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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Family Violence
and Other Measures) Bill 2016
No. , 2016
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Sponsored family visas
3
Part 1--Amendments
3
Migration Act 1958
3
Part 2--Transitional and application provisions
14
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment (Family
5
Violence and Other Measures) Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
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.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
3
Schedule 1--Sponsored family visas
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 5(1)
4
Insert:
5
approved family sponsor means a person:
6
(a) who has been approved under section 140E as a family
7
sponsor in relation to a class prescribed by the regulations for
8
the purpose of subsection 140E(2); and
9
(b) whose approval has not been cancelled under section 140M,
10
or otherwise ceased to have effect under section 140G, in
11
relation to that class.
12
approved work sponsor means:
13
(a) a person:
14
(i) who has been approved under section 140E as a work
15
sponsor in relation to a class prescribed by the
16
regulations for the purpose of subsection 140E(2); and
17
(ii) whose approval has not been cancelled under
18
section 140M, or otherwise ceased to have effect under
19
section 140G, in relation to that class; or
20
(b) a person (other than a Minister) who is a party to a work
21
agreement.
22
Note:
A partnership or an unincorporated association may be an approved
23
work sponsor: see subsections 140ZB(1) and 140ZE(1) respectively.
24
2 Subsection 5(1) (definition of approved sponsor)
25
Repeal the definition, substitute:
26
approved sponsor means:
27
(a) an approved family sponsor; or
28
(b) an approved work sponsor.
29
Schedule 1 Sponsored family visas
Part 1 Amendments
4
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
3 Section 140AA (heading)
1
Repeal the heading, substitute:
2
140AA Purposes of this Division
3
4 Section 140AA
4
Before "The purposes", insert "(1)".
5
5 Section 140AA
6
After "of this Division", insert ", to the extent it applies in relation to
7
the temporary sponsored work visa program,".
8
6 Paragraph 140AA(a)
9
Omit "a temporary sponsored work visa program", substitute "the
10
program".
11
7 Subparagraph 140AA(b)(ii)
12
Omit "temporary sponsored work visa".
13
8 Paragraph 140AA(d)
14
Before "sponsors", insert "work".
15
9 At the end of section 140AA
16
Add:
17
(2) The purposes of this Division, to the extent it applies in relation to
18
the sponsored family visa program, are:
19
(a) to strengthen the integrity of the program; and
20
(b) to place greater emphasis on the assessment of persons as
21
family sponsors; and
22
(c) to improve the management of family violence in the
23
delivery of the program.
24
(3) The purposes referred to in subsection (2) are to be achieved by
25
establishing a framework that:
26
(a) requires the approval of persons as family sponsors before
27
any relevant visa applications are made; and
28
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
5
(b) imposes obligations on persons who are or were approved
1
family sponsors; and
2
(c) provides for sanctions if such obligations are not satisfied;
3
and
4
(d) facilitates the sharing of personal information in accordance
5
with this Division.
6
10 Subdivision B of Division 3A of Part 2 (heading)
7
Repeal the heading, substitute:
8
Subdivision B--Approval of sponsors
9
11 Section 140E (heading)
10
Repeal the heading, substitute:
11
140E Minister to approve work and family sponsors
12
12 Subsection 140E(1)
13
Before "sponsor in", insert "work".
14
13 Subsection 140E(1) (note)
15
Repeal the note, substitute:
16
Note:
A person (other than a Minister) who is a party to a work agreement is
17
an approved work sponsor and does not need to be approved as a work
18
sponsor under this section (see paragraph (b) of the definition of
19
approved work sponsor).
20
14 Before subsection 140E(2)
21
Insert:
22
(1A) The Minister must approve a person as a family sponsor in relation
23
to one or more classes prescribed for the purpose of subsection (2)
24
if prescribed criteria are satisfied.
25
15 Subsection 140E(2)
26
Before "sponsor", insert "work sponsor or family".
27
Schedule 1 Sponsored family visas
Part 1 Amendments
6
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
16 Paragraphs 140E(3)(b) and (c)
1
Before "sponsor", insert "work sponsor or family".
2
17 Section 140F (heading)
3
Repeal the heading, substitute:
4
140F Approval process
5
18 Subsections 140F(1) and (2)
6
Before "sponsor", insert "work sponsor or family".
7
19 Section 140G (heading)
8
Repeal the heading, substitute:
9
140G Terms of approval
10
20 Subsections 140G(1) and (4)
11
Before "sponsor", insert "work sponsor or family".
12
21 Section 140GA (heading)
13
Repeal the heading, substitute:
14
140GA Variation of terms of approval
15
22 Subsections 140GA(1) and (3)
16
Before "sponsor", insert "work sponsor or family".
17
23 After section 140GA
18
Insert:
19
Subdivision BA--Approval of nominations made by approved
20
work sponsors
21
24 Subsections 140GB(1), (2) and (3)
22
After "approved", insert "work".
23
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
7
25 Paragraph 140GB(4)(b)
1
Before "sponsor", insert "work".
