Scott Ryan (President) Share this | Hansard source

We now move to the amendments on sheet JC576 in the name of the government:

Government's circulated amendments—

(1) Page 10 (after line 13), at the end of the Bill, add:

Schedule 8—Validation of Port Appointment

1 Definitions

In this Schedule:

appointment includes a purported appointment.

2 Validation of appointment of an area of water within the Territory of Ashmore and Cartier Islands as a port

(1) This item applies in relation to the appointment of an area of waters within the Territory of Ashmore and Cartier Islands under paragraph 5(5) (a) of the Migration Act 1958 by notice published in the Gazette on 23 January 2002.

(2) The appointment has, and is taken always to have had, effect as if all of the words from and including "the area of waters" to and including "point of commencement." were omitted and the following words were substituted:

the area of waters within the Territory of Ashmore and Cartier Islands commencing at a point on the Mean Low Water (MLW) line closest to Latitude 12 degrees 13 minutes South, Longitude 122 degrees 59 minutes East, then following the line of MLW in an anticlockwise direction so as to enclose a bay by bridging across islands of MLW at the entrance to the bay to close back to the point of commencement.

(3) The Migration Act 1958 has, and is taken always to have had, effect as if the area of waters specified in the appointment (as affected by subitem (2)) were a port for the purposes of that Act.

(4) This item does not, by implication, prevent amendment or revocation of the appointment.

3 Validation of things done under the Migration Act 1958

(1) This item applies to a thing done under the Migration Act 1958 at any time before the day this Schedule commences, to the extent that the doing of the thing would, apart from this Schedule, be invalid or ineffective because the doing of the thing relied, directly or indirectly, on the validity of the appointment referred to in subitem 2(1).

(2) The thing done is as valid and effective, and is taken always to have been as valid and effective, as it would have been had this Schedule been in force at that time.

4 Schedule does not affect certain rights or liabilities

This Schedule does not affect rights or liabilities arising between parties to proceedings in which judgment has been delivered by a court before the commencement of this Schedule, if:

(a) the validity of the appointment referred to in subitem 2(1) was at issue in the proceedings; and

(b) the judgment set aside the appointment or declared it to be invalid.

[validation of port appointment]