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Migration Amendment (Notification Review) Act 2008

Authoritative Version
Act No. 112 of 2008 as made
An Act to amend the law relating to migration, and for related purposes
Administered by: Home Affairs
Originating Bill: Migration Amendment (Notification Review) Bill 2008
Registered 11 Nov 2008
Date of Assent 31 Oct 2008
Table of contents.

 

 

 

 

 

 

Migration Amendment (Notification Review) Act 2008

 

No. 112, 2008

 

 

 

 

 

An Act to amend the law relating to migration, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 4

Schedule 1—Migration Act 1958                                                                                  5

 


 

 

 

Migration Amendment (Notification Review) Act 2008

No. 112, 2008

 

 

 

An Act to amend the law relating to migration, and for related purposes

[Assented to 31 October 2008]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Migration Amendment (Notification Review) Act 2008.

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.

31 October 2008

2.  Schedule 1, items 1 and 2

A 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.

5 December 2008 (see F2008L04521)

3.  Schedule 1, item 3

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) immediately after the commencement of item 13 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

5 December 2008
(paragraph (a) applies)

4.  Schedule 1, item 4

At the same time as the provision(s) covered by table item 2.

5 December 2008

5.  Schedule 1, item 5

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) immediately after the commencement of item 13 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

5 December 2008
(paragraph (a) applies)

6.  Schedule 1, items 6 to 12

At the same time as the provision(s) covered by table item 2.

5 December 2008

7.  Schedule 1, item 13

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) immediately after the commencement of item 26 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

5 December 2008
(paragraph (a) applies)

8.  Schedule 1, item 14

At the same time as the provision(s) covered by table item 2.

5 December 2008

9.  Schedule 1, item 15

The later of:

(a) immediately after the commencement of the provision(s) covered by table item 2; and

(b) immediately after the commencement of item 26 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

5 December 2008
(paragraph (a) applies)

10.  Schedule 1, items 16 to 29

At the same time as the provision(s) covered by table item 2.

5 December 2008

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of 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 1Migration Act 1958

  

1  Section 379AA

Before “If”, insert “(1)”.

2  At the end of section 379AA

Add:

             (2)  If a person is a minor, the Tribunal may give a document to an individual who is at least 18 years of age if a member, the Registrar, a Deputy Registrar or another officer of the Tribunal reasonably believes that:

                     (a)  the individual has day‑to‑day care and responsibility for the minor; or

                     (b)  the individual works in or for an organisation that has day‑to‑day care and responsibility for the minor and the individual’s duties, whether alone or jointly with another person, involve care and responsibility for the minor.

             (3)  If the Tribunal gives a document to an individual, as mentioned in subsection (2), the Tribunal is taken to have given the document to the minor. However, this does not prevent the Tribunal giving the minor a copy of the document.

3  After subsection 379AA(2)

Insert:

          (2A)  However, subsection (2) does not apply if section 379EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

4  After subsection 379A(1)

Insert:

          (1A)  If a person is a minor, the Tribunal may use the methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be, a document to an individual (a carer of the minor):

                     (a)  who is at least 18 years of age; and

                     (b)  who a member, the Registrar, a Deputy Registrar or another officer of the Tribunal reasonably believes:

                              (i)  has day‑to‑day care and responsibility for the minor; or

                             (ii)  works in an or for organisation that has day‑to‑day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

Note:          If the Tribunal gives an individual a document by the method mentioned in subsection (4) or (5), the individual is taken to have received the document at the time specified in section 379C in respect of that method.

5  After subsection 379A(1A)

Insert:

          (1B)  However, subsection (1A) does not apply if section 379EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

6  At the end of paragraph 379A(4)(c)

Add:

                     ; or (iii)  if the recipient is a minor—the last address for a carer of the minor that is known by the member, Registrar, Deputy Registrar or other officer.

7  Subsection 379A(5)

Omit all the words after paragraph (c), substitute:

to:

                     (d)  the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review; or

                     (e)  if the recipient is a minor—the last fax number, e‑mail address or other electronic address, as the case may be, for a carer of the minor that is known by the member, Registrar, Deputy Registrar or other officer.

8  At the end of section 379A

Add:

Documents given to a carer

             (6)  If the Tribunal gives a document to a carer of a minor, the Tribunal is taken to have given the document to the minor. However, this does not prevent the Tribunal giving the minor a copy of the document.

9  At the end of section 379C

Add:

Document not given effectively

             (7)  If:

                     (a)  the Tribunal purports to give a document to a person in accordance with a method specified in section 379A (including in a case covered by section 379AA) but makes an error in doing so; and

                     (b)  the person nonetheless receives the document or a copy of it;

then the person is taken to have received the document at the times mentioned in this section as if the Tribunal had given the document to the person without making an error in doing so, unless the person can show that he or she received it at a later time, in which case, the person is taken to have received it at that time.

11  Section 441AA

Before “If”, insert “(1)”.

12  At the end of section 441AA

Add:

             (2)  If a person is a minor, the Tribunal may give a document to an individual who is at least 18 years of age if a member, the Registrar or an officer of the Tribunal reasonably believes that:

                     (a)  the individual has day‑to‑day care and responsibility for the minor; or

                     (b)  the individual works in or for an organisation that has day‑to‑day care and responsibility for the minor and the individual’s duties, whether alone or jointly with another person, involve care and responsibility for the minor.

