Migration Amendment (Family Violence and Other Measures) Act 2018 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Migration Amendment (Family Violence and Other Measures) Act 2018.
(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.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 10 December 2018 |
Schedule 1 | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 17 April 2019 (F2019N00035) |
Note: This table relates only to the provisions of this Act as originally enacted.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.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
approved family sponsor means a person:
(a) who has been approved under section 140E as a family sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and
(b) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class.
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Subsection 5(1) (definition of approved sponsor ) Repeal the definition, substitute:
approved sponsor means:
(a) an approved family sponsor; or
(b) an approved work sponsor.
Insert:
approved work sponsor means:
(a) a person:
(i) who has been approved under section 140E as a work sponsor in relation to a class prescribed by the regulations for the purpose of subsection 140E(2); and
(ii) whose approval has not been cancelled under section 140M, or otherwise ceased to have effect under section 140G, in relation to that class; or
(b) a person (other than a Minister) who is a party to a work agreement.
Note: A partnership or an unincorporated association may be an approved work sponsor: see subsections 140ZB(1) and 140ZE(1) respectively.
Repeal the heading, substitute:
Before “The purposes”, insert “(1)”.
After “of this Division”, insert “, to the extent it applies in relation to the temporary sponsored work visa program,”.
Omit “a temporary sponsored work visa program”, substitute “the program”.
Omit “temporary sponsored work visa”.
Before “sponsors”, insert “work”.
Add:
(2) The purposes of this Division, to the extent it applies in relation to the sponsored family visa program, are:
(a) to strengthen the integrity of the program; and
(b) to place greater emphasis on the assessment of persons as family sponsors; and
(c) to improve the management of family violence in the delivery of the program.
(3) The purposes referred to in subsection (2) are to be achieved by establishing a framework that:
(a) requires the approval of persons as family sponsors before any relevant visa applications are made; and
(b) imposes obligations on persons who are or were approved family sponsors; and
(c) provides for sanctions if such obligations are not satisfied; and
(d) facilitates the sharing of personal information in accordance with this Division.
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Subdivision B of Division 3A of Part 2 (heading) Repeal the heading, substitute:
Repeal the heading, substitute:
Before “sponsor in”, insert “work”.
Repeal the note, substitute:
Note: A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under this section (see paragraph (b) of the definition of
approved work sponsor ).
Insert:
(1A) The Minister must approve a person as a family sponsor in relation to one or more classes prescribed for the purpose of subsection (2) if prescribed criteria are satisfied.
Before “sponsor”, insert “work sponsor or family”.
Before “sponsor”, insert “work sponsor or family”.
Repeal the heading, substitute:
Before “sponsor”, insert “work sponsor or family”.
Repeal the heading, substitute:
Before “sponsor”, insert “work sponsor or family”.
Repeal the heading, substitute:
Before “sponsor”, insert “work sponsor or family”.
Insert:
After “approved”, insert “work”.
Before “sponsor”, insert “work”.
After “approved” (wherever occurring), insert “work”.
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Subsection 140GBA(7) (definition of eligible temporary visa holder ) After “approved” (wherever occurring), insert “work”.
After “approved”, insert “work”.
Omit “a sponsor”, substitute “an approved work sponsor”.
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Subsections 140GBB(4) and 140GBC(1), (2) and (3) After “approved”, insert “work”.
After “approved”, insert “work”.
Before “sponsor”, insert “work sponsor or family”.
After “following matters”, insert “to the extent they relate to a person who is or was an approved work sponsor”.
Omit “an approved sponsor, a former approved sponsor”, substitute “the person”.
Omit “an approved sponsor”, substitute “the person”.
Omit “an approved sponsor or former approved sponsor”, substitute “the person”.
After “approved” (wherever occurring), insert “work”.
Insert:
(2A) Subject to subsection (2B), the Minister must take all reasonable steps to ensure that regulations made under section 504 for the purposes of subsection 140H(1) include obligations in relation to the following matters to the extent they relate to a person who is or was an approved family sponsor:
(aa) paying prescribed medical, hospital, aged care or other health‑related expenses incurred by a visa holder or a former visa holder;
(a) complying with prescribed requirements to keep information and provide information to the Minister;
(b) notifying the Minister of prescribed changes in the circumstances of the person, a visa holder or a former visa holder.
