Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018

Administered by Department of Home Affairs

Legislation au C2018A00090 In force Act

Legislation content

 

 

 

 

 

 

Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018

 

No. 90, 2018

 

 

 

 

 

An Act to amend the law relating to migration, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Public disclosure of sanctions

Migration Act 1958

Part 2—Review of decisions relating to certain visas

Migration Act 1958

Part 3—Tax file numbers

Income Tax Assessment Act 1936

Migration Act 1958

Taxation Administration Act 1953

Part 4—Technical amendments

Migration Act 1958

 

 

 

Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018

No. 90, 2018

 

 

 

An Act to amend the law relating to migration, and for related purposes

[Assented to 31 August 2018]

The Parliament of Australia enacts:

1  Short title

  This Act is the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018.

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.  The whole of this Act

A day or days to be fixed by Proclamation.

However, if any of 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.

13 December 2018

(F2018N00174)

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Public disclosure of sanctions

Migration Act 1958

1  At the end of section 140K

Add:

Publishing information about sanctions

 (4) The Minister must, subject to subsection (7), publish the information (including personal information) prescribed by the regulations if an action is taken under this section in relation to an approved sponsor or former approved sponsor who fails to satisfy an applicable sponsorship obligation.

 (5) The Minister is not required to observe any requirements of the natural justice hearing rule in publishing information under subsection (4).

 (6) No civil liability arises from action taken by the Minister in good faith in publishing information under subsection (4).

 (7) The regulations may prescribe circumstances in which the Minister is not required to publish information under subsection (4).

2  At the end of section 140ZH

Add:

Note: The Minister may also publish personal information relating to actions taken under section 140K (sanctions for failing to satisfy sponsorship obligations) (see subsection 140K(4)).

3  Application of amendments

The amendment of section 140K of the Migration Act 1958 made by this Part applies in relation to actions taken under that section on or after 18 March 2015.

Part 2—Review of decisions relating to certain visas

Migration Act 1958

4  Paragraph 338(2)(d)

Repeal the paragraph, substitute:

  (d) if the visa is a temporary visa of a kind (however described) prescribed for the purposes of this paragraph:

 (i) the non‑citizen is, at the time the decision to refuse to grant the visa is made, identified in an approved nomination that has not ceased under the regulations; or

 (ii) a review of a decision under section 140E not to approve the sponsor of the non‑citizen is pending at the time the decision to refuse to grant the visa is made; or

 (iii) a review of a decision under section 140GB not to approve the nomination of the non‑citizen is pending at the time the decision to refuse to grant the visa is made; or

 (iv) except if it is a criterion for the grant of the visa that the non‑citizen is identified in an approved nomination that has not ceased under the regulations—the non‑citizen is, at the time the decision to refuse to grant the visa is made, sponsored by an approved sponsor.

5  Application of amendments

The amendments of section 338 of the Migration Act 1958 made by this Part apply in relation to decisions made after this item commences.

Part 3—Tax file numbers

Income Tax Assessment Act 1936

6  At the end of section 202

Add:

 ; and (t) to facilitate the administration of the Migration Act 1958.

Migration Act 1958

7  Subsection 5(1)

Insert:

tax file number has the meaning given by subsection 995‑1(1) of the Income Tax Assessment Act 1997.

8  After section 506A

Insert:

506B  Tax file numbers

Request for tax file numbers

 (1) The Secretary may request any of the persons mentioned in subsection (2) to provide the tax file number of a person (the relevant person) who is an applicant for, or holder or former holder of, a visa of a kind (however described) prescribed by the regulations.

 (2) For the purposes of subsection (1), the persons are any of the following:

 (a) the applicant, holder or former holder;

 (b) an approved sponsor of the applicant, holder or former holder;

 (c) a former approved sponsor of the applicant, holder or former holder;

 (d) a person who has nominated the applicant or holder in an approved nomination that has not ceased under the regulations;

 (e) a person who nominated the holder or former holder in an approved nomination that has ceased under the regulations.

 (3) A person to whom a request is made under subsection (1) who is lawfully in possession of the tax file number may disclose the tax file number in accordance with the request.

Verification of tax file numbers

 (4) The Secretary may provide the tax file number to the Commissioner of Taxation for the purpose of verifying the tax file number.

 (5) On receiving the tax file number, the Commissioner of Taxation may give the Secretary a written notice in accordance with the following table.

 

Notices of the Commissioner of Taxation

Item

If …

the Commissioner may give the Secretary written notice …

1

the Commissioner is satisfied that the number is correct

informing the Secretary accordingly.

2

(a) the Commissioner is satisfied that the tax file number is not correct; and

(b) the Commissioner is satisfied that the relevant person has a tax file number;

of the correct tax file number.

3

(a) the Commissioner is satisfied that the tax file number is not correct; and

(b) the Commissioner is not satisfied that the relevant person has a tax file number;

informing the Secretary accordingly.

Commissioner of Taxation may provide tax file number

 (6) The Commissioner of Taxation may provide the tax file number of a person to the Secretary if the Secretary advises the Commissioner that the person is a relevant person.

