COMMITTEES

Senator SCARR (Queensland) (17:41): I too rise to make some comments in relation to the Senate Standing Committee for the Scrutiny of Bills report, particularly in relation to the Migration Amendment (2026 Measures No. 1) Bill 2026, which was passed during the last sittings of this parliament. I acknowledge Senator Ciccone's very thoughtful dissertation on the operation of the scrutiny of bills committee, but there was one point to which I think Senator Ciccone could have referred to underline the importance of the work of the committee, and that is in relation to that bill.

Under the Migration Amendment (2026 Measures No. 1) Bill 2026, the minister has the power to issue an instrument which would have the effect of preventing those with temporary visas from coming to Australia for a period of time from a particular area. That instrument is not subject to disallowance. The scrutiny of bills committee looked deeply into that issue.

I want to congratulate firstly the chair of the scrutiny of bills committee, Senator Smith D, and also Senator Ciccone R, in relation to— Senator Ciccone: There's only one Senator Ciccone, thankfully! Senator SCARR: There is only one Senator Ciccone, absolutely. I want to congratulate those senators and all the other members of the scrutiny of bills committee for taking the initiative of writing a letter to the Minister for Home Affairs, Tony Burke, prior to that piece of legislation being debated in this place.

I also want to thank Minister Burke and his department for responding to that inquiry from the committee in relation to why that instrument was not subject to disallowance. So the Senate did have the benefit of the minister's response before we voted on that bill, and that's a good thing. But now the Senate has the benefit of the scrutiny of bills committee report in relation to this issue of disallowance, and I think the scrutiny of bills committee report that has just been considered has made it quite clear that that instrument should have been subject to disallowance.

It should be subject to disallowance. This Senate has determined that only in the most exceptional of circumstances should a piece of delegated legislation, statutory instrument or notification, in the nature of the notification which would be issued under the Migration Amendment (2026 Measures No. 1) Bill 2026, not be subject to disallowance. That instrument, under that bill, does not meet those exceptional circumstances.

Why? Because the minister and the department represent that it shouldn't be subject to disallowance because it's an urgent matter, potentially, and the minister has to take action. But that should not prevent the disallowance process from applying.

Because up to that point in time when an instrument is disallowed, if it is disallowed—it's extraordinarily rare for a regulation or an instrument to be disallowed by this Senate—it continues to have effect. So disallowance only operates from the point in time of disallowance and moving forward. So there is no reason why that instrument under that piece of legislation, which was quite controversial, should have been exempt from disallowance.

By exempting it from disallowance, it has the effect of undermining our ability as senators to receive representation from our constituencies and diaspora communities and to actually look at whether or not the minister should've issued an instrument in particular circumstances. We're denied the opportunity to consider that issue because the instrument is not subject to disallowance.

So the bill has been passed, but, in my view, I would suggest to the minister that the minister reconsiders this issue. Now the minister has the benefit, the considered view, of the Scrutiny of Bills Committee, I would call upon the minister to reconsider whether or not the instrument should be subject to disallowance. Trust the legislative process.

Trust us as senators. Trust this house of review to discharge our responsibilities and to discharge our obligations in the best interest of the Australian people. Don't undermine the ability of this house of review to look carefully with respect to any piece of delegated legislation and determine whether or not it should be disallowed on the basis of the national interest.

Question agreed to.