House of Representatives

Border Protection Legislation Amendment Bill 1999

Explanatory Memorandum

(Circulated by authority of the Minister for Immigration and Multicultural Affairs, the Hon. Philip Ruddock MP)

Notes on individual clauses

Clause 1 - Short title

The short title by which this Act will be known is the Border Protection Legislation Amendment Act 1999.

Clause 2 - Commencement

Subclause 2(1) provides that sections 1, 2 and 3 of the Act commence on the day on which the Act receives the Royal Assent.

Subclause 2(2) provides that Division 2 of Part 3 of Schedule 1 commences immediately after the commencement of Schedule 2 to the Fisheries Legislation Amendment Act (No.1) 1999 .

Subclause 2(3) provides that Part 5 of Schedule 1 is taken to have commenced on 1 September 1994, immediately after the commencement of section 83 of the Migration Legislation Amendment Act 1994 .

Subclause 2(4) provides that Parts 1 and 3 of Schedule 3 commence at the same time as the item in Schedule 2 that inserts section 189A into the Customs Act 1901 .

Subclause 2(5) provides that Division 2 of Part 2 of Schedule 3 commences immediately after the commencement of Schedule 2 to the Fisheries Legislation Amendment Act (No.1) 1999 .

Subclause 2(6) provides that, subject to subsection (7) and (8), the remaining provisions commence on Proclamation.

Subclause 2(7) provides that the provisions referred to in subsection (6) will commence on the first day after the end of a period of 6 months after the Act receives the Royal Assent if the provisions have not commenced on Proclamation within that period.

Subclause 2(8) provides that, if apart from this subsection, an item of Schedule 2 would commence before the commencement of any of a number of specified amendments made by the Customs Legislation Amendment Act (No.1) 1999 to the Customs Act 1901 , then the item commences immediately after the last commencement of those amendments.

The Customs Legislation Amendment Act (No.1) 1998 introduces a number of new terms into the Customs Act 1901 . Those terms are used in the amendments to the Customs Act 1901 contained in this Act. This act also amends some of the provisions that are being introduced into or amended in the Customs Act 1901 by the Customs Legislation Amendment Act (No.1) 1998 . Hence the amendments to the Customs Act 1901 contained in this Act must commence after the amendments contained in the Customs Legislation Amendment Act (No.1) 1998.

Clause 3 - Schedule(s)

This clause provides that, subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as indicated, and any other item has effect according to its terms.


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