             (3)  If the Tribunal gives a document to an individual, as mentioned in subsection (2), the Tribunal is taken to have given the document to the minor. However, this does not prevent the Tribunal giving the minor a copy of the document.

13  After subsection 441AA(2)

Insert:

          (2A)  However, subsection (2) does not apply if section 441EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

14  After subsection 441A(1)

Insert:

          (1A)  If a person is a minor, the Tribunal may use the methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be, a document to an individual (a carer of the minor):

                     (a)  who is at least 18 years of age; and

                     (b)  who a member, the Registrar or an officer of the Tribunal reasonably believes:

                              (i)  has day‑to‑day care and responsibility for the minor; or

                             (ii)  works in or for an organisation that has day‑to‑day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

Note:          If the Tribunal gives an individual a document by the method mentioned in subsection (4) or (5), the individual is taken to have received the document at the time specified in section 441C in respect of that method.

15  After subsection 441A(1A)

Insert:

          (1B)  However, subsection (1A) does not apply if section 441EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

16  At the end of paragraph 441A(4)(c)

Add:

                     ; or (iii)  if the recipient is a minor—the last address for a carer of the minor that is known by the member, Registrar or other officer.

17  Subsection 441A(5)

Omit all the words after paragraph (c), substitute:

to:

                     (d)  the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review; or

                     (e)  if the recipient is a minor—the last fax number, e‑mail address or other electronic address, as the case may be, for a carer of the minor that is known by the member, Registrar or other officer.

18  At the end of section 441A

Add:

Documents given to a carer

             (6)  If the Tribunal gives a document to a carer of a minor, the Tribunal is taken to have given the document to the minor. However, this does not prevent the Tribunal giving the minor a copy of the document.

19  At the end of section 441C

Add:

Document not given effectively

             (7)  If:

                     (a)  the Tribunal purports to give a document to a person in accordance with a method specified in section 441A (including in a case covered by section 441AA) but makes an error in doing so; and

                     (b)  the person nonetheless receives the document or a copy of it;

then the person is taken to have received the document at the times mentioned in this section as if the Tribunal had given the document to the person without making an error in doing so, unless the person can show that he or she received it at a later time, in which case, the person is taken to have received it at that time.

21  Section 494A

Before “If”, insert “(1)”.

22  At the end of section 494A

Add:

             (2)  If a person is a minor, the Minister may give a document to an individual who is at least 18 years of age if the Minister reasonably believes that:

                     (a)  the individual has day‑to‑day care and responsibility for the minor; or

                     (b)  the individual works in or for an organisation that has day‑to‑day care and responsibility for the minor and the individual’s duties, whether alone or jointly with another person, involve care and responsibility for the minor.

             (3)  However, subsection (2) does not apply if subsection 52(3C) (which relates to giving notifications in the case of combined applications) applies in relation to the minor.

             (4)  If the Minister gives a document to an individual, as mentioned in subsection (2), the Minister is taken to have given the document to the minor. However, this does not prevent the Minister giving the minor a copy of the document.

23  After subsection 494B(1)

Insert:

          (1A)  If a person is a minor, the Minister may use the methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be, a document to an individual (a carer of the minor):

                     (a)  who is at least 18 years of age; and

                     (b)  who the Minister reasonably believes:

                              (i)  has day‑to‑day care and responsibility for the minor; or

                             (ii)  works in or for an organisation that has day‑to‑day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

Note:          If the Minister gives an individual a document by the method mentioned in subsection (4) or (5), the individual is taken to have received the document at the time specified in section 494C in respect of that method.

          (1B)  However, subsection (1A) does not apply if subsection 52(3C) (which relates to giving notifications in the case of combined applications) applies in relation to the minor.

24  At the end of paragraph 494B(4)(c)

Add:

                     ; or (iii)  if the recipient is a minor—the last address for a carer of the minor that is known by the Minister.

25  Subsection 494B(5)

Omit all the words after paragraph (c), substitute:

to:

                     (d)  the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Minister for the purposes of receiving documents; or

                     (e)  if the recipient is a minor—the last fax number, e‑mail address or other electronic address, as the case may be, for a carer of the minor that is known by the Minister.

26  At the end of section 494B

Add:

Documents given to a carer

             (7)  If the Minister gives a document to a carer of a minor, the Minister is taken to have given the document to the minor. However, this does not prevent the Minister giving the minor a copy of the document.

27  At the end of section 494C

Add:

Document not given effectively

             (7)  If:

                     (a)  the Minister purports to give a document to a person in accordance with a method specified in section 494B (including in a case covered by section 494A) but makes an error in doing so; and

                     (b)  the person nonetheless receives the document or a copy of it;

then the person is taken to have received the document at the times mentioned in this section as if the Minister had given the document to the person without making an error in doing so, unless the person can show that he or she received it at a later time, in which case, the person is taken to have received it at that time.

29  Application

The amendments made by this Schedule apply to a document given, dispatched or transmitted on or after the day on which this item commences.

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 4 September 2008

Senate on 13 October 2008]

(164/08)