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ABSTAINED – Bills — Migration Amendment (Removal and Other Measures) Bill 2024; Consideration in Detail

Dan Tehan

I move the amendment circulated in my name:

(1) Schedule 1, item 3, page 9 (after line 15), after section 199E, insert:

199EA Statement about each removal pathway direction

Minister must prepare statement

(1) The Minister must prepare a statement about each removal pathway non-citizen who is given a removal pathway direction.

Note: Statements about 2 or more removal pathway non-citizens could be included in the same document.

Information included in the statement

(2) The statement about the removal pathway non-citizen must include the following:

(a) the non-citizen's country of origin;

(b) the class of visa (if any) held by the non-citizen at the time the removal pathway direction was given;

(c) the number and classes of visas (if any) previously held by the non-citizen;

(d) whether the non-citizen is a serious offender (within the meaning of Division 395 of the Criminal Code) and, if so, any offences for which the non-citizen has been convicted;

(e) whether the non-citizen is, or has been, the subject of a community safety order (within the meaning of that Division) and, if so, the details of that order;

(f) whether, in the absence of compliance with the removal pathway direction, there would be no real prospect of the removal of the non-citizen from Australia under section 198 becoming practicable in the reasonably foreseeable future.

(3) The statement about the removal pathway non-citizen must not include:

(a) the non-citizen's name, date of birth or residential address; or

(b) information that would otherwise reveal the non-citizen's identity; or

(c) information the disclosure of which would, or could reasonably be expected to, cause damage to the security, defence or international relations of the Commonwealth.

Preparation within 7 days and tabling on the next sitting day

(4) The statement about the removal pathway non-citizen must be prepared within the 7-day period starting on the day the removal pathway direction is given.

(5) The Minister must cause a copy of the statement to be tabled in each House of the Parliament on the next sitting day of that House after the end of that 7-day period.

Natural justice hearing rule

(6) The Minister is not required to observe any requirements of the natural justice hearing rule in exercising a power or performing a function under this section.

We need greater transparency when it comes to this piece of legislation. This marathon of incompetence is turning into an ultramarathon of incompetence. We have never seen the like of this: a hopeless and hapless minister with a supervising minister who is equally hopeless and hapless. The Australian people deserve better. They deserve to know what is going on, and that is why we need greater transparency—so that Australians have some idea that the government is at least attempting to do its No. 1 job, which is keeping the Australian people safe.

Milton Dick

The question before the House is that the amendment moved by the honourable member for Wannon be agreed to.


Date and time: 1:50 PM on 2024-03-26
Allegra Spender's vote: Abstained
Total number of "aye" votes: 45
Total number of "no" votes: 84
Total number of abstentions: 21
Related bill: Migration Amendment (Removal and Other Measures) Bill 2024

Adapted from information made available by

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