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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Validation of
Decisions) Bill 2017
No. , 2017
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2017
Migration Amendment (Validation of Decisions) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Validation of decisions
3
Migration Act 1958
3
No. , 2017
Migration Amendment (Validation of Decisions) Bill 2017
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Migration Amendment (Validation of Decisions)
5
Act 2017.
6
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Validation of Decisions) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
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3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Validation of decisions Schedule 1
No. , 2017
Migration Amendment (Validation of Decisions) Bill 2017
3
Schedule 1--Validation of decisions
1
2
Migration Act 1958
3
1 Before section 504
4
Insert:
5
503E Validation of decisions
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(1) If:
7
(a) section 503A is not a valid law of the Commonwealth (in
8
whole or in part); and
9
(b) the Minister made a decision under section 501, 501A, 501B,
10
501BA, 501C or 501CA before the commencement of this
11
section;
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the decision is not invalid, and is taken never to have been invalid,
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merely because:
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(c) the Minister:
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(i) relied on; or
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(ii) had regard to; or
17
(iii) failed to disclose in accordance with any applicable
18
common law or statutory obligation;
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information that was covered, or purportedly covered, by
20
subsection 503A(1) or (2); or
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(d) the Minister made the decision on the basis of an erroneous
22
understanding of:
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(i) section 503A; or
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(ii) the protection that section 503A would provide against
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an obligation to disclose information.
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(2) However, subsection (1) does not affect rights or liabilities arising
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between parties to proceedings in which:
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(a) judgment is reserved by a court as at the commencement of
29
this section; or
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(b) judgment has been delivered by a court before the
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commencement of this section;
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Schedule 1 Validation of decisions
4
Migration Amendment (Validation of Decisions) Bill 2017
No. , 2017
and the judgment sets aside, or declares invalid, a decision made
1
by the Minister under section 501, 501A, 501B, 501BA, 501C or
2
501CA.
3
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