Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Procedural Fairness) Bill
2002
No. ,
2002
(Immigration and Multicultural and Indigenous
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 2002.
This Act commences on the day after it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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:
(1) This Subdivision is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 494A to 494D, in so far as they relate to this
Subdivision, are taken to be an exhaustive statement of the requirements of the
natural justice hearing rule in relation to the matters they deal
with.
2 After section 97
Insert:
(1) This Subdivision is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 494A to 494D, in so far as they relate to this
Subdivision, are taken to be an exhaustive statement of the requirements of the
natural justice hearing rule in relation to the matters they deal
with.
3 Before section 119
Insert in Subdivision E:
(1) This Subdivision is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 494A to 494D, in so far as they relate to this
Subdivision, are taken to be an exhaustive statement of the requirements of the
natural justice hearing rule in relation to the matters they deal
with.
4 Before section 128
Insert in Subdivision F:
(1) This Subdivision is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 494A to 494D, in so far as they relate to this
Subdivision, are taken to be an exhaustive statement of the requirements of the
natural justice hearing rule in relation to the matters they deal
with.
5 Before section 358
Insert in Division 5:
(1) This Division is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 375, 375A and 376 and Division 8A, in so far as
they relate to this Division, are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters they
deal with.
6 Before section 423
Insert in Division 4:
(1) This Division is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters it
deals with.
(2) Sections 416, 437 and 438 and Division 7A, in so far as they
relate to this Division, are taken to be an exhaustive statement of the
requirements of the natural justice hearing rule in relation to the matters they
deal with.
7 Application
(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.
(5) The amendments made by items 5 and 6 apply in relation to any
application for review made on or after the commencement of those
items.
8 Relationship with section 474 of the
Migration Act 1958
The amendments made by items 1 to 6 are not to be taken to limit the
scope or operation of section 474 of the Migration Act 1958 in
relation to anything done, or omitted to be done, in relation to any matter
dealt with in any provision that is taken to be an exhaustive statement of the
requirements of the natural justice hearing rule by a section of that Act that
is inserted by one of those items.