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Wednesday, 8 December 2004
Page: 10

Senator LUDWIG (10:00 AM) —by leave—I move opposition amendments (1) and (2) on sheet RB253:

(1) Clause 2, page 1 (lines 6 to 8), omit the clause, substitute:

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3




1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

2. Schedule 1

The day on which this Act receives the Royal Assent.

3. Schedule 2

On the day after the end of the period of 12 months beginning on the day on which this Act receives the Royal Assent.

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

(2) Page 14 (after line 13), at the end of the bill, add:

Schedule 2—Amendment of the Customs Act 1901

1 Omission of numbers inserted by Schedule 1

Each number inserted in column 3 of the table in Schedule VI to the Customs Act 1901 by an item in Schedule 1 to this Act is omitted.

2 Application

The amendments made by this Schedule do not apply to offences committed before this Schedule commences.

I know everyone is being patient and I appreciate the opportunity to move the amendments. As the government has pointed out quite consistently, the amendments ensure that each provision of the act as specified in column 1 of the table is taken to have commenced in accordance with column 2. What we do not have is a position where there will be any retrospectivity in relation to this matter. We will ensure that schedule 1 and schedule 2 commence on the day after the end of the period of 12 months, beginning on the day on which this act receives the royal assent. We also seek to insert a sunset provision which will ensure that the provisions will not continue. As I think we have made plain in both the second reading debate and the committee stage today, it is not our intention to otherwise repeal or peel back these provisions. It is one of those issues where, to keep the government accountable, there has been a process of ensuring that no unintended consequences occur, and we have the ability to revisit these provisions by way of a legislation committee. There could be a different outcome as a consequence of that, but that is a matter to be argued on another day.