All changes made to the description and title of this division.

View division | Edit description

Change Division
senate vote 2018-12-06#18

Edited by mackay staff

on 2023-05-26 10:51:27

Title

  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Criminal records
  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - in Committee - Criminal records

Description

  • The majority voted against a [government amendment](https://www.openaustralia.org.au/senate/?gid=2018-12-06.126.5) to [amendments](https://theyvoteforyou.org.au/divisions/senate/2018-12-06/20) moved by South Australian Senator [Tom Storer](https://theyvoteforyou.org.au/people/senate/sa/tim_storer) (Independent) and Tasmanian [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens). This means the government amendment failed.
  • ### Government amendment text
  • > *(1) After proposed subsection 198C(5), insert:*
  • >
  • >> *(5A) An officer must not bring a person to Australia from a regional processing country in accordance with subsections (3) to (5) if the officer knows or reasonably suspects that the person has a substantial criminal record as defined in s 501(7).*
  • ### What does this bill do?
  • According to its [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd112), the purpose of the [Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6069) is to:
  • * *clarify that where the removal of a non-citizen from the migration zone to another country is unsuccessful, a visa is not required to bring the person back to Australia and they remain subject to statutory bars on subsequent visa applications, where applicable (Schedule 1)*
  • * *provide that the Minister may make documents available to a person by way of an online account (Schedule 2)*
  • * *provide that the Commonwealth may appropriate money from the Consolidated Revenue Fund to pay refunds, rebates or drawbacks of customs duty in circumstances where those payments have no other statutory basis (Schedule 3)*
  • * *specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).*
senate vote 2018-12-06#18

Edited by mackay staff

on 2023-05-26 10:17:14

Title

  • Business — Consideration of Legislation
  • Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Criminal records

Description

  • <p class="speaker">Penny Wong</p>
  • <p><i>(In division) </i>Senators are moving whilst a division is being counted. I'd ask them to return to the side of the chamber on which they were. I know they deliberately sat there to waste time. What a travesty! Mr President, they ought not be allowed to move. These Liberal senators deliberately did this.</p>
  • The majority voted against a [government amendment](https://www.openaustralia.org.au/senate/?gid=2018-12-06.126.5) to [amendments](https://theyvoteforyou.org.au/divisions/senate/2018-12-06/20) moved by South Australian Senator [Tom Storer](https://theyvoteforyou.org.au/people/senate/sa/tim_storer) (Independent) and Tasmanian [Nick McKim](https://theyvoteforyou.org.au/people/senate/tasmania/nick_mckim) (Greens). This means the government amendment failed.
  • ### Government amendment text
  • > *(1) After proposed subsection 198C(5), insert:*
  • >
  • >> *(5A) An officer must not bring a person to Australia from a regional processing country in accordance with subsections (3) to (5) if the officer knows or reasonably suspects that the person has a substantial criminal record as defined in s 501(7).*
  • <p class="speaker">Scott Ryan</p>
  • <p>Senator Wong, resume your seat. I had not concluded calling the division and asking senators to take their seats. If people want me to apply that rule strictly, there would have been quite a few people caught out in the last hour and a half. I had not concluded calling that division. Senator Macdonald, on a point of order?</p>
  • <p class="speaker">Ian Macdonald</p>
  • <p>Mr President, again you are making a ruling and the Leader of the Opposition in the Senate is shouting, turning her back to you and doing her normal theatrics. It's just bad manners as well as a breach of the standing orders.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>The standing orders don't have manners in them; that might be an amendment we consider!</p>
  • <p>I will now put the amendments on sheet LX141 moved by the government to the amendments moved by Senator Storer and the Greens.</p>
  • <p class="italic"> <i>Government's circulated amendments&#8212;</i></p>
  • <p class="italic">(1) After proposed subsection 198C(5), insert:</p>
  • <p class="italic">(5A) An officer must not bring a person to Australia from a regional processing country in accordance with subsections (3) to (5) if the officer knows or reasonably suspects that the person has a substantial criminal record as defined in s 501(7).</p>
  • <p>The question is the amendments on sheet LX141 be agreed to.</p>