Migration Amendment (Repairing Medical Transfers) Bill 2019 [2019] AUSStaCSBSD 52 (24 July 2019)

• Migration Amendment (Repairing Medical Transfers) Bill 2019
• Trespass on rights and liberties 51

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Migration Amendment (Repairing Medical Transfers) Bill 2019

Purpose	This bill seeks to amend the Migration Act 1958 to repeal the medical transfer provisions inserted by Schedule 6 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019
Portfolio	Home Affairs
Introduced	House of Representatives on 4 July 2019

Trespass on rights and liberties ^[51]

1.71 The bill seeks to amend the Migration Act 1958 to repeal the medical transfer provisions inserted by Schedule 6 to the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019.

1.72 Sub-item 15(1) of Schedule 1 to the bill provides that subsection 7(2) of the Acts Interpretation Act 1901 (Acts Interpretation Act) does not apply to the repeal of the medical transfer provisions. Subsection 7(2) of the Acts Interpretation Act provides that if an Act is repealed, then the repeal does not affect the previous operation of the Act or any rights, privileges, liabilities or obligations accrued or incurred under the Act prior to its repeal. Subsection 7(2) also ensures that any investigations or legal proceedings that were instituted prior to the repeal may continue as if the Act was still in force.

1.73 The committee considers that any provision of a bill which may trespass upon a person's rights or liberties should be soundly justified in the explanatory memorandum. In this instance, the explanatory memorandum states that:

Subsection 7(2) of the Acts Interpretation Act would, if applicable, preserve, amongst other things, any right, privilege, obligation or liability acquired, accrued or incurred under the medical transfer provisions.^[52]

1.74 However, the committee notes that the explanatory memorandum does not appear to explain why it is necessary to exclude the application of subsection 7(2) of the Acts Interpretation Act from the repeal of the medical transfer provisions, and, as a result, what rights or privileges acquired or accrued by persons under the previous provisions will be affected by the repeal of the medical transfer provisions.

1.75 The committee requests the minister's more detailed information as to why it is necessary and appropriate to include sub-item 15(1) of Schedule 1 to the bill and whether its inclusion will trespass on the rights and liberties of any person.

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[51] Schedule 1, item 15. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(i).

[52] Explanatory memorandum, p 7.