2
26 Subsections 140GBA(1), (3), (5), (6) and (6A)
3
After "approved" (wherever occurring), insert "work".
4
27 Subsection 140GBA(7) (definition of eligible temporary
5
visa holder)
6
After "approved" (wherever occurring), insert "work".
7
28 Subsection 140GBB(1)
8
After "approved", insert "work".
9
29 Subsection 140GBB(2)
10
Omit "a sponsor", substitute "an approved work sponsor".
11
30 Subsections 140GBB(4) and 140GBC(1), (2) and (3)
12
After "approved", insert "work".
13
31 Section 140GC (note)
14
After "approved", insert "work".
15
32 Paragraph 140H(6)(b)
16
Before "sponsor", insert "work sponsor or family".
17
33 Subsection 140HA(1)
18
After "following matters", insert "to the extent they relate to a person
19
who is or was an approved work sponsor".
20
34 Paragraph 140HA(1)(e)
21
Omit "an approved sponsor, a former approved sponsor", substitute "the
22
person".
23
35 Paragraph 140HA(1)(g)
24
Omit "an approved sponsor", substitute "the person".
25
Schedule 1 Sponsored family visas
Part 1 Amendments
8
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
36 Paragraphs 140HA(1)(h) and (i)
1
Omit "an approved sponsor or former approved sponsor", substitute
2
"the person".
3
37 Paragraphs 140HA(2)(a) and (b)
4
After "approved" (wherever occurring), insert "work".
5
38 After subsection 140HA(2)
6
Insert:
7
(2A) Subject to subsection (2B), the Minister must take all reasonable
8
steps to ensure that regulations made under section 504 for the
9
purposes of subsection 140H(1) include obligations in relation to
10
the following matters to the extent they relate to a person who is or
11
was an approved family sponsor:
12
(a) complying with prescribed requirements to keep information
13
and provide information to the Minister;
14
(b) notifying the Minister of prescribed changes in the
15
circumstances of the person, a visa holder or a former visa
16
holder.
17
(2B) For any particular matter mentioned in subsection (2A), the
18
Minister must take all reasonable steps to ensure that the
19
obligations in the relevant regulations apply in relation to:
20
(a) all approved family sponsors or former approved family
21
sponsors; or
22
(b) a specified class (or classes) of approved family sponsors or
23
former approved family sponsors.
24
39 Subsection 140HA(3)
25
Omit "Subsection (1) does", substitute "Subsections (1) and (2A) do"
26
40 Subsections 140J(1) and (3)
27
After "approved" (wherever occurring), insert "work".
28
41 Subparagraph 140K(1)(a)(ii)
29
Before "sponsor", insert "work sponsor or family".
30
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
9
42 Subparagraph 140K(1)(a)(iv)
1
Omit "section 119", substitute "section 114".
2
Note:
This item fixes an incorrect cross-reference.
3
43 Subparagraph 140K(1)(a)(v)
4
Omit "section 120", substitute "section 115".
5
Note:
This item fixes an incorrect cross-reference.
6
44 Subparagraph 140K(2)(a)(i)
7
After "approval", insert "as a work sponsor or family sponsor".
8
45 Subparagraph 140K(2)(a)(iii)
9
Omit "section 119", substitute "section 114".
10
Note:
This item fixes an incorrect cross-reference.
11
46 Subparagraph 140K(2)(a)(iv)
12
Omit "section 120", substitute "section 115".
13
Note:
This item fixes an incorrect cross-reference.
14
47 Subparagraph 140K(3)(a)(i)
15
Omit "a sponsor", substitute "an approved sponsor".
16
48 Subparagraph 140K(3)(a)(ii)
17
Before "sponsor", insert "work sponsor or family".
18
49 Paragraph 140L(3)(b)
19
Before "sponsor", insert "work sponsor or family".
20
50 Paragraphs 140M(1)(a) and (b)
21
Omit "as a sponsor", substitute "as a work sponsor or family sponsor".
22
51 Paragraph 140M(1)(c)
23
After "approvals", insert "as a work sponsor or family sponsor".
24
52 Paragraph 140M(1)(d)
25
Before "sponsor in", insert "work sponsor or family".
26
Schedule 1 Sponsored family visas
Part 1 Amendments
10
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
53 Subsection 140M(2)
1
Before "sponsor in", insert "work sponsor or family".
2
54 Section 140N (heading)
3
Repeal the heading, substitute:
4
140N Process for cancelling approval or barring approved sponsor
5
55 Subsections 140N(1) and (3)
6
Before "sponsor", insert "work sponsor or family".
7
56 Paragraphs 140O(4)(b) and 140P(2)(b)
8
Before "sponsor", insert "work sponsor or family".
9
57 Subsection 140S(1)
10
After "approved", insert "work".
11
58 Paragraph 140X(a)
12
After "complied with", insert "by a person who is or was an approved
13
work sponsor".
14
59 Paragraph 140X(aa)
15
Omit "required under subsection 140H(1) to satisfy a sponsorship
16
obligation", substitute "or was an approved work sponsor".
17
60 Subsection 140ZH(1)
18
Repeal the subsection, substitute:
19
Personal information about approved work sponsors etc.
