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This is a Bill, not an Act. For current law, see the Acts databases.
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
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:
This Act may be cited as the Migration Amendment (Judicial Review) Act
2004.
(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 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.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
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;
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.