner with access to both merits and judicial review, and that applicants are not subjected to protracted processing times that contribute to barriers to their removal should they be found not to be owed protection.

4. That the Bill is amended to ensure that, if an applicant has not been eligible for review by the Administrative Review Tribunal or the Administrative Appeals Tribunal (for example, if they are a Fast Track applicant or a transitory person), they may not be given a removal pathway direction

5. Should the Senate choose not to follow these primary recommendations, and passes the Bill, I make the following recommendations:

That the Bill is amended to ensure that where a person's matter is subject to judicial review or where they have a pending request for ministerial intervention due to compelling and compassionate circumstances, they may not be given a removal pathway direction

6. That the Bill is amended to ensure that the immediate family of Australian citizens, permanent residents and stateless persons cannot be given a removal pathway direction

7. That the Bill is amended to delete proposed paragraphs 199B(1)(c) and 199B(1)(d), to remove Bridging Visa E holders and the holders of additional classes of visas that may be prescribed in the future from the meaning of removal pathway non-citizen

8. That the Bill is amended to remove the proposed subsection 199E(2) relating to a 12-months mandatory minimum sentence

9. That the Bill is amended to remove the proposed subsection 199E(4), including paragraphs (a), (b) and (c), relating to exceptions to what is considered a 'reasonable excuse'.

10. That the Bill is amended to remove items 3-9 in Schedule 2, relating to the power to revisit protection claims.

11. That the Bill is amended to ensure that proposed section 199G 'Visa applications by certain nationals of a removal concern country' may only be applied to government officials of a removal concern country and their immediate family members

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Australian Government response to the Senate Legal and Constitutional Affairs References Committee report:

Comprehensive revision of the Telecommunications (Interception and Access) Act 1979

NOVEMBER 2025

Recommendations made in the Comprehensive Revision of the Telecommunications (Interception and Access) Act 1979

Committee Chair's Recommendations

Recommendation 1:

The Chair recommends that the Telecommunication (Interception and Access) Act 1979 be amended to include an objects clause modelled on Article 17 of the International Convention on Civil and Political Rights and the privacy principles contained in the Privacy Act 1988.

Response: