Smith Lockwood: Questions for Oral Answer — Questions to Ministers 
Smith Lockwood: Questions for Oral Answer — Questions to Ministers 
[Volume:633;Page:4891] 
5.  
Dr the Hon LOCKWOOD SMITH (National—Rodney) 
 to the  
Minister of Immigration 
: For what categories of immigrants if any is evidence of age required when applying for a visa or permit? 
Hon CLAYTON COSGROVE (Associate Minister of Immigration) 
 on behalf of the 
 Minister of Immigration 
: Categories with age criteria include the skilled migrant category business investor policy the Samoan quota the Pacific access category and categories within the family sponsored stream. 
Dr the Hon Lockwood Smith 
: If it is correct for those categories that evidence of age is amongst the information required in respect of establishing the age of an application would a birth certificate be considered a document under section 142(1)(c) of the Immigration Act 1987? 
Hon CLAYTON COSGROVE 
: The Department of Labour verifies applicants’ ages as follows: in all cases the department requires the date of birth for confirmation of identity. Acceptable documentation includes passports and birth certificates. Passports are also checked when the applicant arrives at the border. 
Dr the Hon Lockwood Smith 
: Would altering the birth date on a birth certificate that is then used in an immigration application constitute producing a document that is “false or misleading” in respect of section 142(1)(c) of the Immigration Act 1987? 
Madam SPEAKER 
: That question comes close to asking for a legal opinion. Would the member like to rephrase it so that it does not have that flavour about it please. 
Dr the Hon Lockwood Smith 
: What advice has the Minister received in respect of the alteration of a birth date on a birth certificate that was then used in an immigration application; and would that according to any advice constitute producing a document that is “false or misleading” in respect of section 142(1)(c) of the Immigration Act 1987? 
Hon CLAYTON COSGROVE 
: I am always concerned if inaccurate or false information or altered documentation is provided in support of an application. The Immigration Act 1987 specifies penalties when an offence of this nature is proved in court. Again I say to the member that if he has specific information then I am happy to look at it for him. 
Dr the Hon Lockwood Smith 
: Is it correct that the penalties the Minister has just referred to provided under section 144 of the Immigration Act 1987 for committing an offence against section 142(1)(c) relating to the production of a false and misleading document include a term of imprisonment not exceeding 7 years? 
Hon CLAYTON COSGROVE 
: Section 144 of the Immigration Act 1987 provides a penalty for offences committed under section 142 as the member says of up to 7 years’ imprisonment and/or a $100000 fine. 
Dr the Hon Lockwood Smith 
: Would a member of Parliament directing the alteration of a birth date on a birth certificate as is alleged by Taito Phillip Field’s former electorate agent—a birth certificate that was subsequently used in an immigration application—be an offence against section 142(1)(c) of the Immigration Act 1987? 
Hon CLAYTON COSGROVE 
: That is a hypothetical question better dealt with after legal advice. As I said to the member if he has specific evidence he wants to put in front of me then I am happy to look at it. 
Dr the Hon Lockwood Smith 
: If a member of Parliament directed the alteration of a birth date on a birth certificate as is alleged by Taito Phillip Field’s former electorate agent and subsequently used that birth certificate to support an immigration application would the penalty for that offence under section 144(1) of the Immigration Act exceed the penalty of imprisonment for a term of 2 years or upwards and force a parliamentary seat to become vacant under section 55 of the Electoral Act 1993? 
Hon CLAYTON COSGROVE 
: Firstly I have no responsibility for the Electoral Act; and secondly as I have said section 144 of the Immigration Act 1987 provides a penalty for offences committed under section 142 of up to 7 years’ imprisonment and/or a $100000 fine.