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Migration Legislation Amendment (Procedural Fairness) Bill 2001
Schedule  1 Amendments

   

Migration Act 1958

1  Before section 52

Insert in Subdivision AB:

51A   Exhaustive statement of natural justice hearing rule

                   This Subdivision and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Subdivision.

2  After section 97

Insert:

97A   Exhaustive statement of natural justice hearing rule

                   This Subdivision and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Subdivision.

3  Before section 119

Insert in Subdivision E:

118A   Exhaustive statement of natural justice hearing rule

                   This Subdivision and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Subdivision.

4  Before section 128

Insert in Subdivision F:

127A   Exhaustive statement of natural justice hearing rule

                   This Subdivision and sections 494A to 494D are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Subdivision.

5  Before section 358

Insert in Division 5:

357A   Exhaustive statement of natural justice hearing rule

                   The following provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Part:

                     (a)  this Division;

                     (b)  sections 375, 375A and 376;

                     (c)  Division 8A.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

6  Before section 359

Insert in Division 5:

358  Exhaustive statement of natural justice hearing rule

                   The following provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Part in respect of the review by the Tribunal of reviewable general visa decisions or reviewable protection visa decisions:

                     (a)  this Division;

                     (b)  sections 375, 375A and 376;

                     (c)  Division 9.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have not commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

7  Section 357A

Repeal the section, substitute:

357A   Exhaustive statement of natural justice hearing rule

                   The following provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Part in respect of the review by the Tribunal of reviewable general visa decisions or reviewable protection visa decisions:

                     (a)  this Division;

                     (b)  sections 375, 375A and 376;

                     (c)  Division 9.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

8  Before section 423

Insert in Division 4:

422B   Exhaustive statement of natural justice hearing rule

                   The following provisions are taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters dealt with in this Part:

                     (a)  section 416;

                     (b)  this Division;

                     (c)  sections 437 and 438;

                     (d)  Division 7A.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

9  Application—items 1 to 4

(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.

10  Application—items 5 and 8

The amendments made by items 5 and 8 apply in relation to any application for review made on or after the commencement of those items.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

11  Application—item 6

The amendment made by item 6 applies in relation to any application for review made on or after the commencement of that item.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have not commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).

12  Application—item 7

The amendment made by item 7 applies in relation to any application for review made on or after the commencement of that item.

Note:       If Parts 4 to 10 of the Administrative Review Tribunal Act 2001 have commenced before the day after the day on which this Act receives the Royal Assent, this item does not commence at all. See subsection 2(2).