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senate vote 2018-12-06#24
Edited by
mackay staff
on
2023-05-26 10:54:00
|
Title
Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Territory of Ashmore and Cartier Islands- Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - in Committee - Territory of Ashmore and Cartier Islands
Description
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- The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.139.1), which means they failed.
- ### What did the amendments do?
- According to the relevant [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr6069_ems_d62651ad-2a0a-4678-9ef4-d9459d182726%22):
- > *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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_38daf8d0-fb28-40d6-ad07-17bfa151fe90%22) for amendment text.
- ### What does this bill do?
- According to its [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd112), the purpose of the [Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r6069) 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).*
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senate vote 2018-12-06#24
Edited by
mackay staff
on
2023-05-19 13:16:40
|
Title
Business — Consideration of Legislation- Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Territory of Ashmore and Cartier Islands
Description
<p class="speaker">Scott Ryan</p><p>We now move to the amendments on sheet JC576 in the name of the government:</p>-
- The majority voted against [Government amendments](https://www.openaustralia.org.au/senate/?gid=2018-12-06.139.1), which means they failed.
- ### What did the amendments do?
- According to the relevant [supplementary explanatory memorandum](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr6069_ems_d62651ad-2a0a-4678-9ef4-d9459d182726%22):
- > *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](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6069_amend_38daf8d0-fb28-40d6-ad07-17bfa151fe90%22) for amendment text.
<p class="italic"> <i>Government's circulated amendments—</i></p><p class="italic">(1) Page 10 (after line 13), at the end of the Bill, add:</p><p class="italic">Schedule 8—Validation of Port Appointment</p><p class="italic">1 Definitions</p><p class="italic">In this Schedule:</p><p class="italic"><i>appointment</i> includes a purported appointment.</p><p class="italic">2 Validation of appointment of an area of water within the Territory of Ashmore and Cartier Islands as a port</p><p class="italic">(1) This item applies in relation to the appointment of an area of waters within the Territory of Ashmore and Cartier Islands under paragraph 5(5) (a) of the <i>Migration Act 1958</i> by notice published in the Gazette on 23 January 2002.</p><p class="italic">(2) The appointment has, and is taken always to have had, effect as if all of the words from and including "the area of waters" to and including "point of commencement." were omitted and the following words were substituted:</p><p class="italic">the area of waters within the Territory of Ashmore and Cartier Islands commencing at a point on the Mean Low Water (MLW) line closest to Latitude 12 degrees 13 minutes South, Longitude 122 degrees 59 minutes East, then following the line of MLW in an anticlockwise direction so as to enclose a bay by bridging across islands of MLW at the entrance to the bay to close back to the point of commencement.</p><p class="italic">(3) The <i>Migration Act 1958</i> has, and is taken always to have had, effect as if the area of waters specified in the appointment (as affected by subitem (2)) were a port for the purposes of that Act.</p><p class="italic">(4) This item does not, by implication, prevent amendment or revocation of the appointment.</p><p class="italic">3 Validation of things done under the <i>Migration Act 1958</i></p><p class="italic">(1) This item applies to a thing done under the <i>Migration Act 1958</i> at any time before the day this Schedule commences, to the extent that the doing of the thing would, apart from this Schedule, be invalid or ineffective because the doing of the thing relied, directly or indirectly, on the validity of the appointment referred to in subitem 2(1).</p><p class="italic">(2) The thing done is as valid and effective, and is taken always to have been as valid and effective, as it would have been had this Schedule been in force at that time.</p><p class="italic">4 Schedule does not affect certain rights or liabilities</p><p class="italic">This Schedule does not affect rights or liabilities arising between parties to proceedings in which judgment has been delivered by a court before the commencement of this Schedule, if:</p><p class="italic">(a) the validity of the appointment referred to in subitem 2(1) was at issue in the proceedings; and</p><p class="italic">(b) the judgment set aside the appointment or declared it to be invalid.</p><p class="italic"> <i>[validation of port appointment]</i></p> <p class="speaker">Cory Bernardi</p><p>This amendment relates to the validation of an area of water within the Territory of Ashmore and Cartier Islands. I seek leave to ask the government a couple of questions in respect to this amendment.</p><p>Leave not granted.</p> <p class="speaker">Scott Ryan</p><p>The question is that the amendments on sheet JC576, circulated by the government, be agreed to.</p> -
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