20
(1) The Minister may disclose personal information of a prescribed
21
kind about a person mentioned in column 2 of an item of the
22
following table to a person or body mentioned in column 3 of the
23
item:
24
25
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
11
Disclosure of personal information
Column 1
Column 2
Column 3
Item
If the personal
information is about ...
then, the Minister may disclose
that personal information to the
following ...
1
a person who is a holder
of, or former holder of, a
visa of a prescribed kind
(however described)
(a) an approved work sponsor of
the person;
(b) a former approved work
sponsor of the person;
(c) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
2
an approved work sponsor
of, or former approved
work sponsor of, a person
mentioned in item 1 of this
table
(a) the person;
(b) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
Personal information about approved family sponsors etc.
1
(1A) The Minister may disclose personal information of a prescribed
2
kind about a person mentioned in column 2 of an item of the
3
following table to a person or body mentioned in column 3 of the
4
item:
5
6
Disclosure of personal information
Column 1
Column 2
Column 3
Item
If the personal
information is about ...
then, the Minister may disclose
that personal information to the
following ...
1
a person who proposes to
apply for a visa of a
prescribed kind (however
described)
(a) an applicant for approval as a
family sponsor in relation to the
person;
(b) an approved family sponsor of
the person;
(c) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
Schedule 1 Sponsored family visas
Part 1 Amendments
12
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
Disclosure of personal information
Column 1
Column 2
Column 3
Item
If the personal
information is about ...
then, the Minister may disclose
that personal information to the
following ...
regulations
2
a person who is an
applicant for, or a holder or
former holder of, a visa of
a prescribed kind (however
described)
(a) an approved family sponsor of
the person;
(b) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
3
an applicant for approval
as a family sponsor
(a) a person who proposes to apply
for a visa if the applicant is
approved as a family sponsor;
(b) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
4
an approved family
sponsor of a person
mentioned in item 1 or 2 of
this table
(a) the person;
(b) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
5
a former approved family
sponsor of a person who is
an applicant for, or a
holder of, a visa of a
prescribed kind (however
described)
(a) the person;
(b) an agency of the
Commonwealth, or of a State or
Territory, prescribed by the
regulations
Regulations may prescribe circumstances for disclosure etc.
1
61 At the end of subsections 140ZH(2) and (3)
2
Add "under subsection (1) or (1A)".
3
62 Before subsection 140ZH(4)
4
Insert:
5
Sponsored family visas Schedule 1
Amendments Part 1
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
13
Notice of disclosure
1
63 Subsection 140ZH(4)
2
After "subsection (1)", insert "or (1A)".
3
64 Subsection 140ZJ(1)
4
After "approved", insert "work".
5
65 Section 245AQ (definition of sponsor class)
6
Omit "of sponsor", insert "of work sponsor or family sponsor".
7
66 Section 245AQ (paragraphs (a) and (b) of the definition of
8
sponsorship-related event)
9
Before "sponsor under", insert "work sponsor or family".
10
Schedule 1 Sponsored family visas
Part 2 Transitional and application provisions
14
Migration Amendment (Family Violence and Other Measures) Bill
2016
No. , 2016
Part 2--Transitional and application provisions
1
67 Definitions
2
In this Part:
3
commencement means the commencement of this item.
4
Migration Act means the Migration Act 1958.
5
68 Existing approvals of sponsors
6
(1)
This item applies if:
7
(a) a person was approved as a sponsor under section 140E of
8
the Migration Act before commencement; and
9
(b) immediately before commencement, the approval is in effect.
10
(2)
The person's approval continues to have effect (and may be dealt with),
11
after commencement, as if it were an approval of the person as a work
12
sponsor under section 140E of the Migration Act, as amended by this
13
Schedule.
14
(3)
Despite the amendments of sections 140G and 140GA of the Migration
15
Act made by this Schedule, a term of the person's approval:
16
(a) continues to have effect after commencement; and
17
(b) may be varied after commencement in accordance with
18
section 140GA of that Act, as amended by this Schedule.
19
69 Continuation of bars placed on persons
20
(1)
This item applies if:
21
(a) before commencement, a person was barred, under
22
section 140M of the Migration Act, from doing a thing for a
23
particular period; and
24
(b) immediately before commencement, that period has not
25
ended.
26
(2)
Despite the amendments of sections 140K, 140L and 140M of the
27
Migration Act made by this Schedule, the bar:
28
(a) continues to have effect after commencement; and
29
Sponsored family visas Schedule 1
Transitional and application provisions Part 2
No. , 2016
Migration Amendment (Family Violence and Other Measures) Bill
2016
15
(b) may be waived after commencement in accordance with
1
sections 140O and 140P of that Act, as amended by this
2
Schedule.
3
70 Application
--subsections 140ZH(1) and (1A) of the
4
Migration Act
5
Subsections 140ZH(1) and (1A) of the Migration Act, as inserted by
6
this Schedule, apply in relation to the disclosure of personal information
7
after commencement, whether the information was collected before or
8
after commencement.
9