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senate vote 2019-12-05#19

Edited by mackay

on 2019-12-13 13:53:54

Title

  • Ministerial Statements — Dairy Industry
  • Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019 - Third Reading - Retroactive application

Description

  • <p class="speaker">Scott Ryan</p>
  • <p>The question is that subitem (2) of item 53 and items 54 to 56 of schedule 1 stand as printed.</p>
  • <p class="italic"> <i>Centre Alliance opposed schedule 1 in the following terms&#8212;</i></p>
  • The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2019-12-05.251.1) to keep subitem (2) of item 53 and items 54 to 56 of [schedule 1](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6457_aspassed%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6457_aspassed%2F0000%22;rec=0) stand as printed, which is parliamentary jargon for keeping those items unchanged. This motion was put after the Centre Alliance moved that those items should be opposed.
  • The items listed above relate to the retroactive aspects of the bill (see information below).
  • ### 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.
  • <p class="italic">(3) Schedule 1, item 53, page 11 (lines 12 to 19), subitem (2) to be opposed.</p>
  • <p class="italic">(4) Schedule 1, items 54 to 56, page 11 (line 20) to page 13 (line 33), to be opposed.</p>