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MIGRATION LEGISLATION AMENDMENT BILL (NO. 5) 1994
MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY AMENDMENT BILL 1994
MIGRATION AGENTS REGISTRATION (RENEWAL) LEVY AMENDMENT BILL 1994
IMMIGRATION (EDUCATION) CHARGE AMENDMENT BILL 1994

Order of the day read for the adjourned debate on the motion of the

Minister for Small Business, Customs and Construction (Senator

Schacht)--That these bills be now read a second time.

Debate resumed.

The question for the second reading was divided--

MIGRATION LEGISLATION AMENDMENT BILL (NO. 5) 1994

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY AMENDMENT BILL 1994

MIGRATION AGENTS REGISTRATION (RENEWAL) LEVY AMENDMENT BILL 1994--

Question--That these bills be now read a second time--put and passed.

IMMIGRATION (EDUCATION) CHARGE AMENDMENT BILL 1994--

Question--That this bill be now read a second time--put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the

bills.

In the committee

Statement by Chairman of Committees: The Chairman of Committees (Senator

Reid) made a statement as follows:

I should draw to the attention of the committee the fact that two of

these bills, the Migration Agents Registration (Application) Levy

Amendment Bill 1994 and the Migration Agents Registration (Renewal)

Levy Amendment Bill 1994, provide for increases in the charges which

may be levied under the principal acts. Those acts impose taxes

subject to a ceiling, and the bills allow increases in the ceilings.

The government is treating the bills as bills not imposing taxation,

and is moving amendments to them.

This treatment of the bills appears to arise from the new

interpretation adopted by the government during the consideration of

taxation legislation in 1993 that a bill is not a bill imposing

taxation within the meaning of the Constitution unless it levies some

new tax, and that a bill which increases the amount of a tax is not a

bill imposing taxation. The majority of the Senate, in effect, has

taken a different view, and would on that view treat these bills as

bills imposing taxation and as therefore requiring requests rather

than amendments. This has been drawn to the attention of the

government's advisers, but it has been indicated that the government

amendments are still being moved in the form of amendments. I make

this statement so that the committee will be aware of this and, if it

agrees to the amendments, this will not be regarded as setting a

precedent.

The question of the proper interpretation of the constitutional

provision is under consideration by the Legal and Constitutional

References Committee.

Explanatory memorandum: The Minister for Immigration and Ethnic Affairs

(Senator Bolkus) tabled a supplementary explanatory memorandum relating

to the Government amendments to be moved to the bills.

MIGRATION LEGISLATION AMENDMENT BILL (NO. 5) 1994--

Clauses 1 to 5, taken together by leave--

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

Clause 2, page 2, subclause (2), lines 4 to 7, omit the subclause,

substitute the following subclauses:

"(2) Schedule 2 commences on a day to be fixed by Proclamation.

"(3) If Schedule 2 does not commence within the period of 6 months

beginning on the day on which this Act receives the Royal Assent, it

commences on the first day after the end of that period.".

Clause 5, page 2, line 19, omit "1 July 1995", substitute "the day on

which this section commences".

Clauses 1 to 5, as amended, agreed to.

Clauses 6 and 7, taken together by leave, debated and agreed to.

Remaining clauses, taken together by leave--

On the motion of Senator Bolkus the following amendment was agreed to:

Clause 9, page 3, line 36, omit "1 July 1995", substitute "the day on

which that Schedule commences".

Remaining clauses, as amended, agreed to.

Schedule 1, items 1 to 24, taken together by leave, agreed to.

Schedule 1, item 25 debated.

Question--That Schedule 1, item 25 stand as printed--put.

The committee divided--

AYES, 31

Bolkus Brownhill Burns (Teller) Calvert Campbell Carr Childs Coates Colston Cooney Denman Evans, Christopher Ferguson Foreman Forshaw Jones Knowles Macdonald, Sandy McKiernan Minchin Murphy Neal Newman Reid Sherry Short Tambling Teague Vanstone West Wheelwright

NOES, 10

Bell Bourne (Teller) Chamarette Coulter Harradine Kernot Lees Margetts Spindler Woodley

Item agreed to.

Schedule 1, item 26--

Senator Spindler moved the following amendments together by leave:

Schedule 1, page 7, item 26, proposed section 366A, omit the section.

Schedule 1, page 8, item 26, proposed section 366B, omit the section.

Schedule 1, page 8, item 26, proposed section 366D, omit the section.

Debate ensued.

Question--That the amendments be agreed to--put and negatived. All

Australian Democrats Senators and Senators Chamarette and Margetts, by

leave, recorded their votes for the Ayes.

Schedule 1, item 26 agreed to.

Schedule 1, items 27 and 28, taken together by leave, debated.

Schedule 1, items 27 and 28 agreed to. All Australian Democrats Senators

and Senators Chamarette and Margetts, by leave, recorded their votes for

the Noes.

Schedule 1, item 29 agreed to.

Schedule 1, item 30 agreed to. All Australian Democrats Senators and

Senators Chamarette and Margetts, by leave, recorded their votes for the

Noes.

Schedule 1, item 31 agreed to.

Schedule 1, items 32 and 33, taken together by leave, agreed to. All

Australian Democrats Senators and Senators Chamarette and Margetts, by

leave, recorded their votes for the Noes.

Schedule 1, items 34 to 51, taken together by leave, agreed to.

Schedule 2, items 1 and 2, taken together by leave, agreed to. All

Australian Democrats Senators and Senators Chamarette and Margetts, by

leave, recorded their votes for the Noes.

Title agreed to.

Remaining bills taken together and as a whole by leave.

On the motion of Senator Bolkus the following amendments, taken together

by leave, were agreed to:

MIGRATION AGENTS REGISTRATION (APPLICATION) LEVY AMENDMENT BILL 1994--

Clause 2, page 2, lines 3 and 4, omit the clause, substitute the

following clause:

Commencement

"2.(1) Subject to subsection (2), this Act commences on a day to be

fixed by Proclamation.

"(2) If this Act does not commence within the period of 6 months

beginning on the day on which it receives the Royal Assent, it

commences on the first day after the end of that period.".

Clause 3, page 3, subclause (2), line 19, omit "1 July 1995", substitute

"the day on which this section commences".

MIGRATION AGENTS REGISTRATION (RENEWAL) LEVY AMENDMENT BILL 1994--

Clause 2, page 2, lines 3 and 4, omit the clause, substitute the

following clause:

Commencement

"2.(1) Subject to subsection (2), this Act commences on a day to be

fixed by Proclamation.

"(2) If this Act does not commence within the period of 6 months

beginning on the day on which it receives the Royal Assent, it

commences on the first day after the end of that period.".

Clause 3, page 3, subclause (2), line 21, omit "1 July 1995", substitute

"the day on which this section commences".

IMMIGRATION (EDUCATION) CHARGE AMENDMENT BILL 1994--

Clause 2, page 2, lines 1 and 2, omit the clause, substitute the

following clause:

Commencement

"2.(1) Subject to subsection (2), this Act commences on a day to be

fixed by Proclamation.

"(2) If this Act does not commence within the period of 6 months

beginning on the day on which it receives the Royal Assent, it

commences on the first day after the end of that period.".

Clause 3, page 2, subclause (2), line 36, omit "1 July 1995", substitute

"the day on which this section commences".

Bills, as amended, agreed to.

Bills to be reported with amendments.

The Acting Deputy President (Senator Colston) resumed the Chair and the

Chairman of Committees (Senator Reid) reported accordingly.

On the motion of Senator Bolkus the report from the committee was

adopted and the bills read a third time.