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A Bill for an Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes
Administered by: Home Affairs
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 03 Apr 2018
Introduced HR 28 Mar 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018

 

No.      , 2018

 

(Home Affairs)

 

 

 

A Bill for an Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments relating to removal                                                    4

Migration Act 1958                                                                                                     4

Schedule 2—Giving of documents                                                                               6

Migration Act 1958                                                                                                     6

Schedule 3—Recoverable payments                                                                           7

Customs Act 1901                                                                                                        7

Schedule 4—Passenger movement charge                                                              9

Passenger Movement Charge Collection Act 1978                                              9

Schedule 5—Minor amendments                                                                                10

Customs Act 1901                                                                                                      10

 

 


A Bill for an Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Home Affairs Legislation Amendment (Miscellaneous Measures) 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.  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

The day after this Act receives the Royal Assent.

 

3.  Schedule 2

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.

 

4.  Schedule 3

The day after this Act receives the Royal Assent.

 

5.  Schedule 4

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.

 

6.  Schedule 5

The day after this Act receives the Royal Assent.

 

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 1Amendments relating to removal

  

Migration Act 1958

1  Paragraph 42(2A)(ca)

Before “the non‑citizen”, insert “if”.

2  Paragraph 42(2A)(d)

Repeal the paragraph, substitute:

                     (d)  if:

                              (i)  an attempt to remove the non‑citizen under section 198 to another country was made but the removal was not completed; and

                             (ii)  the non‑citizen travels to Australia as a direct result of the removal not being completed; and

                            (iii)  the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen; or

                   (da)  if:

                              (i)  the non‑citizen has been removed under section 198 to another country but the non‑citizen does not enter the other country; and

                             (ii)  the non‑citizen travels to Australia as a direct result of not entering the other country; and

                            (iii)  the non‑citizen is a person who would, if in the migration zone, be an unlawful non‑citizen; or

3  After subsection 48(1A)

Insert:

          (1B)  If:

                     (a)  an attempt was made to remove a non‑citizen from the migration zone under section 198 but the removal was not completed; and

                     (b)  the non‑citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d);

then, for the purposes of this section (which applies only in respect of applications made while a non‑citizen is in the migration zone), the non‑citizen is taken to have been continuously in the migration zone despite the attempted removal.

Note:          Paragraph 42(2A)(d) relates to the travel of a non‑citizen to Australia after an attempt to remove the non‑citizen has been made under section 198.

4  Paragraph 48(2)(b)

Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”.

5  Subsection 48(2) (note)

Repeal the note, substitute:

Note:          Paragraphs 42(2A)(da) and (e) relate to the travel of a non‑citizen to Australia after the non‑citizen has been removed from Australia under section 198.

6  After subsection 48A(1AA)

Insert:

       (1AB)  If:

                     (a)  an attempt was made to remove a non‑citizen from the migration zone under section 198 but the removal was not completed; and

                     (b)  the non‑citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d);

then, for the purposes of this section, the non‑citizen is taken to have been continuously in the migration zone despite the attempted removal.

Note:          Paragraph 42(2A)(d) relates to the travel of a non‑citizen to Australia after an attempt to remove the non‑citizen has been made under section 198.

7  Paragraph 48A(1A)(b)

Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”.

8  Subsection 48A(1A) (note)

Repeal the note, substitute:

Note:          Paragraphs 42(2A)(da) and (e) relate to the travel of a non‑citizen to Australia after the non‑citizen has been removed from Australia under section 198.

Schedule 2Giving of documents

  

Migration Act 1958

1  Subsection 494B(1A)

Omit “methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be,”, substitute “method mentioned in subsection (4), (5) or (5A) to dispatch, transmit or make available”.

2  Subsection 494B(1A) (note)

Omit “or (5)”, substitute “, (5) or (5A)”.

3  After subsection 494B(5)

Insert:

Making document available by way of online account

          (5A)  Another method consists of the Minister making the document available by way of an online account of the recipient established for purposes relating to this Act or the regulations.

4  After subsection 494C(5)

Insert:

Making document available by way of online account

             (6)  If the Minister gives a document to a person by the method in subsection 494B(5A) (which involves making the document available by way of an online account), the person is taken to have received the document at the end of the day on which it is made available.

Schedule 3Recoverable payments

  

Customs Act 1901

1  At the end of subsection 165(3)

Add “or subsection 278(2)”.

2  Paragraph 165(5)(b)

After “subsection (2)”, insert “or subsection 278(2)”.

3  Subsection 165(6)

After “subsection (1) or (2)”, insert “or subsection 278(2)”.

4  Paragraph 273GA(1)(ja)

After “overpaid”, insert “or for payment of an amount that is a debt due to the Commonwealth under subsection 278(2)”.

5  At the end of Part XVII

Add:

278  Recoverable payments

             (1)  If, apart from this subsection, the Commonwealth does not have power under this Act or the regulations to pay an amount (the relevant amount) to a person purportedly as:

                     (a)  a refund or rebate of duty to which the person is entitled to in accordance with section 163; or

                     (b)  a drawback of duty to which the person is entitled to in accordance with regulations made for the purposes of section 168;

then the Commonwealth may pay the relevant amount to the person.

Debt

             (2)  If a payment is made under subsection (1) to the person, the relevant amount is a debt due to the Commonwealth by the person.

Note:          For recovery of the debt, see section 165.

Appropriation

             (3)  The Consolidated Revenue Fund is appropriated for the purposes of making payments under subsection (1).

279  Reports about recoverable payments

             (1)  The Secretary of the Department must cause the following information to be included in the Department’s annual report for a financial year:

                     (a)  the number of payments under subsection 278(1) that APS employees in the Department are aware of that were made during that financial year;

                     (b)  the total amount of the payments referred to in paragraph (a);

                     (c)  the number of payments under subsection 278(1) that APS employees in the Department became aware of during that financial year that were made during an earlier financial year;

                     (d)  the total amount of the payments referred to in paragraph (c);

                     (e)  for each payment referred to in paragraph (c)—the financial year in which the payment was made.

             (2)  Information is not required in the Department’s annual report if no APS employee in the Department is aware of any payments referred to in paragraph (1)(a) or (c).

Schedule 4Passenger movement charge

  

Passenger Movement Charge Collection Act 1978

1  Section 15

Before “The”, insert “(1)”.

2  At the end of section 15

Add:

             (2)  The regulations may make provision for and in relation to the following:

                     (a)  the charging and recovery of fees in respect of:

                              (i)  the payment of charge; or

                             (ii)  the payment of an amount to the Commonwealth under an arrangement under subsection 10(1);

                     (b)  the way in which such fees are to be paid;

                     (c)  the refund of such fees.

3  Transitional provision

Regulations in force under section 15 of the Passenger Movement Charge Collection Act 1978 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force under subsection 15(1) of that Act.

Schedule 5Minor amendments

  

Customs Act 1901

1  Paragraph 58A(4)(a)

Omit “whether or not in the course of a longer journey”, substitute “to an external place, whether or not in the course of a longer journey”.

2  Paragraph 58A(5)(a)

Omit “whether or not the goods are sent on from that place”, substitute “to an external place, whether or not the goods are sent on from that place”.

3  Subsection 208DA(4)

Omit “sold or otherwise disposed of under subsection (2)”, substitute “transferred to the Official Trustee under subsection (2)”.