Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023

Andrew Giles

I move:

That the amendments be agreed to.

The Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023 proposes important amendments to the Migration Act that complement and reinforce amendments passed by the parliament on 18 October 2023.

On 8 November, in the NZYQ case, the High Court determined that NZYQ's detention was unlawful 'by reason of there having been and continuing to be no real prospect of the removal of the plaintiff from Australia in the reasonably foreseeable future'. As the Attorney-General has made clear in his statement:

In NZYQ, the High Court made a decision that did not only apply to the plaintiff in that matter. Rather, the Court set a new limit on the Parliament's power to make laws requiring or authorising the detention of any non-citizen who is relevantly in the same position as the plaintiff … As a result of the High Court's decision, the continued detention of any NZYQ-affected person would be unlawful.'

This is the reality of the High Court's decision. The government did not choose to be in this position.

Opposition Members

Opposition members interjecting—

Milton Dick

Order! Members on my left will cease interjecting.

Andrew Giles

This situation was imposed on us and this parliament by the High Court. Nonetheless, since the High Court's decision, we have taken swift action to deal with the court's requirement to release detainees. From the outset, we imposed strict visa conditions on the cohort, including strict reporting requirements. On 16 November we strengthened this, with the support of the coalition, to ensure that detainees are subject to electronic monitoring devices and curfews, and today, amongst other significant changes, we are legislating to provide for a new preventive detention regime. This robust preventive detention and community safety order regime is modelled on the existing high-risk terrorist laws enacted under the former government. The intent of this scheme is to capture those individuals who pose an unacceptable risk of harm in the community through committing a serious violent or sexual offence. The preventive detention regime would allow for the court to detain the worst of the worst offenders. To be clear, it would not capture all of the detainees released since the High Court decision.

This considered, measured and responsible legislation will see individuals redetained—

Milton Dick

The member for Bowman will cease interjecting.

Andrew Giles

where a court is satisfied that the person poses an unacceptable risk of committing a serious violent or sexual offence. My department has already commenced work in preparing the stages to go to applications for court orders for serious offenders. We will do so in a considered way to ensure that the applications are effective and that they are robust. And I want to make clear the very important role that states and territories will have in sharing with us the information we need to ensure that these applications have the greatest chance of success, something I'm sure all members of this parliament would wish to see.

I want to conclude by making clear that community safety is and will be our utmost priority. I want to thank the Australian Federal Police and the Australian Border Force for their hard work, alongside state and territory authorities, to keep Australians safe. Through Operation AEGIS, we are working day and night to keep the community safe. These strong laws will assist us in taking further necessary steps to protect the Australian community. I commend the bill as amended to the House.

Tony Burke

I move:

That the question be now put.

Dan Tehan

Oh, gutless, gutless! You don't even want to debate it.

Milton Dick

The member for Wannon will resume his seat.

Opposition members interjecting—

Order! Members on my left will cease interjecting immediately. The question is that the question be put.