Footnotes

CHAPTER 1 - Introduction

[1]        House of Representatives, Votes and Proceedings, No. 34—27 March 2014, pp 436-437.

[2]        Journals of the Senate, No. 26—27 March 2014, p. 741.

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

[4]        [2012] FCA 529.

[5]        The Hon Brendan O'Connor MP, Minister for Immigration and Citizenship, Second Reading Speech, House of Representatives Hansard, 30 May 2013, p. 4526.

[6]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions], June 2013.

[7]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions], June 2013, pp 19-20.

[8]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions], June 2013, p. 20.

[9]        Regulation Impact Statement, Migration Amendment (Offshore Resources Activity) Repeal Bill 2014, p. 5, Attachment A to Explanatory Memorandum.

[10]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 9.

[11]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 9.

[12]      Explanatory Memorandum, p. 2.

CHAPTER 2 - Key provisions of the Bill and issues raised

[1]        Senate Legal and Constitutional Affairs Legislation Committee, Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions], June 2013, p. 4.

[2]        Migration Amendment (Offshore Resources Activity) Bill 2013, Explanatory Memorandum, p. 22.

[3]        Migration Amendment (Offshore Resources Activity) Bill 2013, Explanatory Memorandum, p. 6.

[4]        Submission 4, p. 6.

[5]        Submission 7, p. 3.

[6]        Submission 7, p. 3.

[7]        Submission 3, p. 4.

[8]        Submission 4, p. 1.

[9]        Submission 3, p. 5.

[10]      Submission 2, p. 3.

[11]      Submission 8, p. 1.

[12]      Submission 6, p. 3.

[13]      Submission 6, p. 3.

[14]      Submission 8, p. 2; Submission 1, p. 1; Submission 2, p. 9.

[15]      Submission 6, p. 2.

[16]      Submission 4, p. 6. These amendments were included in the Off-shore Installations (Miscellaneous Amendments) Act 1982.

[17]      'Attachment to the seabed' is a key concept in the current scheme for determining whether a resources installation is in the migration zone, and therefore whether workers on a resources installation require a visa. See subsections 5(6) to (21) and section 8 of the Migration Act 1958, which provide for certain resource installations for be considered part of Australia if they are attached to the Australian seabed.

[18]       Submission 3, p. 5.

[19]      Submission 4, p. 7.

[20]      [2012] FCA 529.

[21]      Submission 4, p. 6.

[22]      Submission 7, pp 4-5.

[23]      AMMA, Submission to the Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions] Inquiry, June 2013, p. 5.

[24]      AMMA, Submission to the Migration Amendment (Offshore Resources Activity) Bill 2013 [Provisions] Inquiry, June 2013, pp 5-6, citing Allseas Construction S.A. v Minister for Immigration and Citizenship [2012] FCA 529 at [82].

[25]      The Department of Industry noted that, 'In 2012-13, Australia exported 23.9 million tonnes (mt) of LNG, valued at around A$14 billion, an increase in value of 17 per cent from the previous year. The Australian Bureau of Resources and Energy Economics (BREE) forecasts the value of the LNG exports for 2013-14 will increase to A$16 billion.' Submission 8, p. 1.

[26]      The Hon Scott Morrison MP, Minister for Immigration and Border Protection, Second Reading Speech, House of Representatives Hansard, 27 March 2014, p. 9.

[27]      DIBP and Customs, answers to written questions on notice, 23 May 2014 (received 3 June 2014), available at: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Migration_Offshore_Resources_Activity/Additional_Documents).

[28]      Submission 6, p. 3.

DISSENTING REPORT - The Migration Amendment (Offshore Resources Activity) Repeal Bill 2014

[1]        Bureau of Resources and Energy Economics, Resources and Energy Major Projects October 2013.

[2]        Australian Bureau of Statistics, Labour Force Statistics November 2013.

[3]        Maritime Union of Australia, Submission to the Senate Legal and Constitutional Affairs Committee Inquiry into the Migration Amendment (Offshore Resources Activity) Repeal Bill 2014.