MIGRATION LEGISLATION AMENDMENT (RESTORATION OF FAIR PROCESS) BILL 2006

2004-2005-2006

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Migration Legislation Amendment (Restoration of Fair Process) Bill 2006

No. , 2006

(Senator Bartlett)

A Bill for an Act to remove the privative clause in the Migration Act 1958, and for related purposes

Contents

A Bill for an Act to remove the privative clause in the Migration Act 1958, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Migration Legislation Amendment (Restoration of Fair Process) Act 2006.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1--Amendment of the Administrative Decisions (Judicial Review) Act 1977

1 Paragraph (da) of Schedule 1

Repeal the paragraph.

Schedule 2--Amendment of the Migration Act 1958

1 Subsection 5(1) (definition of privative clause decision)

Repeal the definition.

2 Subsection 32(2)

Omit "the Minister is satisfied".

3 Paragraph 36(2)(a)

Omit "the Minister is satisfied".

4 Part 8

Repeal the Part.

Schedule 1 Amendment of the Administrative Decisions (Judicial Review) Act 1977

Amendment of the Migration Act 1958 Schedule 2

Migration Legislation Amendment (Restoration of Fair Process) Bill 2006 No. , 2006

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Migration Legislation Amendment (Restoration of Fair Process) Bill 2006 No. , 2006

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MIGRATION LEGISLATION AMENDMENT (RESTORATION OF FAIR PROCESS) BILL 2006