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senate vote 2019-12-05#18
Edited by
mackay staff
on
2019-12-13 14:37:30
|
Title
Description
The majority voted against [amendment (2)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6457_amend_9133ddad-d339-4baf-aeed-60a984f2fe71%22;rec=0), which was introduced by the Centre Alliance, which means it failed. The amendment was to introduce a sunset provision so that the bill would stop having leagl effect after two years.- The majority voted against [amendment (2)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6457_amend_9133ddad-d339-4baf-aeed-60a984f2fe71%22;rec=0), which was introduced by the Centre Alliance, which means it failed. The amendment was to introduce a sunset provision so that the bill would stop having legal effect after two years.
- ### Amendment text
- > *(2) Page 2 (after line 11), after clause 3, insert:*
- >
- >> **5 Expiration of amendments**
- >>
- >> *This Act ceases to be in force at the start of the day after the end of the period of 2 years beginning on the day the Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 commenced.*
- ### What does the bill do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd065), the bill was introduced in order to:
- > * *respond to concern about the validity of certain [ACIC](https://en.wikipedia.org/wiki/Australian_Criminal_Intelligence_Commission) determinations and other documents raised in the case of [CXXXVIII v Commonwealth](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans/2019/206.html) by confirming the validity of current and former Australian Crime Commission (ACC) special operations and special investigations, the lawfulness of which has been questioned and*
- > * *amend the process by which the Australian Criminal Intelligence Commission (ACIC) Board authorises future special operations and special investigations, including by amending the threshold of which it must be satisfied.*
Although the bill does not expand or alter the powers available to ACIC, parties [like the Centre Alliance](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd065) were concerned by the retroactive nature of the bill. That is, it will confirm the validity of current and former special operations and special investigations at a time when the High Court is considering the validity of these laws in the context of an alleged unlawful investigation.- Although the bill does not expand or alter the powers available to ACIC, parties [like the Centre Alliance](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd065) were concerned by the retroactive nature of the bill. That is, it will confirm the validity of current and former special operations and special investigations at a time when the High Court is considering the validity of these laws in the context of an alleged unlawful investigation.
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senate vote 2019-12-05#18
Edited by
mackay staff
on
2019-12-13 14:35:07
|
Title
Ministerial Statements — Dairy Industry- Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019 - Third Reading - Sunset clause
Description
<p class="motion-notice motion-notice-notext">No motion text available</p>- The majority voted against [amendment (2)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Famend%2Fr6457_amend_9133ddad-d339-4baf-aeed-60a984f2fe71%22;rec=0), which was introduced by the Centre Alliance, which means it failed. The amendment was to introduce a sunset provision so that the bill would stop having leagl effect after two years.
- ### Amendment text
- > *(2) Page 2 (after line 11), after clause 3, insert:*
- >
- >> **5 Expiration of amendments**
- >>
- >> *This Act ceases to be in force at the start of the day after the end of the period of 2 years beginning on the day the Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 commenced.*
- ### What does the bill do?
- According to the [bills digest](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd065), the bill was introduced in order to:
- > * *respond to concern about the validity of certain [ACIC](https://en.wikipedia.org/wiki/Australian_Criminal_Intelligence_Commission) determinations and other documents raised in the case of [CXXXVIII v Commonwealth](http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans/2019/206.html) by confirming the validity of current and former Australian Crime Commission (ACC) special operations and special investigations, the lawfulness of which has been questioned and*
- > * *amend the process by which the Australian Criminal Intelligence Commission (ACIC) Board authorises future special operations and special investigations, including by amending the threshold of which it must be satisfied.*
- Although the bill does not expand or alter the powers available to ACIC, parties [like the Centre Alliance](https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1920a/20bd065) were concerned by the retroactive nature of the bill. That is, it will confirm the validity of current and former special operations and special investigations at a time when the High Court is considering the validity of these laws in the context of an alleged unlawful investigation.
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