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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Australia's
Engagement in the Pacific and Other
Measures) Bill 2023
No. , 2023
(Home Affairs)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2023
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Migration Act 1958
3
No. , 2023
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
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 is the
Migration Amendment (Australia's Engagement in
5
the Pacific and Other Measures) Act 2023
.
6
2 Commencement
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(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 (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
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.
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.
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3 Schedules
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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.
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Amendments
Schedule 1
No. , 2023
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
3
Schedule 1--Amendments
1
2
Migration Act 1958
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1 Subsection 5(1)
4
Insert:
5
visa pre-application process charge
means charge imposed by the
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Migration (Visa Pre-application Process) Charge Act 2023
.
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2 After subsection 46(4)
8
Insert:
9
(4A) Without limiting subsection (3) and paragraph (4)(a), the
10
regulations may prescribe, as a circumstance that must exist for an
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application for a visa of a specified class to be a valid application,
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that the applicant was selected in accordance with the applicable
13
visa pre-application process conducted under subsection 46C(1).
14
3 After section 46B
15
Insert:
16
46C Visa pre-application process
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(1) The Minister may arrange for a visa pre-application process to be
18
conducted in relation to one or more visas if regulations are in
19
force prescribing criteria mentioned in subsection 46(4A) for those
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visas.
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Characteristics of a visa pre-application process
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(2) A visa pre-application process must involve:
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(a) the registration of persons as registered participants in the
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process, so long as those persons meet the eligibility
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requirements set out in a subsection (14) determination that
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relates to the process; and
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(b) registered participants being selected at random.
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Note 1:
This means that:
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Schedule 1
Amendments
4
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
No. , 2023
(a) there will be a pool of registered participants in a visa
1
pre-application process; and
2
(b) registered participants will be selected at random from that pool.
3
Note 2:
See also subsection (21), which deals with eligibility requirements.
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(3) A visa pre-application process must involve:
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(a) a finite period (the
finite registration open period
) during
6
which the process is to be open for registration; or
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(b) an indefinite period (the
indefinite registration open period
)
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during which the process is to be open for registration.
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(4) If a visa pre-application process involves a finite registration open
10
period, this Act does not prevent the finite registration open period
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from being extended for a further period or further periods.
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(5) A visa pre-application process must involve:
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(a) a finite period (the
finite selection open period
) during which
14
the selection of registered participants may take place; or
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(b) an indefinite period (the
indefinite selection open period
)
16
during which the selection of registered participants may take
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place.
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(6) If a visa pre-application process involves a finite selection open
19
period:
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(a) this Act does not prevent the finite selection open period
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from being extended for a further period or further periods;
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and
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(b) the selection of registered participants may take place on one
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or more occasions during the finite selection open period.
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(7) If a visa pre-application process involves an indefinite selection
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open period, the selection of registered participants may take place
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on one or more occasions during the indefinite selection open
28
period.
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(8) If:
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(a) a person is a registered participant in a visa pre-application
31
process; and
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(b) the person is selected in accordance with the process;
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the person ceases to be a registered participant in the process.
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Amendments
Schedule 1
No. , 2023
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
5
(9) If:
1
(a) a visa pre-application process relates to one or more visas;
2
and
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(b) the visa pre-application process involves a finite registration
4
open period; and
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(c) the finite registration open period ends;
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this Act does not prevent a fresh visa pre-application process from
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being conducted in relation to any or all of those visas.
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(10) This Act does not prevent 2 or more visa pre-application processes
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from being conducted in relation to one or more visas.
10
Note:
This means that visa pre-application processes can be conducted
11
concurrently.
12
Use of a computer program
13
(11) A visa pre-application process, or a part of a visa pre-application
14
process, may be conducted by the use of a computer program under
15
the Minister's control.
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(12) Subsection (11) does not limit subsection (1).
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Ministerial determination
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(13) A visa pre-application process must not be conducted under
19
subsection (1) unless a determination is in force under
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subsection (14) in relation to the conduct of the visa
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pre-application process.
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(14) The Minister may, by legislative instrument, determine rules that
23
apply in relation to the conduct of a specified visa pre-application
24
process under subsection (1).
25
Note:
For specification by class, see subsection 13(3) of the
Legislation Act
26
2003
.
27
(15) A determination under subsection (14):
28
(a) must deal with eligibility requirements for the registration of
29
a person as a registered participant in a visa pre-application
30
process; and
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(b) may deal with any or all of the following matters:
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Schedule 1
Amendments
6
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
No. , 2023
(i) the registration of persons as registered participants in a
1
visa pre-application process;
2
(ii) the manner in which a person may register as a
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registered participant in a visa pre-application process;
4
(iii) information to be provided by a person when registering
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as a registered participant in a visa pre-application
6
process;
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(iv) whether a visa pre-application process must involve a
8
finite registration open period and, if so, the duration of
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that period;
10
(v) if a visa pre-application process involves a finite
11
registration open period--the extension of that period;
12
(vi) whether a visa pre-application process must involve an
13
indefinite registration open period;
14
(vii) whether a visa pre-application process must involve a
15
finite selection open period and, if so, the duration of
16
that period;
17
(viii) if a visa pre-application process involves a finite
18
selection open period--the extension of that period;
19
(ix) whether a visa pre-application process must involve an
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indefinite selection open period;
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(x) the withdrawal of a person's registration as a registered
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participant in a visa pre-application process;
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(xi) the circumstances in which, or the time when, the
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registration of a person as a registered participant in a
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visa pre-application process lapses;
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(xii) the selection of registered participants in a visa
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pre-application process.
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(16) Subsection (15) does not limit subsection (14).
29
(17) A determination under subsection (14) may provide for different
30
rules for different visa pre-application processes.
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(18) A determination under subsection (14) may provide for different
32
rules for different classes of persons.
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(19) Subsections (17) and (18) of this section do not limit
34
subsection 33(3A) of the
Acts Interpretation Act 1901
.
35
Amendments
Schedule 1
No. , 2023
Migration Amendment (Australia's Engagement in the Pacific and
Other Measures) Bill 2023
7
(20) Despite regulations made for the purposes of paragraph 44(2)(b) of
1
the
Legislation Act 2003
, section 42 (disallowance) of that Act
2
applies to a determination under subsection (14) of this section.
3
Eligibility requirements
4
(21) The following provisions have effect:
5
(a) subsections 46(3) and (4) do not, by implication, limit what
6
may be an eligibility requirement for the registration of a
7
person as a registered participant in a visa pre-application
8
process;
9
(b) the eligibility requirements for the registration of a person as
10
a registered participant in a visa pre-application process may
11
be different from the criteria and requirements prescribed for
12
the purposes of subsection 46(3) or (4);
13
(c) an eligibility requirement for the registration of a person as a
14
registered participant in a visa pre-application process must
15
be objective.
16
Visa pre-application process charge
17
(22) If visa pre-application process charge is payable in respect of the
18
registration of a person as a registered participant in a visa
19
pre-application process, the charge is to be paid at the time of
20
registration. If the charge is not paid at that time, the person is
21
taken never to have been registered as a registered participant in
22
the visa pre-application process.
23
(23) The regulations may:
24
(a) make provision for the remission, refund or waiver of visa
25
pre-application process charge in specified circumstances; or
26
(b) make provision for exemptions from visa pre-application
27
process charge.
28
Extra-territorial application
29
(24) This section extends to acts, omissions, matters and things outside
30
Australia.
31