Use, records or disclosures of tax file numbers

 (7) A tax file number provided under this section may be used, recorded or disclosed by an officer for any purposes prescribed by the regulations.

Taxation Administration Act 1953

9  Paragraphs 8WA(1AA)(b) and 8WB(1A)(a) and (b)

Omit “or (s)”, substitute “, (s) or (t)”.

10  Application of amendments

The amendments of the Income Tax Assessment Act 1936, the Migration Act 1958 and the Taxation Administration Act 1953 made by this Part apply in relation to the following:

 (a) any request to quote a person’s tax file number that is made after this item commences;

 (b) any record of a person’s tax file number that is made or maintained, or any use, divulging or communication of a person’s tax file number that occurs, after this item commences.

Part 4—Technical amendments

Migration Act 1958

11  Subparagraph 140K(1)(a)(iv)

Omit “119”, substitute “114”.

12  Subparagraph 140K(1)(a)(v)

Omit “120”, substitute “115”.

13  Subparagraph 140K(2)(a)(iii)

Omit “119”, substitute “114”.

14  Subparagraph 140K(2)(a)(iv)

Omit “120”, substitute “115”.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 16 August 2017

Senate on 19 March 2018]

 

(176/17)

 

Overview

The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 was enacted by the Parliament of Australia to address the need for enhanced integrity measures within the migration system. The Act aims to strengthen the enforcement and oversight of migration laws, particularly concerning the disclosure of sanctions, the review of certain visa decisions, and the management of tax file numbers. It was introduced to ensure that migration laws are effectively implemented and to provide the necessary tools for public disclosure of sanctions against approved sponsors who fail to meet their sponsorship obligations. Additionally, the Act seeks to facilitate the review of visa decisions in cases where sponsor reviews are pending, thereby enhancing the integrity and fairness of the visa approval process. The Act also introduces provisions to enable the Secretary to request and verify tax file numbers from relevant persons, including applicants, holders, former holders of visas, and their sponsors or nominators. This measure aims to streamline the administration of migration laws and improve the accuracy of tax-related information. The amendments apply to actions taken and decisions made after the Act's commencement, ensuring a consistent application of the enhanced integrity measures across the migration system.

Scope and Application

The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018, which received Royal Assent on 31 August 2018, amends several pieces of legislation to enhance the integrity of Australia's migration system. The Act applies to various persons and entities involved in migration processes, including approved sponsors, applicants, and holders or former holders of visas. It also extends to the administration of the Migration Act 1958, the Income Tax Assessment Act 1936, and the Taxation Administration Act 1953. The amendments introduced by the Act have a national jurisdictional reach, impacting the Commonwealth of Australia. There are no stated exclusions or exemptions within the Act itself, though the regulations may prescribe circumstances where certain information is not to be published. The application of the amendments is subject to the commencement provisions outlined in the Act, with specific provisions detailing the dates on which they take effect. Additionally, the Act extends its application through subordinate instruments, particularly through the regulations which may detail specific circumstances or requirements.

Key Provisions

The Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 (C2018A00090) amends several key pieces of Australian legislation, including the Migration Act 1958, the Income Tax Assessment Act 1936, and the Taxation Administration Act 1953, among others. The Act introduces several significant changes designed to enhance the integrity of Australia's migration and taxation systems. Firstly, under the amendments to the Migration Act 1958, the Minister is required to publish information, including personal information, if an action is taken against an approved sponsor or former approved sponsor who fails to satisfy a sponsorship obligation (section 140K). The Minister is not required to observe any natural justice requirements in publishing such information and is protected from civil liability for actions taken in good faith (section 140K(4)-(7)). Additionally, the Act modifies the review provisions for certain visa decisions, particularly for temporary visas, by introducing new conditions under section 338(2)(d) (section 338). In relation to taxation, the Act amends the Income Tax Assessment Act 1936 to allow the Secretary to request tax file numbers from various parties, including applicants, holders, or former holders of certain visas, approved or former sponsors, and nominators (section 202). It also introduces new provisions allowing the Secretary to request tax file numbers to facilitate the administration of the Migration Act 1958 (section 202(t)). The Act further amends the Migration Act 1958 to clarify the definition of "tax file number" and allows for the verification of these numbers through the Commissioner of Taxation (sections 5 and 506B). The Taxation Administration Act 1953 is also amended to include tax file numbers in the list of information that may be provided to the Secretary (sections 8WA(1AA)(b) and 8WB(1A)(a) and (b)). The Act imposes obligations on the Minister and the Secretary to publish and request personal information as necessary for compliance and enforcement purposes. It also sets out the conditions under which the Commissioner of Taxation may provide or verify tax file numbers. The Act introduces several technical amendments to correct references within the Migration Act 1958. In terms of consequences, the Act does not explicitly detail criminal or civil penalties for non-compliance. However, the integrity and enforcement mechanisms introduced suggest that any failure to comply with the Act's requirements could lead to administrative actions, including the potential for sanctions against sponsors or refusal of visa applications.

Legal classification tags

Area of Law
Immigration & Refugee Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.