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Law Council of Australia


Question on notice: Migration Amendment (Strengthening the Character Test) Bill 2019

During the Committee hearing of 19 August 2019 regarding the Bill, the Law Council was asked to provide a list, for all Australian jurisdictions, of the existing offences likely to be covered by the definition of ‘designated offence’ under proposed paragraphs 501(7AA)(a) and (b).

In the timeframe available for response, the Law Council has not been in a position to provide such a list given that this is what will be relied upon if the Bill is passed. It notes that a core difficulty with the Bill is that due to the nonexhaustive, open-ended nature of the definition of ‘designated offence’ it is not clear which offences will be captured. The Law Council is concerned that there may be years of litigation ahead in order for the Federal Courts to establish the outside parameters of these provisions. This broad drafting forms one of the Law Council’s principal concerns about the Bill.

You can read the full submission below.


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