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senate vote 2023-12-05#9
Edited by
mackay staff
on
2024-05-12 09:41:23
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Title
Bills — Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023; in Committee- Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023 - in Committee - Sunset clauses
Description
<p class="speaker">Andrew McLachlan</p><p>I will now deal with the amendments circulated by Senator David Pocock. As these amendments were circulated after 4.20 pm, they can only be considered by leave. Is the senator seeking leave to move them?</p> <p class="speaker">David Pocock</p><p>I am. I seek leave to move amendments (1) to (3) on sheet 2262 revised, amendments (1) to (3) on sheet 2263 revised and (1) to (3) on sheet 2321 together.</p><p>Leave granted.</p><p>I move my amendments:</p><p class="italic">SHEET 2262 REVISED</p><p class="italic">(1) Clause 3, page 2 (after line 11), at the end of the clause, add:</p><p class="italic">Note: The provisions of the <i>Migration Regulations 1994</i> amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under the <i>Migration Act 1958</i> (see subsection 13(5) of the <i>Legislation Act 2003</i>).</p><p class="italic">(2) Schedule 1, page 8 (after line 21), at the end of the Schedule, add:</p><p class="italic">8A Sunset of amendments</p><p class="italic">The amendments of the <i>Migration Act 1958</i> made by:</p><p class="italic">(a) this Schedule, other than the amendments of the <i>Migration Act 1958</i>made by this Schedule to insert section 76AA; and</p><p class="italic">(b) Schedule 1 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i>;</p><p class="italic">cease to be in force at the start of the day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent.</p><p class="italic">(3) Schedule 1, page 8 (after line 21), at the end of the Bill, add:</p><p class="italic">Schedule 1A — Sunset of amendments</p><p class="italic">Part 1 — Amendment of the Migration Regulations 1994</p><p class="italic"> <i>Migration Regulations 1994</i></p><p class="italic">1 At the end of Part 126 of Schedule 13</p><p class="italic">Add:</p><p class="italic">12602 Sunset of amendments</p><p class="italic">The amendments of these Regulations made by Part 1 of Schedule 2 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i> cease to be in force at the start of the day after the end of the period of 6 months beginning on the day the <i>Migration Amendment (Bridging Visa Conditions and Other Measures) Act 2023</i> receives the Royal Assent.</p><p class="italic">Part 2 — Other provisions</p><p class="italic">2 Affirmative resolution</p><p class="italic">(1) This item applies to regulations made under the <i>Migration Act 1958 </i>that:</p><p class="italic">(a) are made on or after the commencement of this Schedule; and</p><p class="italic">(b) have the effect of amending or repealing, or otherwise altering the effect or operation of, the amendments of the <i>Migration Regulations 1994</i> made by this Schedule.</p><p class="italic">(2) The regulations do not come into effect until they have been approved by a resolution of each House of the Parliament.</p><p class="italic">_____</p><p class="italic">SHEET 2263 REVISED</p><p class="italic">(1) Clause 3, page 2 (after line 11), at the end of the clause, add:</p><p class="italic">Note: The provisions of the <i>Migration Regulations 1994</i> amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under the <i>Migration Act 1958</i> (see subsection 13(5) of the <i>Legislation Act 2003</i>).</p><p class="italic">(2) Schedule 1, page 8 (after line 21), at the end of the Schedule, add:</p><p class="italic">8A Sunset of amendments</p><p class="italic">The amendments of the <i>Migration Act 1958</i> made by:</p><p class="italic">(a) this Schedule, other than the amendments of the <i>Migration Act 1958</i> made by this Schedule to insert section 76AA; and</p><p class="italic">(b) Schedule 1 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i>;</p><p class="italic">cease to be in force at the start of the day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent.</p><p class="italic">(3) Schedule 1, page 8 (after line 21), at the end of the bill, add:</p><p class="italic">Schedule 1A — Sunset of amendments</p><p class="italic">Part 1 — Amendment of the Migration Regulations 1994</p><p class="italic"> <i>Migration Regulations 1994</i></p><p class="italic">1 At the end of Part 126 of Schedule 13</p><p class="italic">Add:</p><p class="italic">12602 Sunset of amendments</p><p class="italic">The amendments of these Regulations made by Part 1 of Schedule 2 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i> cease to be in force at the start of the day after the end of the period of 12 months beginning on the day the <i>Migration Amendment (Bridging Visa Conditions and Other Measures) Act 2023</i> receives the Royal Assent.</p><p class="italic">Part 2 — Other provisions</p><p class="italic">2 Affirmative resolution</p><p class="italic">(1) This item applies to regulations made under the <i>Migration Act 1958 </i>that:</p><p class="italic">(a) are made on or after the commencement of this Schedule; and</p><p class="italic">(b) have the effect of amending or repealing, or otherwise altering the effect or operation of, the amendments of the <i>Migration Regulations 1994</i> made by this Schedule.</p><p class="italic">(2) The regulations do not come into effect until they have been approved by a resolution of each House of the Parliament.</p><p class="italic">_____</p><p class="italic">SHEET 2321</p><p class="italic">(1) Clause 3, page 2 (after line 11), at the end of the clause, add:</p><p class="italic">Note: The provisions of the <i>Migration Regulations 1994</i> amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under the <i>Migration Act 1958</i> (see subsection 13(5) of the <i>Legislation Act 2003</i>).</p><p class="italic">(2) Schedule 1, page 8 (after line 21), at the end of the Schedule, add:</p><p class="italic">8A Sunset of amendments</p><p class="italic">The amendments of the <i>Migration Act 1958</i> made by:</p><p class="italic">(a) this Schedule; and</p><p class="italic">(b) Schedule 2; and</p><p class="italic">(c) Schedule 1 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i>;</p><p class="italic">cease to be in force at the start of the day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent.</p><p class="italic">(3) Schedule 1, page 8 (after line 21), at the end of the bill, add:</p><p class="italic">Schedule 1A — Sunset of amendments</p><p class="italic">Part 1 — Amendment of the Migration Regulations 1994</p><p class="italic"> <i>Migration Regulations 1994</i></p><p class="italic">1 At the end of Part 126 of Schedule 13</p><p class="italic">Add:</p><p class="italic">12602 Sunset of amendments</p><p class="italic">The amendments of these Regulations made by Part 1 of Schedule 2 to the <i>Migration Amendment (Bridging Visa Conditions) Act 2023</i> cease to be in force at the start of the day after the end of the period of 12 months beginning on the day the <i>Migration Amendment (Bridging Visa Conditions and Other Measures) Act 2023</i> receives the Royal Assent.</p><p class="italic">Part 2 — Other provisions</p><p class="italic">2 Affirmative resolution</p><p class="italic">(1) This item applies to regulations made under the <i>Migration Act 1958 </i>that:</p><p class="italic">(a) are made on or after the commencement of this Schedule; and</p><p class="italic">(b) have the effect of amending or repealing, or otherwise altering the effect or operation of, the amendments of the <i>Migration Regulations 1994</i> made by this Schedule.</p><p class="italic">(2) The regulations do not come into effect until they have been approved by a resolution of each House of the Parliament.</p> <p class="speaker">Andrew McLachlan</p><p>The question before the chair is that the amendments on sheets 2262 revised, 2263 revised and 2321 be agreed to.</p><p></p> -
- The majority voted against the [amendments on sheets 2262 revised, 2263 revised and 2321](https://www.openaustralia.org.au/senate/?id=2023-12-05.181.1), which means they failed. They were introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent).
- ### What did the amendments do?
- The amendments would have added several sunset clauses to the bill, which have the effect of limiting the amount of time that the relevant provisions remain in force as law.
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