Crime Point-in-Time Service Updates

The Crime Point-in-Time Service has been updated to include the Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023 (Cth) (Act 110 of 2023).

Act 110 of 2023

This Act amends the Migration Act 1958 (Cth) to complement and reinforce amendments made by the Migration Amendment (Bridging Visa Conditions) Act 2023 (Cth) on 18 November 2023.

On 8 November 2023, the High Court declared, in the case of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (NZYQ), that NZYQ’s detention was unlawful “by reason of there having been and continuing to be no real prospect of removal of [NZYQ] from Australia becoming practicable in the reasonably foreseeable future”. The High Court found that the relevant provisions are beyond the legislative power of the Commonwealth insofar as they applied to NZYQ and issued a writ of habeas corpus.

The Act aims to strengthen the Subclass 070 (Bridging (Removal Pending)) visa (BVR) framework for the NZYQ-affected cohort and targets those with a serious history of offending in relation to the most vulnerable people in our society, including children. The Act would put beyond doubt the types of behaviours that are unacceptable for persons in this cohort to engage in whilst they reside in the Australian community, and the sanctions that will apply to any person who breaches the conditions of the BVR they are granted.

It will achieve this by introducing new criminal offences (with mandatory minimum sentences) for BVR holders who fail to comply with a visa condition which:

• prohibits the person from performing any work, or participating in any regular organised activity, involving more than incidental contact with another person who is a minor or another vulnerable person;
• prohibits the person going within a particular distance of a school, childcare centre or day care centre;
• prohibits a person who has been convicted of an offence involving violence or sexual assault from contacting or attempting to contact the victim of the offence, or a member of the victim’s family.

These amendments have been updated in the Point-in-Time Crime Service current to 10 December 2023. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.