Migration Amendment (Character Cancellation Consequential Provisions) Act 2017
No. 10, 2017
An Act to make consequential amendments relating to the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Migration Act 1958
Migration Amendment (Character Cancellation Consequential Provisions) Act 2017
No. 10, 2017
An Act to make consequential amendments relating to the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014, and for related purposes
[Assented to 22 February 2017]
The Parliament of Australia enacts:
1 Short title
This Act is the Migration Amendment (Character Cancellation Consequential Provisions) Act 2017.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 22 February 2017 |
2. Schedule 1 | The day after this Act receives the Royal Assent. | 23 February 2017 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Migration Act 1958
1 Paragraph 5C(1)(b)
Repeal the paragraph, substitute:
(b) the non‑citizen has been convicted of an offence that was committed:
(i) while the non‑citizen was in immigration detention; or
(ii) during an escape by the non‑citizen from immigration detention; or
(iii) after the non‑citizen escaped from immigration detention but before the non‑citizen was taken into immigration detention again; or
(ba) the non‑citizen has been convicted of an offence against section 197A; or
(bb) the Minister reasonably suspects:
(i) that the non‑citizen has been or is a member of a group or organisation, or has had or has an association with a group, organisation or person; and
(ii) that the group, organisation or person has been or is involved in criminal conduct; or
(bc) the Minister reasonably suspects that the non‑citizen has been or is involved in conduct constituting one or more of the following:
(i) an offence under one or more of sections 233A to 234A (people smuggling);
(ii) an offence of trafficking in…
Overview
The Migration Amendment (Character Cancellation Consequential Provisions) Act 2017, enacted by the Parliament of Australia on 22 February 2017, was designed to address the legislative gaps and consequential amendments arising from the Migration Amendment (Character and General Visa Cancellation) Act 2014. This legislation aims to refine the procedures for character-based visa cancellation and its repercussions. It amends the Migration Act 1958 to incorporate new grounds for visa cancellation and to ensure consistency across related provisions, thereby enhancing the effectiveness and integrity of Australia's immigration laws.
The Act seeks to clarify and strengthen the legislative framework surrounding the cancellation of visas based on character grounds, ensuring that the legal provisions are aligned with the policy objectives of maintaining national security and public safety. The consequential amendments made by this Act are intended to ensure that the legal framework supports the effective implementation of character-based visa cancellation and its associated processes.
Scope and Application
The Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 applies to non-citizens who are subject to provisions of the Migration Act 1958 and aims to provide consequential amendments following the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014. The Act primarily affects individuals who are non-citizens of Australia and are subject to visa cancellation provisions under the Migration Act, including those who have been convicted of certain offences, have associations with criminal conduct, or pose a security risk. It also applies to the Minister for Immigration and Border Protection and relevant officials in administering and enforcing these provisions. Geographically, the Act operates within the Commonwealth of Australia and applies to all states and territories under the jurisdiction of the Australian federal government. The Act does not specify any exclusions, exemptions, or thresholds for its application. The Act extends its application through amendments to the Migration Act 1958, which may be further defined or refined through subordinate instruments and regulations issued under the authority of the Act.
Key Provisions
- The Migration Amendment (Character Cancellation Consequential Provisions) Act 2017 introduces consequential amendments to the Migration Act 1958, following the enactment of the Migration Amendment (Character and General Visa Cancellation) Act 2014. The Act primarily seeks to update and refine the conditions under which a non-citizen's visa may be cancelled due to character grounds. Key amendments include expanding the grounds for visa cancellation under subsection 5C(1) to include more detailed situations involving criminal conduct and associations with criminal groups or activities (section 1). It also modifies the criteria for considering a non-citizen unfit to plead under subsection 5C(2) (section 4). Additionally, the Act updates references to certain sections of the Migration Act to include new sections introduced by the 2014 Act, ensuring consistency across the legislation (sections 5 to 8).
- The obligations imposed by the Act require non-citizens to adhere to the expanded criteria for visa cancellation, meaning they must be aware of their legal status and the potential implications of their actions. The Act also mandates that officers must remove non-citizens whose visas have been cancelled and who have not applied for a new visa within the specified timeframe (subsection 198(2B)). Furthermore, the Act introduces a requirement for officers to consider specific provisions when making decisions about non-citizens, ensuring that the decisions are made in accordance with the updated legal framework (subsections 500(6A) to 500(6D), and 500(6F) to 500(6J)).
- Breaches of the provisions under this Act can lead to serious consequences. For example, non-citizens who fail to comply with the requirement to leave Australia when their visa has been cancelled may face criminal charges and penalties. While specific maximum penalties are not detailed in the Act itself, penalties for visa-related offences can be severe, often including substantial fines and imprisonment. Additionally, non-citizens who commit serious crimes or pose a security risk may face further legal action under other sections of the Migration Act 1958 or related criminal legislation. These penalties underscore the importance of compliance with the Act's provisions to avoid severe legal repercussions.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Reporting & Disclosure Obligations
