Migration Legislation Amendment (Procedural Fairness) Act 2002

No. 60, 2002

An Act to amend the Migration Act 1958, and for related purposes

[Assented to 3 July 2002]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Migration Legislation Amendment (Procedural Fairness) Act 2002.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments

Migration Act 1958

1 Before section 52

Insert in Subdivision AB:

51A Exhaustive statement of natural justice hearing rule

(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:

97A Exhaustive statement of natural justice hearing rule

(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.

3 Before section 119

Insert in Subdivision E:

118A Exhaustive statement of natural justice hearing rule

(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.

4 Before section 128

Insert in Subdivision F:

127A Exhaustive statement of natural justice hearing rule

(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.

5 Before section 358

Insert in Division 5:

357A Exhaustive statement of natural justice hearing rule

(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:

422B Exhaustive statement of natural justice hearing rule

(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.