Commonwealth of Australia Explanatory Memoranda

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HEALTH INSURANCE AMENDMENT (MEDICARE DENTAL SERVICES) BILL 2007

                                                                                                        5047
      2004-2005-2006

      The Parliament of the
      Commonwealth of Australia

      THE SENATE



      Migration Amendment (Visa Integrity) Bill 2006

      (Amendments to be moved by Senator Bartlett on behalf of the Australian Democrats in committee of
      the whole)



(1)   Schedule 2, page 7 (after line 15), after item 7, insert:

      7A After subsection 233(1)
               Insert:
              (1B) Subsection (1A) does not apply to a person who lodges an application for a protection
                   visa, unless that application is frivolous or vexatious or made solely to avoid strict
                   liability.
                                                        [exempting asylum seekers from strict liability]

                    (Amendment 2 is an alternative to amendment 1)

(2)   Schedule 2, item 7, page 7 (lines 8 to 15), TO BE OPPOSED.
                                                            [removal of mandatory sentencing provisions]

(3)   Schedule 2, page 7 (after line 15), after item 7, insert:

      7B Section 233C
               Repeal the section.
                                                            [removal of mandatory sentencing provisions]

(4)   Schedule 4, item 1, page 9 (after line 9), insert:

      1A After subsection 48(3)
               Add:
               (4) To avoid doubt, subsection (3) only applies to a visa application being made within
                   Australia, not to any application made while the person is offshore.
                                                                                          [clarifying intent]




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