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This is a Bill, not an Act. For current law, see the Acts databases.


MIGRATION LEGISLATION AMENDMENT (PROCEDURAL FAIRNESS) BILL 2001

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:

1 Short title

This Act may be cited as the Migration Legislation Amendment (Procedural Fairness) Act 2001.

2 Commencement

(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.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments


Migration Act 1958

1 Before section 52

Insert in Subdivision AB:

51A Exhaustive statement of natural justice hearing rule

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:

97A Exhaustive statement of natural justice hearing rule

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:

118A Exhaustive statement of natural justice hearing rule

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:

127A Exhaustive statement of natural justice hearing rule

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:

357A Exhaustive statement of natural justice hearing rule

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:

358 Exhaustive statement of natural justice hearing rule

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:

357A Exhaustive statement of natural justice hearing rule

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:

422B Exhaustive statement of natural justice hearing rule

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).

 


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