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Law Council of Australia


Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020

The submission to the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) regarding its inquiry into the Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 (the Bill) was prepared by the Law Council of Australia. 

The Bill seeks to amend the Migration Act 1958 (Cth) (Migration Act) and the Australian Citizenship Act 2007 (Cth) (Citizenship Act), primarily for the purpose of maintaining a ‘Protected Information Framework’. The Law Council acknowledges the Government’s intention to provide certainty and clarity regarding the protection of sensitive information. Careful consideration is required regarding existing mechanisms that are in place to protect this information.

It appears to the Law Council that the Bill would permit the following types of scenarios:

This is a significant piece of legislation which warrants additional scrutiny and public debate than that which is currently permitted under the inquiry’s short timeframes.

You can read the full submission below.

1 Migration Act 1958 (Cth) s 36B (‘Migration Act’). See, eg, David Povey, ‘Are you accidentally funding terrorism?’ (International Compliance Association, Insight, 1 July 2019); Amy Bainbridge and Erin Handley, ‘Australian loses appeal in Vietnam against ‘terrorism’ charges’ (ABC News, 2 March 2020). See other examples of Australian holidaymakers who have inadvertently run into trouble overseas: Lia Timson and Liam Mannix, ‘Australian trio arrested in Bolivia accused of trying to board flight to Brazil with ‘explosives’’ (Sydney Morning Herald, 21 November 2015) .


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