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Schedule 2—Other amendments

Schedule 2 Other amendments

Part 1 Responses to a written invitation

Migration Act 1958

1  Subparagraphs 359AA(1)(b)(ii), (iii) and (iv)

Omit “or respond to” (wherever occurring).

2  Paragraph 359A(1)(c)

Omit “or respond to”.

3  Subsection 359A(3)

Omit “or respond to” (wherever occurring).

4  Paragraph 359B(1)(b)

Omit “or respond to”.

5  Subsection 359B(1)

Omit “, or the comments or the response,”, substitute “or the comments”.

6  Subsection 359B(2)

Omit “, or comments or a response,”, substitute “or comments”.

7  Subsection 359B(2)

Omit “, or the comments or the response,”, substitute “or the comments”.

8  Subsection 359B(3)

Omit “, or comments or a response,”, substitute “or comments”.

9  Section 359C (heading)

Repeal the heading, substitute:

359C   Failure to give information or comments as invited

10  Paragraph 359C(2)(a)

Omit “or respond to”.

11  Paragraph 359C(2)(b)

Omit “or the response”.

12  Application of amendments

The amendments made by this Part apply in relation to a written invitation given by the Administrative Appeals Tribunal under section 359A of the Migration Act 1958 on or after the day this item commences.

Part 2 Officers of Tribunal

Migration Act 1958

13  Subsection 5(1)

Insert:

staff member , of the Tribunal, means a member of the staff of the Tribunal.

14  Section 337 (definition of officer of the Tribunal )

Repeal the definition.

15  Subsection 379AA(2)

Omit “or an officer”, substitute “, the Registrar or a staff member”.

16  Paragraph 379A(1A)(b)

Omit “or an officer”, substitute “, the Registrar or a staff member”.

17  Subsections 379A(2), (3) and (4)

Omit “or an officer”, substitute “, the Registrar or a staff member”.

18  Subparagraph 379A(4)(c)(iii)

Omit “or officer”, substitute “, the Registrar or the staff member of the Tribunal”.

19  Subsection 379A(5)

Omit “or an officer”, substitute “, the Registrar or a staff member”.

20  Paragraph 379A(5)(e)

Omit “or officer”, substitute “, the Registrar or the staff member of the Tribunal”.

21  Subsections 379B(2), (3) and (4)

Omit “or an officer”, substitute “, the Registrar or a staff member”.

22  Paragraph 379F(a)

Repeal the paragraph, substitute:

                     (a)  by giving the document or thing to:

                              (i)  the Registrar or a staff member of the Tribunal; or

                             (ii)  a person authorised in writing by the Registrar; or

23  Subsection 473JE(2)

Omit “officers of the Tribunal (within the meaning of the Administrative Appeals Tribunal Act 1975 )”, substitute “staff members of the Tribunal”.

24  Things done before commencement

(1)       This item applies for the purposes of section 379AA, 379A or 379B of the Migration Act 1958 .

(2)       A thing done by, or in relation to, an officer of the Tribunal under that section, as in force immediately before the commencement of this item, has effect, on and after that commencement, as if it had been done by, or in relation to, the Registrar or a staff member of the Tribunal.

(3)       This item is not taken to change the time at which the thing was actually done.

Part 3 Fast track reviewable decisions

Migration Act 1958

25  Subsection 379AA(1) (note 1)

Omit “a person”, substitute “any of them”.

26  Section 473CA

Before “The Minister”, insert “(1)”.

27  At the end of section 473CA

Add:

             (2)  The Minister may refer the following decisions to the Immigration Assessment Authority under subsection (1) together:

                     (a)  a fast track reviewable decision in relation to a fast track applicant;

                     (b)  a fast track reviewable decision in relation to another fast track applicant who is a member of the same family unit as the applicant mentioned in paragraph (a).

Note:          The Authority may review the decisions together, see section 473DG.

28  At the end of Division 3 of Part 7AA

Add:

Subdivision D Immigration Assessment Authority may review decisions together

473DG   Immigration Assessment Authority may review decisions together

             (1)  The Immigration Assessment Authority may review 2 or more fast track reviewable decisions together under section 473CC.

             (2)  Subsection (1) applies whether or not the decisions were referred to the Authority together as mentioned in subsection 473CA(2).

             (3)  To avoid doubt, subsection (1) does not require the Authority to review decisions together, even if the decisions were referred to the Authority together.

29  Subsection 473HA(1) (before the note)

Insert:

Note 1:       If the Minister referred fast track reviewable decisions in relation to 2 or more fast track applicants to the Immigration Assessment Authority together and the Authority reviews the decisions together, a document given to any of the applicants is taken to be given to each of them: see section 473HEA.

30  Subsection 473HA(1) (note)

Omit “Note”, substitute “Note 2”.

31  After subsection 473HA(2)

Insert:

          (2A)  However, subsection (2) does not apply if section 473HEA (which relates to giving documents in the case of decisions referred and reviewed together) applies in relation to the minor.

32  After subsection 473HB(2)

Insert:

          (2A)  However, subsection (2) does not apply if section 473HEA (which relates to giving documents in the case of decisions referred and reviewed together) applies in relation to the minor.

33  After section 473HE

Insert:

473HEA   Giving documents by Immigration Assessment Authority—decisions referred and reviewed together

                   If:

                     (a)  the Minister referred fast track reviewable decisions in relation to 2 or more fast track applicants together to the Immigration Assessment Authority as mentioned in subsection 473CA(2); and

                     (b)  the Authority is reviewing, or has reviewed, the decisions together as mentioned in section 473DG;

documents given to any of the applicants in connection with the review are taken to be given to each of them.

Note 1:       If the Immigration Assessment Authority gives a person a document by a method specified in section 473HB, the person is taken to have received the document at the time specified in section 473HD in respect of that method.

Note 2:       Section 473HG deals with giving documents to a person’s authorised recipient.

34  Application of amendments

(1)       The amendments made by items 26, 27 and 33 of this Schedule apply in relation to a fast track reviewable decision made before, on or after the day this item commences.

(2)       The amendment made by item 28 of this Schedule applies in relation to the Immigration Assessment Authority reviewing a fast track reviewable decision on or after the day this item commences:

                     (a)  whether the decision was made before, on or after that day; and

                     (b)  whether or not the Authority started to review the decision before that day.