Expanded visa cancellation ground for concealed biosecurity goods

Policy effect

Expanded discretionary cancellation grounds for specified visitor, student and temporary-work visas to include reasonably suspected contraventions of subsection 186A(1) of the Biosecurity Act 2015 concerning concealed conditionally non-prohibited goods.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… strument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2023L01443 registered 31/10/2023 Schedule 1 Amendments 2 Migration Amendment (Biosecurity Contravention) Regulations 2023 OPC66450 - A Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 2.43(1)(s) After “128(2),”, insert “186A(1),”. 2 In the appropriate position in Schedule 13 Insert: Part 120—Amendment made by the Migration Amendment (Biosecurity Contravention) Regulations 2023 12001 Op … convenient to be prescribed, for carrying out or giving effect to the Migration Act. Subparagraph 116(1)(g) of the Migration Act provides that the Minister may cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder, except if there exists a prescribed circumstance in which a visa cannot be cancelled. The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to expand the grounds for the cancellation of visas where the Minister or a dele … gate reasonably believes that a visa holder has contravened provisions under the Biosecurity Act 2015 (the Biosecurity Act), to include contravention of new subsection 186A(1) of the Biosecurity Act. The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may cause harm to human, animal or plant health or the environment. Contraventions of the Biosecurity Act pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment. Under the Migration Amendment (Biosecurity Contraventions a … nd Importation of Objectionable Goods) Regulations 2019, the cancellation ground under subparagraph 2.43(1)(s) was introduced. This ground gives the decision-maker the power to cancel a specified visa (visitor, student and temporary work visas) where it is reasonably believed that the holder has contravened subsections 126(2), 128(2), 532(1) or 533(1) of the Biosecurity Act. The purpose of this amendment was to strengthen compliance tools available to deter and respond to behaviour that is in contravention of Australia’s biosecurity laws. On 6 December 2022, the Biosecurity Act was amended to … rised Version F2023L01443 registered 31/10/2023 Authorised Version F2023L01443 registered 31/10/2023 Migration Amendment (Biosecurity Contravention) Regulations 2023 1 OPC66450 - A 1 Name This instrument is the Migration Amendment (Biosecurity Contravention) Regulations 2023. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Det … ails 1. The whole of this instrument The day after this instrument is registered. 1 November 2023 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this in …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2023

• 2023-02-14Australia opens permanent Resolution of Status pathway for TPV and SHEV holders
• 2023-07-01Across-the-Board Increase in Visa Application Charges (VACs)
• 2023-09-02Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream
• 2023-10-19Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions
• 2023-11-18Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)
• 2023-11-25Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream
• 2023-12-08Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures
• 2023-12-11Removal of mandatory Workforce Australia advertising for labour market testing