The Contents Of The Folder 23/43508 Electronic Surveillance Reform - Migration And Other Legislation Amendment (bridging Visas, Serious Offenders And Other Measures) Bill 2023.

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This disclosure contains the Supplementary Explanatory Memorandum for the Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023, which responds to the High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37. The Bill amends the Migration Act 1958 to impose visa conditions on non-citizens who cannot be detained because removal is not practicable. Government amendments introduce a new Community Safety Order (CSO) scheme in the Criminal Code to manage individuals convicted of serious violent or sexual offences, with amendments extending to the Crimes Act, Telecommunications (Interception and Access) Act, ASIO Act, and Surveillance Devices Act. Under the amendments, a non-citizen subject to a CSO ceases to hold their existing visa (except criminal justice visas) and is automatically granted a Subclass 070 Bridging (Removal Pending) visa. The measure aims to enhance community safety following the High Court's constraints on immigration detention powers.