Senate

Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014

Revised Explanatory Memorandum - Extracts Only

Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC

THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY THE SENATE TO THE BILL AS INTRODUCED AND SUPERSEDES THE REPLACEMENT EXPLANATORY MEMORANDUM TABLED IN THE SENATE

Notes on clauses

Preliminary

Clause 1 - Short title

405. This clause provides for the Bill to be cited as the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014.

Clause 2 - Commencement

406. This clause provides for the commencement of each provision in the Bill, as set out in the table.

407. Sections 1 to 3 commence on the day the Act receives Royal Assent. Schedules 1 to 2 commence on the 28th day after the Act receives Royal Assent. Schedules 3 to 5 will commence on the day after this Act receives Royal Assent. Schedule 6 will commence on 1 July 2015.

408. Schedule 7, which provides for amendments that relate to seizing bogus documents, commences according to table items 5 to 13 of the Commencement Information table.

409. Table items 5, 8, 10 and 13 provide that items 1 to 3 and items 6, 8 and 11 of Schedule 7 commence on the day after the Act receives Royal Assent.

410. Table items 6, 7, 9, 11 and 12 refer to items in Schedule 7 that make amendments that are contingent on the commencement of the Migration Amendment (Protection and Other Measures) Act 2014 (POM Act).

411. The POM Act re-locates the definition of 'bogus document' from section 97 of the Migration Act to subsection 5(1) of that Act. Items 4, 5, 7, 9 and 10 of Schedule 7 provide alternative amendments to refer to the term 'bogus document' as defined in section 97 of the Migration Act if the POM Act has not yet commenced or refer to the term 'bogus document' as defined in subsection 5 (1) if the POM Act has commenced first. The commencement of each item depends on whether or not the POM Act has already commenced.

Clause 3 - Schedules

412. Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.


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