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A Bill for an Act to amend the Migration Act 1958, and for other purposes
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Introduced HR 25 Mar 2004

Migration Amendment (Judicial Review) Bill 2004
First Reading

Migration Amendment (Judicial Review) Bill 2004
First Reading

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2002-2003-2004

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Migration Amendment (Judicial Review) Bill 2004

No. , 2004

(Immigration and Multicultural and Indigenous Affairs)

A Bill for an Act to amend the Migration Act 1958, and for other purposes

Contents

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Amendments relating to judicial review       3

Part 1--Amendments       3

Administrative Decisions (Judicial Review) Act 1977       3

Migration Act 1958       3

Part 2--Application of amendments       6

A Bill for an Act to amend the Migration Act 1958, and for other purposes

The Parliament of Australia enacts:

1 Short title

        This Act may be cited as the Migration Amendment (Judicial Review) Act 2004.

2 Commencement

       (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.


2. Schedule 1

A
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single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.


Note:       This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

       (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

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

Part 1--Amendments

Administrative Decisions (Judicial Review) Act 1977

1 Paragraph (da) of Schedule 1

Repeal the paragraph, substitute:

       (da) a privative clause decision within the meaning of subsection 5(1) of the Migration Act 1958;

Migration Act 1958

2 Subsection 5(1) (definition of privative clause decision)

Repeal the definition, substitute:

privative clause decision (except in section 474) means:

       (a) a privative clause decision within the meaning of subsection 474(2); or

       (b) a purported decision that would be a privative clause decision within the meaning of subsection 474(2) if there had not been:

       (i) a failure to exercise jurisdiction; or

       (ii) an excess of jurisdiction;

        in the making of the purported decision.

For the purposes of paragraph (b), decision, when used in the expression purported decision, includes anything listed in subsection 474(3).

3 After subsection 477(1)

Insert:

       (1AA) The Federal Court may, by order, extend that 28 day period by up to 56 days if:

       (a) an application for that order is made within 84 days of the notification of the decision; and

       (b) the Federal Court is satisfied that it is in the interests of the administration of justice to do so.

4 After subsection 477(1A)

Insert:

       (1B) The Federal Magistrates Court may, by order, extend that 28 day period by up to 56 days if:

       (a) an application for that order is made within 84 days of the notification of the decision; and

       (b) the Federal Magistrates Court is satisfied that it is in the interests of the administration of justice to do so.

5 Subsection 477(2)

Omit "The Federal Court", substitute "Except as provided by subsection (1AA) or (1B), the Federal Court".

6 Section 478

Omit "section 477", substitute "subsection 477(1) or (1A)".

7 Section 479

Omit "section 477", substitute "subsection 477(1) or (1A)".

8 Subsection 480(1)

Omit "section 477", substitute "subsection 477(1) or (1A)".

9 Section 481

Omit "section 477", substitute "subsection 477(1) or (1A)".

10 Subsection 486A(1)

Omit "35 days of the actual (as opposed to deemed) notification", substitute "28 days of the notification".

11 After subsection 486A(1)

Insert:

       (1A) The High Court may, by order, extend that 28 day period by up to 56 days if:

       (a) an application for that order is made within 84 days of the notification of the decision; and

       (b) the High Court is satisfied that it is in the interests of the administration of justice to do so.

12 Subsection 486A(2)

Omit "The High Court", substitute "Except as provided by subsection (1A), the High Court".

13 Subsection 486A(2)

Omit "35 day", substitute "28 day".

Part 2--Application of amendments

14 Application of amendments

(1)       The amendments made by this Schedule apply in relation to a decision of an administrative character made, purportedly made, proposed to be made, or required to be made, as the case may be, after the commencement of this item.

(2)       For the purposes of subitem (1), decision includes anything listed in subsection 474(3) of the Migration Act 1958.