Senate

Supplmentary Explanatory Memorandum relating to sheet JC576

(Circulated by authority of the Attorney General, the Hon. Christian Porter MP)

Outline

Government amendments in Schedule 8 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) ensure that the appointment of a proclaimed port in the Territory of Ashmore and Cartier Islands contained in the Commonwealth of Australia Gazette No. GN 3, 23 January 2002 (the appointment) has always had the legal effect that was intended and that it was thought to have had, and to ensure that things done which relied on the validity of the appointment are valid and effective.

Specifically, the amendments in Schedule 8 of the Bill:

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clarify that the term "appointment" will include a purported appointment;

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clarify the geographical coordinates of the area of waters within the Territory of Ashmore and Cartier Islands specified in the appointment;

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confirm that there was a properly proclaimed port at Ashmore and Cartier Islands at all relevant times; and

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confirm the validity of things done under the Migration Act 1958 (such as actions taken or decisions made) which relied directly or indirectly on the validity of the appointment, before the commencement of this Act.

Financial Impact Statement

These amendments will have a no financial impact.