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Bills impacted by Federal Election Set for 18 May 2019

Federal Government confirmed that Australia’s election will be held on 18 May 2019.

As a result, several migration bills have lapsed as a result. 

The following bills are impacted:

Migration Legislation Amendment (Code of Procedure Harmonisation) Bill 2016

Further to the Tribunals Amalgamation Act 2015, the bill amends the: Migration Act 1958 to: harmonise and streamline provisions in relation to the code of procedure for review of decisions by the Migration and Refugee Division (MRD) of the Administrative Appeals Tribunal; clarify the operation of certain provisions relating to the conduct of review; clarify the notification requirements in relation to oral decisions of the MRD; and make technical amendments in relation to the giving of documents and the mechanism for review of decisions by the Immigration Assessment Authority in relation to family groups; and Administrative Appeals Tribunal Act 1975 to make consequential amendments

Migration Amendment (Clarification of Jurisdiction) Bill 2018.

Responds to the Full Federal Court decision in Minister for Immigration and Border Protection v ARJ17 [2017] FCAFC 125 by amending the: Migration Act 1958 to clarify the allocation of jurisdiction between the Federal Circuit Court and the Federal Court in relation to a migration decision; and Administrative Appeals Tribunal Act 1975 to make consequential amendments.

Migration Amendment (Strengthening the Character Test) Bill 2018

Amends the Migration Act 1958 to: amend the character test by providing grounds to consider visa cancellation or refusal where a non-citizen has been convicted of offences involving violence against a person, weapons, breaching of an apprehended violence order (or similar) or non-consensual sexual acts; and make consequential amendments.

Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018

Amends the Australian Citizenship Act 2007 to: remove the requirement that a person be sentenced to 6 or more years of imprisonment for a relevant terrorism offence to be eligible to lose their Australian citizenship; and replace the current requirement that a person is a national or citizen of a country other than Australia at the time the minister makes a determination that the person ceases to be an Australian citizen with the requirement that, if the minister were to determine that the person ceases to be an Australian citizen, the minister is satisfied the person will not become a person who is not a national or citizen of any country.

Timor Sea Maritime Boundaries Treaty Consequential Amendments Bill 2018

Introduced with the Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Bill 2018 to partially implement the Treaty Between Australia and the Democratic Republic of Timor-Leste Establishing Their Maritime Boundaries in the Timor Sea (New York, 6 March 2018), the bill amends 18 Acts to: permanently delimit the continental shelf boundary and the exclusive economic zone boundary between Australia and Timor-Leste; allow for a future adjustment of the lateral continental shelf boundaries subject to specific conditions being met; and establish the Greater Sunrise Special Regime in the Special Regime Area.

It should be noted that any legislation passed prior to the announcement date will not be impacted, including sponsorship provisions relating to family visa streams commencing next week.

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  • Guest
    AJ Aho Monday, 15 April 2019

    The Migration Amendment (Family Violence and Other Measures) Bill will come into effect on 17th April. Is it being put into effect for all sponsors referred to or is it being implemented piece meal? Or, is the position confused at the moment?

  • Ruslan-Ahmadzai
    Ruslan-Ahmadzai Tuesday, 16 April 2019

    There is no official source published by the government at this point in time. Immi account will be down tonight to upgrade the system. We will see the impact of this tomorrow.

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