This bill became law on Jun 23rd, 2023.
Immigration, border & security
Visa cancellation notices must now be given in writing and sent using the method set by migration regulationsThe regulations that let officials set the exact method for giving some migration documents. The bill shifts more of the notice process into these prescribed methods., making the process more consistent for people affected.
Inconsistent visa cancellation notice rules and technical disputes over delivery, plus a bar on some dual nationals applying for protection visas, created unfairness and delay. The bill requires written cancellation notices sent by prescribed methods, treats minor document errors as valid if rights are not harmed, and removes that application bar.
Before 2023, the Migration ActThe main law this bill amends. On this page, it is the statute that sets the rules for visa notices, cancellations, and protection visa applications. used uneven rules for giving cancellation notices, tolerated different delivery methods across provisions and barred some dual nationals from making valid protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications, which led to technical disputes, uncertainty and administrative delay even when people actually received documents. The bill responded by standardising written notice requirements, preserving documents with minor delivery or content errors where rights were not substantially harmed, and removing that protection-visa bar, before Parliament passed it and it received Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law. in June 2023.
Critics said the bill risked making migration notice mistakes easier to overlook, which could weaken practical notice and review rightsA formal review of the decision itself, not just whether the process was followed. The page says review time can depend on when the person receives notice. if defective cancellation or other notices still counted as legally effective. That concern was raised most strongly by the Greens about schedule 1, while the Coalition's objections were narrower and focused mainly on schedule 2 removing ministerial discretion and possibly creating extra legal challenges.
Hon Andrew Giles MP introduced this bill. In the recorded House second-reading vote, support came from Labor, Greens, Centre Alliance, some crossbench members; opposition came from Liberal Party, Nationals, some crossbench members.
Did it become law?
Yes
Became law 23 June 2023
Final passage
No counted final vote
3 recorded votes on the bill were found earlier in passage, but the final chamber agreement was not a counted division.
Passage speed
30 days
From introduction to the latest recorded parliamentary step
Meaning
Visa cancellation notices must now be given in writing and sent using the method set by migration regulationsThe regulations that let officials set the exact method for giving some migration documents. The bill shifts more of the notice process into these prescribed methods., making the process more consistent for people affected.
A visa cancellation under section 109The visa-cancellation rule discussed on the page. The bill says a cancellation under this section can still be valid even if the notice had defects. stays legally valid even if the notice is defective, although the person’s review rightsA formal review of the decision itself, not just whether the process was followed. The page says review time can depend on when the person receives notice. still depend on when they receive notice.
Migration documents can still count as properly given if officials make a delivery mistake but the person actually receives the document or a copy.
A migration notice with minor mistakes can still be treated as legally sufficient if it mostly meets the content rules and does not seriously harm the person’s rights, including review rightsA formal review of the decision itself, not just whether the process was followed. The page says review time can depend on when the person receives notice..
People with more than one nationality, and some people with a right to live in another declared country, can now lodge a valid protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. application, including some earlier applications not yet ruled invalid.
The Bill amends the provisions that deal with the giving of cancellation-related notices, where appropriate, to ensure that all such provisions require that the notice must be in writing and must be given in the prescribed way. This facilitates the fair and efficient administration of the visa cancellation framework with a greater degree of transparency, certainty and consistency.Migration Amendment (Giving Documents and Other Measures) explanatory memorandum
New subsection 109(5) provides that failure to give notice of a decision does not affect the validity of the decision. It also standardises the cancellation-notification provisions to reduce inconsistency by aligning section 109 with other sections within the Migration Act which cover visa-decision related notifications, including section 64, 127, 129 and 137S of the Migration Act. Sections 501G and 133E of the Migration Act also contain provisions, differently worded, that make it clear that an error in the notification does not affect the validity of the decision.Migration Amendment (Giving Documents and Other Measures) explanatory memorandum
New subsection 494C(7) deals with both the giving and receipt of a document. It provides that where the Minister purports to give a document in accordance with a section 494B method, but makes an error in the method by which the document is given, but the person nonetheless receives the document or a copy of it, the document is taken to have been given in accordance with the relevant method and the person is taken to have received it at the time mentioned in section 494C for the relevant method or, if the person can show that they received the document at a later time, at that later time.Migration Amendment (Giving Documents and Other Measures) explanatory memorandum
New section 494E introduces a substantial compliance framework in relation to the content of documents. The provision seeks to address instances where the Minister is permitted or required to give a document to a person, and the document does not strictly comply with the relevant content requirements under the Migration Act or the Regulations. Where the Minister has substantially complied with the relevant content related requirements for the document given, and the recipient of that document suffers no substantial prejudice related to their rights (including, but not limited to, rights to seek review in connection with the matter to which the document relates), arising from the Minister’s failure to strictly comply with those requirements, that document is taken to have complied with the content-related requirements.Migration Amendment (Giving Documents and Other Measures) explanatory memorandum
This item provides that the amendment of paragraph 46(1)(e) made by item 2 and the repeal of Subdivision AK by item 3 applies in relation to an application for a visa made on or after the commencement of this item, and also to an application for a visa made before the commencement of this item if, immediately before that commencement, a decision had not been made that the application is not a valid application.Migration Amendment (Giving Documents and Other Measures) explanatory memorandum
Context
Before 2023, the Migration ActThe main law this bill amends. On this page, it is the statute that sets the rules for visa notices, cancellations, and protection visa applications. used uneven rules for giving cancellation notices, tolerated different delivery methods across provisions and barred some dual nationals from making valid protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications, which led to technical disputes, uncertainty and administrative delay even when people actually received documents. The bill responded by standardising written notice requirements, preserving documents with minor delivery or content errors where rights were not substantially harmed, and removing that protection-visa bar, before Parliament passed it and it received Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law. in June 2023.
