Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Migration (Validation of Port Appointment) Bill 2018

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Migration (Validation of Port Appointment) Bill 2018

 

No.      , 2018

 

(Home Affairs)

 

 

 

A Bill for an Act to validate a notice made under subsection 5(5) of the Migration Act 1958 , and for related purposes

   

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

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

4............ Validation of things done under the Migration Act 1958 .................... 3

5............ Act does not affect certain rights or liabilities...................................... 3

 



A Bill for an Act to validate a notice made under subsection 5(5) of the Migration Act 1958 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act is the Migration (Validation of Port Appointment) Act 2018 .

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

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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

             (1)  This section 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 13.2 minutes South, Longitude 122 degrees 59.0 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 subsection (2)) were a port for the purposes of that Act.

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

4   Validation of things done under the Migration Act 1958

             (1)  This section applies to a thing done under the Migration Act 1958 at any time before the day this Act commences, to the extent that the doing of the thing would, apart from this Act, be invalid or ineffective, directly or indirectly because of the terms of the appointment referred to in subsection 3(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 Act been in force at that time.

5  Act does not affect certain rights or liabilities

                   This Act 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 Act, if:

                     (a)  the validity of the appointment referred to in subsection 3(1) was at issue in the proceedings; and

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