House of Representatives

Migration Litigation Reform Bill 2005

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)

Notes on clauses

Clause 1: Short title

1. This clause is a formal provision specifying the short title of the Bill.

Clause 2: Commencement

2. This clause specifies when the clauses of, and the Schedule to, the Bill will commence.

3. Subclause 2(1) provides that each provision of the Bill specified in column 1 of the table in the subclause commences or is taken to have commenced on the day specified in column 2 of the table.

4. Item 1 of the table in subclause 2(1) provides that sections 1 to 3 and anything in the Bill not covered elsewhere in the table commence on the day the Bill receives the Royal Assent.

5. Item 2 of the table in subclause 2(1) provides that all items in Schedule 1 of the Bill commence on a single day to be fixed by Proclamation. However, if any of the provisions do not commence within the period of six months of the Bill receiving Royal Assent, they commence on the first day after the end of that period.

6. Item 3 of the table in subclause 2(1) provides that all the items in Schedule 2 of the Bill will commence on Royal Assent.

7. The note at the end of table 1 in subclause 2(1) confirms that the table relates only to the provisions of this Bill as originally passed by the Parliament and assented to, and not expanded to deal with provisions inserted after assent.

8. Subclause 2(2) provides that column 3 of the table in subclause 2(1) sets out additional information that does not form part of the Act. As such, information in column 3 may be added to or edited in any published version of the Act.

Clause 3: Schedule(s)

9. This clause provides that each Act specified in a Schedule to the Bill is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

10. Schedule 1 to the Bill amends the Administrative Decisions (Judicial Review) Act 1977 , the Federal Court of Australia Act 1976 , the Federal Magistrates Act 1999 , the Judiciary Act 1903 and the Migration Act 1958 . Schedule 2 to the Bill amends the Federal Magistrates Act.


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