Sarah Hanson-Young (SA, Australian Greens) Share this | Hansard source

That is right.

The CHAIRMAN: Thank you, Senator. Then maybe we should now move to your amendment (5) on sheet 7683.

My understanding is that was consequential as well.

The CHAIRMAN: The question would be that part 3 of schedule 1 stand as printed.

I think we will move on from that amendment if that is okay.

The CHAIRMAN: Thank you.

I would like to go to amendments (1) to (5) on sheet 7675. These are fairly basic amendments. They deal with removing the retrospectivity elements of this bill across all of the schedules—1, 2, 3 and 4. They speak for themselves. We should not, in this place, be creating legislation that is retrospective in its impact and its nature to pull the rug out from under people. It is a basic concept that we apply across the board when we are debating issues in this place that you do not make things retrospective.

These amendments are fairly simple. They just say that, from the moment that this bill passes and has royal assent, that is when these new rules will apply. We should not be trying to change the rules backwards, which is effectively what the government is doing by having these retrospective elements in the legislation. Of course, I am concerned about the very real impact that will have on asylum seekers who do have their claims already on foot. I do not think it is fair at all, but it is a broader point than that. This is actually about ensuring that we stick by the basic notion that you do not make laws in this place retrospective.

Because these amendments are all of the same nature, I seek leave to move them all together.

Leave granted.

I move Greens amendments (1) to (5) on sheet 7675 revised:

(1) Schedule 1, item 15, page 9 (lines 3 to 12), omit subitems (1) and (2), substitute:

(1) Section 5AAA of the Migration Act 1958 as amended by Part 1 of this Schedule applies to an application made on or after the commencement of that Part.

(2) Section 5AAA of the Migration Act 1958 as amended by Part 1 of this Schedule also applies in relation to an administrative process starting on or after the commencement of that Part.

[Amendment (2) will only be moved if the amendments on sheets 7681 and 7682 are not agreed to.]

(2) Schedule 1, item 15, page 9 (lines 13 to 17), omit subitem (3), substitute:

(3) Sections 91W, 91WA and 91WB of the Migration Act 1958 as amended by Part 2 of this Schedule apply to an application for a protection visa made on or after the commencement of that Part.

(3) Schedule 2, item 6, page 12 (lines 21 to 30), omit subitem (2), substitute:

(2) Subitem (1) covers an assessment made on or after the day this item commences.

(4) Schedule 3, Part 2, page 19 (line 1) to page 20 (line 19), omit the Part, substitute:

Part 2—Application

14 Application of amendments

  The amendments made by this Schedule apply in relation to a person who arrives in Australia after the day this item commences (whether or not that person had been in Australia previously).

(5) Schedule 4, item 34, page 38 (lines 2 to 32), omit the item, substitute:

34 Application of amendments

  The amendments made by this Schedule apply in relation to an application to the Migration Review Tribunal or the Refugee Review Tribunal for review of a decision if the application is made on or after the commencement of this Schedule.