Government says uneven notice rules and dual-national limits are causing uncertainty
When introducing the bill, the minister said the Migration ActThe main law this bill amends. On this page, it is the statute that sets the rules for visa notices, cancellations, and protection visa applications.'s mixed notice requirements and the bar on some dual nationals lodging protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications were creating technical disputes, inefficiency and unfairness.
Hansard ↗Bill introduced to standardise written notices and remove the protection-visa bar
The bill was presented to the HouseThe lower house of Parliament where the bill was introduced and passed before moving through the rest of Parliament. with measures to require cancellation notices to be given in writing by prescribed methods, validate minor document errors where rights were not substantially prejudiced, and repeal the dual-national application restriction.
Parliamentary timeline ↗House passes the bill
House passage showed support for treating the changes as administrative fixes aimed at making migration decision-making fairer and more consistent.
Parliamentary timeline ↗SenateThe upper house of Parliament that debated the bill before it passed. debate frames the bill as fixing technical notification disputes
During SenateThe upper house of Parliament that debated the bill before it passed. debate, speakers described the bill as clarifying how affected people are notified and reducing inefficient disputes about whether documents had been validly given.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, clearing the way for the new notice rules and protection-visa eligibility changes to become law.
Parliamentary timeline ↗Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law. makes the changes law
Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law. turned the bill into an Act, formally enacting the streamlined document-giving rules and the removal of the protection-visa application bar for the affected cohorts.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
Recorded vote: 91 to 53.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered the bill in detail and dealt with amendments before the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Considered by scrutiny committee (14/06/2023): SenateThe upper house of Parliament that debated the bill before it passed. Standing Committee for the Scrutiny of Bills; Scrutiny Digest 8 of 2023
Considered by scrutiny committee
APH bill page notesThe bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law., turning the bill into an Act.
Key criticism
Critics said the bill risked making migration notice mistakes easier to overlook, which could weaken practical notice and review rightsA formal review of the decision itself, not just whether the process was followed. The page says review time can depend on when the person receives notice. if defective cancellation or other notices still counted as legally effective. That concern was raised most strongly by the Greens about schedule 1, while the Coalition's objections were narrower and focused mainly on schedule 2 removing ministerial discretion and possibly creating extra legal challenges.
Criticism was real but split, with different parties objecting to different schedules rather than the whole bill.
Notice errors could still harm review rights
The strongest criticism was that schedule 1 lets some defective migration notices remain legally effective, which critics said could unfairly weaken notice protections and make it harder for affected people to exercise review rightsA formal review of the decision itself, not just whether the process was followed. The page says review time can depend on when the person receives notice. in practice.
Rushed drafting and weak scrutiny
Greens senators argued the document-notification changes were being rushed through without enough scrutiny, raising concern that drafting problems or missing safeguards could have unfair consequences for people receiving migration decisions.
Removal of ministerial discretion on protection applications
Coalition speakers objected to schedule 2 because allowing certain protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications to proceed validly without the minister's gatekeeping discretion was said to weaken an existing bipartisan restriction and risk unintended legal consequences, including extra review avenues.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
SenateThe upper house of Parliament that debated the bill before it passed. agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 35 to 27. Support came from Labor, Greens, Jacqui Lambie Network, and minor parties and independents. Opposition came from Liberal Party, Nationals, One Nation, and UAP. Minor-party and independent votes were split.
Passed 26 to 12. Support came from Labor, Liberal Party, Jacqui Lambie Network, One Nation, and minor parties and independents. Opposition came from Greens. Minor-party and independent votes were split.
Passed 91 to 53. Support came from Labor, Greens, Centre Alliance, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.
