Home Affairs Act 2023

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Home Affairs Act 2023
Parliament of Australia
  • An Act to be administered by the Minister for Home Affairs, and for related purposes
Citation No. 19 of 2023
Assented to15 June 2023
Commenced15 June 2023
Status: In force

The Home Affairs Act 2023 (Cth) is an Act of the Parliament of Australia to cancel the Russian Federation's lease on a new embassy site within 500 metres of Parliament House. The Albanese Government introduced the Act in light of the Federal Court's decision in Government of the Russian Federation v Commonwealth of Australia Anor that the National Capital Authority's decision to terminate the lease was invalid. [1] [2]

Although the Act is only seven sections long, it is notable for how quickly Parliament enacted the legislation, taking 1 hour and 15 minutes to pass the House of Representatives and Senate. In each chamber, the Bill was debated for less than five minutes, [3] [4] and was granted Royal Assent on the same day. [5]

Dismissing Ukraine's interest in the site, Home Affairs Minister Clare O'Neill claims that the site will not be used for any other diplomatic purposes in the future due to its proximity to Parliament. [6] Kremlin spokesperson Dmitry Peskov was disappointed by the decision, saying that Australia should not fuel anti-Russian sentiment. [7]

On 23 June, a spokesperson for O'Neill revealed that Russia is preparing to challenge the legislation in the High Court of Australia on constitutional grounds. [8] On 26 June, the High Court dismissed the application. [9]

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References

  1. Justice Rares (31 May 2023). "Order for Government of the Russian Federation v Commonwealth of Australia". Federal Court of Australia.
  2. Roy, Tahlia (31 May 2023). "Court rules Russia can continue plans to build a new embassy in Canberra after failed eviction". ABC News. Retrieved 2023-06-21.
  3. Parliament of Australia (15 June 2023). "House of Representatives Hansard - Home Affairs Bill 2023". Australian Parliament House. Retrieved 2023-06-21.
  4. Parliament of Australia (15 June 2023). "Senate Hansard - Home Affairs Bill 2023". Australian Parliament House. Retrieved 2023-06-21.
  5. Commonwealth of Australia (15 June 2023). "Home Affairs Act 2023". Federal Register of Legislation. Retrieved 2023-06-21.
  6. Karp, Paul (15 June 2023). "Australian government passes law cancelling lease on new Russian embassy site over security concerns". The Guardian. Retrieved 2023-06-21.
  7. Jose, Renju (15 June 2023). "Australia cancels lease for new Russian embassy citing national security". Reuters. Retrieved 2023-06-21.
  8. Knaus, Christopher (23 June 2023). "Russia to launch high court challenge to keep embassy site near Australian parliament". The Guardian. ISSN   0261-3077 . Retrieved 2023-06-23.
  9. Government of the Russian Federation v Commonwealth of Australia, [2023] HCA 20.