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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Procedural Fairness) Bill
2001
No. ,
2001
(Immigration and Multicultural
Affairs)
A Bill for an Act to amend the
Migration Act 1958, and for related purposes
Contents
Migration Act
1958 3
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Procedural Fairness) Act 2001.
(1) Sections 1 to 3 and items 1, 2, 3, 4 and 9 of
Schedule 1 commence on the day after the day on which this Act receives the
Royal Assent.
(2) Items 5 to 8 and 10 to 12 of Schedule 1 commence as
follows:
(a) if Parts 4 to 10 of the Administrative Review Tribunal Act
2001 have not commenced before the day after the day on which this Act
receives the Royal Assent:
(i) items 5, 8 and 10 commence on the day after the day on which this
Act receives the Royal Assent; and
(ii) items 6 and 11 do not commence at all; and
(iii) items 7 and 12 commence immediately after the commencement of
Parts 4 to 10 of the Administrative Review Tribunal Act
2001;
(b) otherwise:
(i) items 6 and 11 commence on the day after the day on which this
Act receives the Royal Assent; and
(ii) items 5, 7, 8, 10 and 12 do not commence at all.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Before section 52
Insert in Subdivision AB:
This Subdivision and sections 494A to 494D are taken to be an
exhaustive statement of the requirements of the natural justice hearing rule in
relation to the matters dealt with in this Subdivision.
2 After section 97
Insert:
This Subdivision and sections 494A to 494D are taken to be an
exhaustive statement of the requirements of the natural justice hearing rule in
relation to the matters dealt with in this Subdivision.
3 Before section 119
Insert in Subdivision E:
This Subdivision and sections 494A to 494D are taken to be an
exhaustive statement of the requirements of the natural justice hearing rule in
relation to the matters dealt with in this Subdivision.
4 Before section 128
Insert in Subdivision F:
This Subdivision and sections 494A to 494D are taken to be an
exhaustive statement of the requirements of the natural justice hearing rule in
relation to the matters dealt with in this Subdivision.
5 Before section 358
Insert in Division 5:
The following provisions are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters
dealt with in this Part:
(a) this Division;
(b) sections 375, 375A and 376;
(c) Division 8A.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the day after the day on which this
Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
6 Before section 359
Insert in Division 5:
The following provisions are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters
dealt with in this Part in respect of the review by the Tribunal of reviewable
general visa decisions or reviewable protection visa decisions:
(a) this Division;
(b) sections 375, 375A and 376;
(c) Division 9.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the day after the day on which
this Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
7 Section 357A
Repeal the section, substitute:
The following provisions are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters
dealt with in this Part in respect of the review by the Tribunal of reviewable
general visa decisions or reviewable protection visa decisions:
(a) this Division;
(b) sections 375, 375A and 376;
(c) Division 9.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the day after the day on which this
Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
8 Before section 423
Insert in Division 4:
The following provisions are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters
dealt with in this Part:
(a) section 416;
(b) this Division;
(c) sections 437 and 438;
(d) Division 7A.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the day after the day on which this
Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
9 Application—items 1 to
4
(1) The amendment made by item 1 applies in relation to any
application for a visa made on or after the commencement of that item.
(2) The amendment made by item 2 applies in relation to any
cancellation of a visa under section 109 of the Migration Act 1958
on or after the commencement of that item, where a notice in relation to the
cancellation was given under section 107 of that Act on or after
that commencement.
(3) The amendment made by item 3 applies in relation to any
cancellation of a visa under section 116 of the Migration Act 1958
on or after the commencement of that item, where a notice in relation to the
cancellation was given under section 119 of that Act on or after
that commencement.
(4) The amendment made by item 4 applies in relation to any
cancellation of a visa under section 128 of the Migration Act 1958
on or after the commencement of that item.
10 Application—items 5 and
8
The amendments made by items 5 and 8 apply in relation to any
application for review made on or after the commencement of those
items.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the day after the day on which this
Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
11
Application—item 6
The amendment made by item 6 applies in relation to any application
for review made on or after the commencement of that item.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have not commenced before the day after the day on which
this Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).
12
Application—item 7
The amendment made by item 7 applies in relation to any application
for review made on or after the commencement of that item.
Note: If Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 have commenced before the day after the day on which this
Act receives the Royal Assent, this item does not commence at all. See
subsection 2(2).