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🏛 House of Representatives3 readingsAmendments circulated

Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) 2020

✦ Plain-English Summary

# Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 ## What it does This bill tightens rules around how the government handles sensitive information in migration and citizenship cases. It creates stronger protections for information used in character and conduct assessments, and introduces "non-disclosure certificates" that allow authorities to withhold certain information from people in visa or citizenship decisions. ## Why it matters If you're applying for a visa or citizenship, this could affect what information the government can or can't show you about why they've made a decision. It shifts power toward keeping some evidence secret from applicants, which makes it harder to challenge decisions you disagree with. ## Key details - **Character assessments get tighter rules**: Information used to judge your character (criminal history, conduct) gets special protection, with new restrictions on who can access or see it. - **Non-disclosure certificates**: The government can now issue certificates that let them hide information from you "in the public interest" — you won't always know what evidence was used against your application. - **Commencement**: Different parts kick in at different times. Most changes will happen when the government sets a proclamation date (within 6 months), so the bill isn't in effect yet.

Official Description

Amends the: Migration Act 1958 to: create a framework to protect disclosure of confidential information provided by gazetted intelligence and law enforcement agencies where the information is used for decisions made to refuse or cancel a visa on character grounds, or revoke or set aside such decisions; amend the definition of non-disclosable information to include protected information where the disclosure of such information would be contrary to Australia's national interests; and provide that an officer performing certain functions commits an offence if protected information is disclosed in certain circumstances; Australian Citizenship Act 2007 to: protect protected information where the information is used for certain citizenship decisions, renunciations of citizenship by conduct, and cessation of citizenship for service outside Australia in armed forces of an enemy country or a declared terrorist organisation; and create a framework for the management of the disclosure to, and by, the Administrative Appeals Tribunal of information that has been certified by the minister to be contrary to the public interest for specified reasons, or that was provided in confidence; and create a power for the secretary to delegate functions or powers under the Act and the Australian Citizenship Regulation 2016 ; Freedom of Information Act 1982 and Inspector of Transport Security Act 2006 to make consequential amendments; and Australian Citizenship Act 2007 and Migration Act 1958 to make amendments contingent on the commencement of the Federal Circuit and Family Court of Australia Act 2020 .

Committee Referrals

Senate Standing Committee for the Scrutiny of Bills; Parliamentary Joint Committee on Human Rights; Senate Legal and Constitutional Affairs Legislation Committee

Full bill PDF →APH page →

Audit History

Introduced

10 Dec 2020

Last updated on APH

10 Apr 2026

Last checked by Crossbench

yesterday

Full text indexed

yesterday

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