Division Description Changes — Bills — Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018; Second Reading — 6th Dec 2018

Change	Division
senate vote 2018-12-06#6 Edited by mackay staff on 2019-02-14 15:41:15	Title Bills — Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018; Second Reading Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 - Second Reading - Against late evidence Description ~~<p class="speaker">Scott Ryan</p>~~ <p>The question now is to adopt paragraph (b) of Senator Bernardi's second reading amendment on sheet 8621. All those of that opinion say aye. To the contrary no. The ayes have it. Division required? Ring the bell for four minutes. This will be the last four-minute bell rung.</p> ~~<p class="speaker">Honourable Senators</p>~~ The majority voted against paragraph (b) 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: > > ", but the Senate is of the view that: > > ... > > (b) the government should take all possible steps to prevent the presentation of late evidence in migration and refugee cases; > > ... ### 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: > > * amends the Migration Act 1958 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) > > * amends the Customs Act 1901 to: > >> * 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 > > * 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>Honourable senators interjecting—</p>~~ ~~<p class="speaker">Scott Ryan</p>~~ <p>I said earlier that, because the last division was what is colloquially known as a mickey, the first real division would have a four-minute bell and every bell after that would be one minute only.</p> ~~<p class="speaker">Richard Di Natale</p>~~ ~~<p>Can you show me where 'mickey' is in Odgers?</p>~~ ~~<p class="speaker">Scott Ryan</p>~~ <p>Senator Di Natale, I've heard you use the term outside the chamber too. I am just trying to facilitate the operation of the chamber. Some people do not turn up for divisions of that nature, so we will have one four-minute bell and then every bell after this will be for one minute.</p> ~~<p>Honourable senators interjecting—</p>~~ ~~<p>This is entirely consistent with the way I dealt with the income tax measures, where there were different views across the chamber. Senator Wong.</p>~~ ~~<p class="speaker">Penny Wong</p>~~ ~~<p>Is it the intention, given the interaction between the motion passed by the Senate, under which we are operating, and 101(3), that, hereafter, all divisions are one minute?</p>~~ ~~<p class="speaker">Scott Ryan</p>~~ <p>Yes. I've just announced that, as I announce this four-minute bell. The question is that paragraph (b) on Senator Bernardi's second reading amendment on sheet 8621 be agreed to. I remind senators that from this point forward division bells will be rung for one minute only, so don't leave.</p>

~~Scott Ryan~~
The question now is to adopt paragraph (b) of Senator Bernardi's second reading amendment on sheet 8621. All those of that opinion say aye. To the contrary no. The ayes have it. Division required? Ring the bell for four minutes. This will be the last four-minute bell rung.
~~Honourable Senators~~
The majority voted against paragraph (b) 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:*
>
> *", but the Senate is of the view that:*
>
> ...
>
> *(b) the government should take all possible steps to prevent the presentation of late evidence in migration and refugee cases;*
>
> ...
### 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:*
>
> * *amends the Migration Act 1958 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)*
>
> * *amends the Customs Act 1901 to:*
>
>> * *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*
>
> * *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).*
~~Honourable senators interjecting—~~
~~Scott Ryan~~
I said earlier that, because the last division was what is colloquially known as a mickey, the first real division would have a four-minute bell and every bell after that would be one minute only.
~~Richard Di Natale~~
~~Can you show me where 'mickey' is in Odgers?~~
~~Scott Ryan~~
Senator Di Natale, I've heard you use the term outside the chamber too. I am just trying to facilitate the operation of the chamber. Some people do not turn up for divisions of that nature, so we will have one four-minute bell and then every bell after this will be for one minute.
~~Honourable senators interjecting—~~
~~This is entirely consistent with the way I dealt with the income tax measures, where there were different views across the chamber. Senator Wong.~~
~~Penny Wong~~
~~Is it the intention, given the interaction between the motion passed by the Senate, under which we are operating, and 101(3), that, hereafter, all divisions are one minute?~~
~~Scott Ryan~~
Yes. I've just announced that, as I announce this four-minute bell. The question is that paragraph (b) on Senator Bernardi's second reading amendment on sheet 8621 be agreed to. I remind senators that from this point forward division bells will be rung for one minute only, so don't leave.