6th Dec 2018, 4:00 PM – Senate Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - in Committee - Territory of Ashmore and Cartier Islands

The majority voted against Government amendments, which means they failed.

What did the amendments do?

According to the relevant supplementary explanatory memorandum:

Government amendments in Schedule 8 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) ensure that the appointment of a proclaimed port in the Territory of Ashmore and Cartier Islands contained in the Commonwealth of Australia Gazette No. GN 3, 23 January 2002 (the appointment) has always had the legal effect that was intended and that it was thought to have had, and to ensure that things done which relied on the validity of the appointment are valid and effective.

Specifically, the amendments in Schedule 8 of the Bill:

• clarify that the term “appointment” will include a purported appointment;
• clarify the geographical coordinates of the area of waters within the Territory of Ashmore and Cartier Islands specified in the appointment;
• confirm that there was a properly proclaimed port at Ashmore and Cartier Islands at all relevant times; and
• confirm the validity of things done under the Migration Act 1958 (such as actions taken or decisions made) which relied directly or indirectly on the validity of the appointment, before the commencement of this Act.

Amendment text

See sheet JC576 for amendment text.

What does this bill do?

According to its bills digest, the purpose of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 is to:

• clarify that where the removal of a non-citizen from the migration zone to another country is unsuccessful, a visa is not required to bring the person back to Australia and they remain subject to statutory bars on subsequent visa applications, where applicable (Schedule 1)
• provide that the Minister may make documents available to a person by way of an online account (Schedule 2)
• provide that the Commonwealth may appropriate money from the Consolidated Revenue Fund to pay refunds, rebates or drawbacks of customs duty in circumstances where those payments have no other statutory basis (Schedule 3)
• specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).