Footnotes

Footnotes

CHAPTER 1 - INTRODUCTION

[1]        House of Representatives, Votes and Proceedings, No. 167—30 May 2013, pp 2317-2318.

[2]        Journals of the Senate, No. 148—18 June 2013, p. 4048.

[3]        The Hon Chris Bowen MP, Minister for Immigration and Citizenship, 'Government to legislate on visa status of offshore resource workers', Media Release, 15 October 2012.

[4]        [2012] FCA 529. The Federal Court of Australia held that, by operation of subsection 5(13) of the Migration Act 1958 (Migration Act), two pipe-laying vessels were not Australian resource installations and, as a result, the non-citizens working on those vessels were not within, or working within, the migration zone and in need of a visa: see Explanatory Memorandum (EM), p. 1.

[5]        The Hon Brendan O'Connor MP, Minister for Immigration and Citizenship, Second Reading Speech, House of Representatives Hansard, 30 May 2013, p. 9.

[6]        EM, p.1.

[7]        EM, pp 1, 10. The term 'migration zone' is defined in subsection 5(1) of the Migration Act.

[8]        The Hon Brendan O'Connor MP, Minister for Immigration and Citizenship, Second Reading Speech, House of Representatives Hansard, 30 May 2013, p. 8.

[9]        EM, p. 2.

CHAPTER 2 - KEY PROVISIONS OF THE BILL AND ISSUES RAISED

[1]        EM, pp 9, 11. Proposed new section 9A will also clarify how the new framework will operate by deeming when persons are taken to be in Australia, taken to travel to Australia, taken to enter Australia and/or taken to leave Australia.

[2]        EM, p. 9.

[3]        EM, p. 10. The EM explains that this specific visa will be prescribed in the Migration Regulations 1994. See: EM, p. 22.

[4]        EM, p. 22.

[5]        EM, p. 11, 17.

[6]        EM, p. 17. Also see: p. 11.

[7]        Submission 3, [p. 1].

[8]        Submission 4, p. 2.

[9]        Submission 4, p. 1.

[10]      Submission 1, p. 1.

[11]      Submission 1, p. 2.

[12]      Submission 5, p. 3.

[13]      Committee Hansard, 21 June 2013, p. 14.

[14]      Submission 7, p. 3.

[15]      EM, pp 18-19.

[16]      Proposed new subsection 9A(7) provides that determinations made under proposed new subsection 9A(6) are legislative instruments but are not subject to section 42 (disallowance) of the Legislative Instruments Act 2003 pursuant to section 44 of that Act.

[17]      Submission 5, pp 11-12. The Australian Shipowners Association (ASA) also raised concerns in relation to proposed new subsection 9A(6) stating that it is 'not clear how a Ministerial determination of what constitutes an 'offshore resources activity' would work with respect to these vessels'. See: Submission 2, p. 2.

[18]      Submission 7, p. 4.

[19]      The Department of Resources, Energy and Tourism noted that in 2011-12 Australia exported 19.3 million tonnes of LNG valued at around $12 billion. Forecasts indicate that in 2012-13 the value of LNG exports will increase to $16.3 billion. Australia is the fourth largest LNG exporter. Export capacity is expected to grow from the current 24 million tonnes per annum to exceed 80 million tonnes per annum by 2016-17. See: Submission 6, [p. 1].

[20]      Submission 6, [p. 1].

[21]      Committee Hansard, 21 June 2013, p. 16.

[22]      Committee Hansard, 21 June 2013, p. 15.

[23]      Submission 7, p. 6. Article 56(1) of UNCLOS provides Australia with sovereign rights for the purpose of exploring and exploiting the natural resources of the EEZ. The jurisdiction accorded to Australia by Article 56(1) must, by operation of Article 56(2), be exercised with due regard to the rights and duties of other States. The effect of the proviso in Article 56(2) is to ensure that vessels that are not engaged in activities for which the coastal State has jurisdiction under Article 56(1) are not unduly hindered by the activities of the coastal State, and that freedoms such as freedom of navigation, freedom to lay cables and pipelines (which do not come to Australia) and other high seas freedoms are preserved. Coastal states which permit foreign vessels and structures to engage in exploration and exploitation of natural resources within their EEZ or their continental shelf do so on conditions which include the regulation of a number of matters which would, on the high seas, be the preserve of the flag state. See: Submission 7, pp 6-7.

DISSENTING REPORT BY COALITION SENATORS

[1]        Department of Immigration and Citizenship, Submission 7, p. 4.

[2]        EM, p. 2.

[3]        Mr Scott Barklamb, Executive Director, Australian Mines and Metals Association, Committee Hansard, 21 June 2013, p. 6.

[4]        Submission 3, p. 1.

[5]        Committee Hansard, 21 June 2013, p. 7.

[6]        EM, p. 2.

[7]        'MWU wants gas plant cooks paid $230,000 annually', Perth Now, 14 May 2013 http://www.perthnow.com.au/news/western-australia/gas-plant-cooks-want-230000/story-fnhocxo3-1226642040247, (accessed 23 June 2013).

[8]        RIS, p. 4.

[9]        Submission 5, p. 19.

[10]      Committee Hansard, p. 8.

[11]      Submission 5, p. 11.

[12]      Submission 4, p. 1.

[13]      Committee Hansard, 21 June 2013, p. 11.

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