Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendment of the Migration Act 1958
1 Subsection 5(1)
Insert:
"ASIO" means the Australian Security Intelligence Organisation.
"ASIO Act" means the Australian Security Intelligence Organisation Act 1979 .
"assessment" , in relation to ASIO, has the same meaning as in subsection 35(1) of the ASIO Act.
2 Subsection 33(10)
Before "and H", insert ", FB".
3 Before paragraph 118(d)
Insert:
(cc) section 134B (emergency cancellation on security grounds); or
4 Before Subdivision G of Division 3 of Part 2
Insert:
Subdivision FB -- Emergency cancellation on security grounds
The rules of natural justice do not apply to a decision made under this Subdivision.
134B Emergency cancellation on security grounds
The Minister must cancel a visa held by a person if:
(a) there is an assessment made by ASIO for the purposes of this section; and
(b) the assessment contains advice that ASIO suspects that the person might be, directly or indirectly, a risk to security (within the meaning of section 4 of the ASIO Act); and
(c) the assessment contains a recommendation that all visas held by the person be cancelled under this section; and
(d) the person is outside Australia.
134C Decision about revocation of emergency cancellation
Application of section
(1) This section applies to a visa that is cancelled under section 134B.
First ground to revoke cancellation
(2) The Minister must revoke the cancellation of the visa as soon as reasonably practicable after the end of the period referred to in subsection (5).
(3) However, the Minister must not revoke the cancellation under subsection (2) if:
(a) there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and
(b) the assessment contains advice that the former holder of the visa is, directly or indirectly, a risk to security (within the meaning of section 4 of the ASIO Act); and
(c) the assessment contains a recommendation that the cancellation not be revoked under subsection (2).
Second ground to revoke cancellation
(4) If:
(a) there is an assessment made by ASIO for the purposes of this section before the end of the period referred to in subsection (5); and
(b) the assessment contains a recommendation that the cancellation of the visa be revoked under this subsection;
then the Minister must revoke the cancellation as soon as reasonably practicable after the assessment is made.
Period
(5) For the purposes of subsections (2), (3) and (4), the period is the period that:
(a) starts at the beginning of the day (the cancellation day ) the visa is cancelled; and
(b) ends at the end of the 28th day after the cancellation day.
134D Effect of revocation of cancellation
(1) If the cancellation of a visa is revoked under section 134C, then, without limiting its operation before cancellation, it has effect as if it were granted on the revocation.
(2) However, the Minister may vary:
(a) the time the visa is to be in effect; or
(b) any period in which, or date until which, the visa permits its holder to travel to, enter and remain in Australia, or to remain in Australia.
(1) If:
(a) the Minister decides under section 134B to cancel a visa; and
(b) the Minister decides under subsection 134C(3) not to revoke the cancellation;
then the Minister must give the former holder of the visa notice of the cancellation.
(2) The notice must be given:
(a) if the assessment made by ASIO for the purposes of section 134C contains an advice that it is essential to the security of the nation that a notice is not given to the person under this section--as soon as reasonably practicable after ASIO advises the Minister, in writing, that it is no longer essential to the security of the nation for the notice not to be given; and
(b) otherwise--as soon as reasonably practicable after the Minister decides under subsection 134C(3) not to revoke the cancellation.
(3) The notice must:
(a) state that the visa was cancelled under section 134B; and
(b) be given to the person in the prescribed way.
(4) Failure to give the notice does not affect the validity of either:
(a) the decision under section 134B to cancel the visa; or
(b) the decision under subsection 134C(3) not to revoke the cancellation.
134F Effect of cancellation on other visas
(1) This section applies if:
(a) a visa held by a person (the relevant person ) is cancelled under section 134B; and
(b) the Minister decides under subsection 134C(3) not to revoke the cancellation; and
(c) the Minister has given a notice to the relevant person under section 134E about the cancellation.
(2) If another person holds a visa only because the relevant person held a visa, then the Minister may, without notice to the other person, cancel the other person's visa.
Division 2--Application of amendments made by Part 1
5 Application of amendments made by Part 1
The amendments made by Part 1 of this Schedule apply in relation to visas granted before, on or after that commencement.
Part 2 -- Amendment of the Australian Security Intelligence Organisation Act 1979
6 Section 36
Before "This Part", insert "(1)".
7 At the end of section 36
Add:
(2) Despite paragraph (1)(b), this Part applies to a security assessment in respect of a person if:
(a) the person was the holder of a valid permanent visa; and
(b) the visa was cancelled under section 134B of the Migration Act 1958 ; and
(c) the security assessment is made for the purposes of section 134C of that Act in relation to that cancellation.
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