House
Passed 89 to 56. Support came from Labor and Greens. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
This preserved the bill's protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. changes for dual nationals and related cohorts, allowing the bill to proceed unamended in the HouseThe lower house of Parliament where the bill was introduced and passed before moving through the rest of Parliament..
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Giles supports the bill, saying it improves and simplifies migration notification rules and makes the protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. process fairer and more efficient.
Read in Hansard ↗Paterson says the coalition will back the bill's document-handling fixes, but opposes the part that would let certain protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications proceed validly because he wants the minister to keep that discretion.
Read in Hansard ↗James Stevens says the opposition will support the bill because it should make ministerial migration decisions and paperwork more efficient, but he stresses that the real issue is improving implementation and timeliness rather than changing visa outcomes.
Read in Hansard ↗McKim says the Greens will support the part of the bill that helps refugees and removes the ban on dual nationals lodging protection visas, but they strongly oppose schedule 1 because it is rushed, under-scrutinised and may unfairly weaken notice rights.
Read in Hansard ↗All speeches by bloc
3 speakers · 4 contributions · 3 support
“The amendments in this Bill do not make substantive changes to the notification framework, nor do they change the eligibility requirements for the grant of a protection visa. They provide for greater effectiveness and streamlining of processes and create a fairer and more accountable framework.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Andrew Giles on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Giles supports the bill, saying it improves and simplifies migration notification rules and makes the protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. process fairer and more efficient. He argues it reduces technical invalidity problems and removes an unnecessary bar on dual nationals, including minors, applying together for protection.
“The amendments proposed in this bill support improved and fairer processes under the Migration Act. They improve the effectiveness of the notification of decisions and actions under the act, and reduce inefficient processes relating to the making of valid protection visa applications for dual citizens.”Read this contribution in Hansard ↗
Second reading speech
Giles supports the bill, saying it will make visa notification processes fairer and more efficient and remove an unnecessary bar on protection visaThe visa for people asking Australia for protection from harm. On this page, the bill changes who can make a valid application for this visa. applications by dual nationals. He says these changes improve certainty and administration, and he commends the bill to the HouseThe lower house of Parliament where the bill was introduced and passed before moving through the rest of Parliament..
“This bill deserves support, and I commend the bill to the House.”Read this contribution in Hansard ↗
“This bill deserves support. I commend the bill to the House.”Read the full speech in Hansard ↗
4 speakers · 1 support · 1 oppose · 2 mixed
“I certainly think that this bill does some good things. There are some areas, as I've said, that the coalition does take issue with, and we will be moving amendments to that effect to try and make this bill as ideal as we would like it to be. That's because our migration system is important; it is important that people understand it and that people are able to easily navigate it. But, as I say, it is also important that we balance that up with the ability to ensure that the correct decision-makers are making appropriate decisions. With the minister retaining this specific discretion here, we think that that's where that decision would be most appropriately made.”Read the full speech in Hansard ↗
“We understand that nearly half of these cases relate to minors, but we also want some clarification on what it would mean to the other 50 per cent, who are adults, and, with regard to the minors, what it would mean to their parents. We are seeking clarification from the government on that, but at this stage we are of a mind to oppose this section of the bill unless we can get the guarantees and the certainty that we require.”Read the full speech in Hansard ↗
“For the reasons that I have mentioned, the coalition supports the first two elements of the bill but will not support the third change, as we believe that the minister should still retain that discretion to allow noncitizens who are nationals of two or more countries to apply for a protection visa. That's why, when we move to the committee stage, I will move an amendment which seeks to remove schedule 2 of the bill in its entirety.”Read the full speech in Hansard ↗
“Given this is a bill, we understand, with the intention to improve the way in which ministerial decisions are made and to reduce some of the litigation and appeals, I just put those comments on the record as part of contributing to the debate on this bill.”Read the full speech in Hansard ↗
1 speaker · 1 mixed
“This legislation, which relates in part to refugee status, can help us take a small step along a path that would ultimately address a very small part of the reputational damage that Australia has caused to itself and that we have caused to ourselves by our attitude to offshore detention, our attitude to boat turn-backs and our attitude to indefinite onshore immigration detention, which, quite shamefully, we still engage in in this country. So that part of the bill will receive the support of the Australian Greens, and it will in a very minor way start to repair some of that damage. But, believe me, there is a lot more damage that is yet to be repaired, and this government has a lot more work to do before it can be considered a government that is on the side of people seeking asylum in Australia.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Recorded vote: 91 to 53.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail debate
Consideration in detail
The chamber considered the bill in detail and dealt with amendments before the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Committee of the Whole debate
Committee of the Whole debate
The bill reached this recorded parliamentary step.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final step that turns a bill into an Act. The page says this happened in June 2023, so the bill became law., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 8 of 2023
Considered by scrutiny committee
Considered by scrutiny committee (14 June 2023): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 8 of 2023
APH bill page notes
