2008

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

House of Representatives

 

 

 

 

 

 

Migration Amendment (Notification Review) Bill 2008

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

 

 

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Immigration and Citizenship,

Senator the Hon. Chris Evans)

AMENDMENTS TO THE MIGRATION AMENDMENT (Notification Review) BILL 2008

 

 

OUTLINE

 

The amendments to the Migration Amendment (Notification Review) Bill 2008 (“the Bill”) are to ensure that measures contained in the Bill operate consistently with their intention.  Following the introduction of the Bill into Parliament, it became apparent that these provisions produced unintended consequences in terms of errors in the notification document and also in relation to the compliance operations of the Department of Immigration and Citizenship.

 

The amendments remove provisions in Schedule 1 to the Bill relating to substantial compliance with the notification requirements in the Act.

 

 

FINANCIAL IMPACT STATEMENT

 

The amendments to the Bill will have a nil financial impact.

 

 

 

AMENDMENTS TO THE MIGRATION AMENDMENT (Notification Review) Bill 2008

 

NOTES ON AMENDMENTS

 

1.                   The amendments remove proposed provisions in Schedule 1 to the Migration Amendment (Notification Review) Bill 2008 (“the Bill”) which relate to notification and substantial compliance with the required contents of a notice or notification document.  These provisions provide that a person is taken to have received a document even if the document, the envelope containing the document or any accompanying material, contains an error or omission that is minor or insignificant, unless the person can show that the error or omission substantially prejudices him or her.

 

2.                   Following the introduction of the Bill into Parliament, it became apparent that these provisions produced unintended consequences in terms of errors in the notification document and also in relation to the compliance operations of the Department of Immigration and Citizenship.

 

3.                   The provisions in Schedule 1 to the Bill which will be removed are:

 

·                      379AA(4) in item 2

·                      379C(7) in item 9

·                      379G(2A) in item 10

·                      441AA(4) in item 12

·                      441C(7) in item 19

·                      441G(2A) in item 20

·                      494A(5) in item 22

·                      494C(7) in item 27, and

·                      494D(2A) in item 28.

 

4.                   Proposed subsection 379AA(4) sought to provide that the Migration Review Tribunal (“the MRT”) is taken to have given a document to a person under section 379AA even if the document, the envelope containing the document or any accompanying material, contains an error or omission that is minor or insignificant, unless the person can show that the error or omission substantially prejudices him or her.  Similar provisions are subsection 441AA(4) relating to the Refugee Review Tribunal (“the RRT”) and subsection 494A(5) relating to the Minister.

 

5.                   Proposed subsection 379G(2A) sought to provide that the MRT is taken to have given a document to the authorised recipient even if the document, the envelope containing the document or any accompanying material, contains an error or omission that is minor or insignificant, unless the applicant can show that the error or omission substantially prejudices him or her.  Similar provisions are subsection 441G(2A) relating to the RRT and subsection 494D(2A) relating to the Minister.

 

6.                   Proposed subsection 379C(7) sought to provide that a person is taken to have received a document at the times mentioned in section 379C even if the document, the envelope containing the document or any accompanying material, contains an error or omission that is minor or insignificant, unless the person can show that such error or omission substantially prejudices him or her.  This subsection sought to operate in the context of the MRT.  Similar provisions are subsection 441C(7) relating to the RRT and subsection 494C(7) relating to the Minister.

 

7.                   As a consequence of removing the proposed subsections 379C(7), 441C(7) and 494C(7), minor technical amendments are required to be made to subsections 379C(8), 441C(8) and 494C(8) by replacing “(8)” with “(7)”.