(2B) For any particular matter mentioned in subsection (2A), the Minister must take all reasonable steps to ensure that the obligations in the relevant regulations apply in relation to:
(a) all approved family sponsors or former approved family sponsors; or
(b) a specified class (or classes) of approved family sponsors or former approved family sponsors.
Omit “Subsection (1) does”, substitute “Subsections (1) and (2A) do”.
Before “sponsor”, insert “work sponsor or family”.
Omit “section 119”, substitute “section 114”.
Note: This item fixes an incorrect cross‑reference.
Omit “section 120”, substitute “section 115”.
Note: This item fixes an incorrect cross‑reference.
After “approval”, insert “as a work sponsor or family sponsor”.
Omit “section 119”, substitute “section 114”.
Note: This item fixes an incorrect cross‑reference.
Omit “section 120”, substitute “section 115”.
Note: This item fixes an incorrect cross‑reference.
Omit “a sponsor”, substitute “an approved sponsor”.
Before “sponsor”, insert “work sponsor or family”.
Before “sponsor”, insert “work sponsor or family”.
Omit “as a sponsor”, substitute “as a work sponsor or family sponsor”.
After “approvals”, insert “as a work sponsor or family sponsor”.
Before “sponsor in”, insert “work sponsor or family”.
Before “sponsor in”, insert “work sponsor or family”.
Repeal the heading, substitute:
Before “sponsor”, insert “work sponsor or family”.
Before “sponsor”, insert “work sponsor or family”.
After “complied with”, insert “by a person who is or was an approved work sponsor”.
Omit “required under subsection 140H(1) to satisfy a sponsorship obligation”, substitute “or was an approved work sponsor”.
Repeal the subsection, substitute:
Personal information about approved work sponsors etc.
(1) The Minister may disclose personal information of a prescribed kind about a person mentioned in column 2 of an item of the following table to a person or body mentioned in column 3 of the item:
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Personal information about approved family sponsors etc.
(1A) The Minister may disclose personal information of a prescribed kind about a person mentioned in column 2 of an item of the following table to a person or body mentioned in column 3 of the item:
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Regulations may prescribe circumstances for disclosure etc.
Add “under subsection (1) or (1A)”.
Insert:
Notice of disclosure
After “subsection (1)”, insert “or (1A)”.
After “approved”, insert “work”.
Omit “of sponsor”, insert “of work sponsor or family sponsor”.
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Section 245AQ (paragraphs (a) and (b) of the definition of sponsorship‑related event ) Before “sponsor under”, insert “work sponsor or family”.
In this Part:
commencement means the commencement of this item.
Migration Act means theMigration Act 1958 .
(1) This item applies if:
(a) a person was approved as a sponsor under section 140E of the Migration Act before commencement; and
(b) immediately before commencement, the approval is in effect.
(2) The person’s approval continues to have effect (and may be dealt with), after commencement, as if it were an approval of the person as a work sponsor under section 140E of the Migration Act, as amended by this Schedule.
(3) Despite the amendments of sections 140G and 140GA of the Migration Act made by this Schedule, a term of the person’s approval:
(a) continues to have effect after commencement; and
(b) may be varied after commencement in accordance with section 140GA of that Act, as amended by this Schedule.
(1) This item applies if:
(a) before commencement, a person was barred, under section 140M of the Migration Act, from doing a thing for a particular period; and
(b) immediately before commencement, that period has not ended.
(2) Despite the amendments of sections 140K, 140L and 140M of the Migration Act made by this Schedule, the bar:
(a) continues to have effect after commencement; and
(b) may be waived after commencement in accordance with sections 140O and 140P of that Act, as amended by this Schedule.
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Application—subsections 140ZH(1) and (1A) of the Migration Act Subsections 140ZH(1) and (1A) of the Migration Act, as inserted by this Schedule, apply in relation to the disclosure of personal information after commencement, whether the information was collected before or after commencement.
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