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senate vote 2018-12-06#5
Edited by
mackay staff
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2019-02-14 15:37:35
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Title
Bills — Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018; Second Reading- Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Release statutory review
Description
<p class="speaker">Scott Ryan</p><p>The time for allotted consideration of this bill has expired. The question is that the second reading amendment on sheet 8621, moved by Senator Bernardi, be agreed to. Senator Bernardi?</p> <p class="speaker">Cory Bernardi</p>- The majority voted against paragraph (a) of a [motion](https://www.openaustralia.org.au/senate/?gid=2018-12-06.89.1) introduced by SA Senator [Cory Bernardi](https://theyvoteforyou.org.au/people/senate/sa/cory_bernardi) (Australian Conservatives), which means it failed. This motion would have amended the usual [second reading motion](https://www.peo.gov.au/learning/fact-sheets/making-a-law.html) which is that "*that the bill be read a second time*" (in other words, that the majority agree with the main idea of the bill).
- ### Motion text
- > *At the end of the motion, add:*
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- > *", but the Senate is of the view that:*
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- > *(a) the government should promptly release the statutory review of the Administrative Appeals Tribunal, particularly those aspects relating to the Migration and Refugee Divisions, conducted by the Honourable Ian Callinan AC QC;*
- >
- > ...
- ### What does the bill do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd112):
- > *The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) is an omnibus Bill which makes various amendments to migration, customs and passenger movement laws. The Bill:*
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- > * *amends the Migration Act 1958 to:*
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- >> * *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)*
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- > * *amends the Customs Act 1901 to:*
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- >> * *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)*
- >>
- >> * *make minor technical amendments (Schedule 5) and*
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- > * *amends the Passenger Movement Charge Collection Act 1978 to specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).*
<p>Mr President, it was indicated to me that some people have different views on some of these amendments, which are (a), (b), (c) and (d), and I think it would help the chamber if they could be dealt with individually.</p> <p class="speaker">Mitch Fifield</p><p>We agree.</p> <p class="speaker">Scott Ryan</p><p>I have got a request from Senator Fifield. I need a name for a separate request; I've got that. So (a), (b), (c) and (d) will be dealt with separately. The question is that paragraph (a) of Senator Bernardi's second reading amendment on sheet 8621 be agreed to.</p>
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