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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Migration
Legislation Amendment (Electronic Transactions and Methods of Notification) Bill
2001
No. ,
2001
(Immigration and Multicultural
Affairs)
A Bill for an Act to amend
migration and citizenship legislation, and for other purposes
ISBN: 0642 468842
Contents
Australian Citizenship Act
1948 3
Migration Act
1958 4
Australian Citizenship Act
1948 6
Migration Act
1958 8
Migration Act
1958 11
Migration Act
1958 31
Migration Legislation Amendment Act (No. 1)
1998 31
A Bill for an Act to amend migration and citizenship
legislation, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Migration Legislation Amendment
(Electronic Transactions and Methods of Notification) Act
2001.
(1) Subject to this section, this Act commences on a day to be fixed by
Proclamation.
(2) Subject to subsections (3) to (6), if this Act does not commence
under subsection (1) within the period of 6 months beginning on the day on
which it receives the Royal Assent, it commences on the first day after the end
of that period.
(3) If Schedule 14 to the Administrative Review Tribunal
(Consequential and Transitional Provisions) Act 2001 commences before the
commencement of item 1 of Schedule 1 to this Act, Schedule 3 to
this Act does not commence.
(4) Item 1 of Schedule 4 to this Act commences at the same time
as item 3 of Schedule 2 to the Migration Legislation Amendment Act
(No. 1) 2000.
(5) Item 2 of Schedule 4 to this Act commences immediately after
the commencement of item 2 of Schedule 2 to the Migration
Legislation Amendment (Overseas Students) Act 2000.
(6) Item 3 of Schedule 4 to this Act commences immediately after
the commencement of item 12 of Schedule 3 to the Migration
Legislation Amendment Act (No. 1) 1998.
Subject to section 2, 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this Act is amended or repealed as set out in the applicable items in the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.
Australian Citizenship Act
1948
1 Subsection 5(1)
Insert:
electronic communication means:
(a) a communication of information in the form of data, text or images by
means of guided and/or unguided electromagnetic energy; or
(b) a communication of information in the form of speech by means of
guided and/or unguided electromagnetic energy, where the speech is processed at
its destination by an automated voice recognition system.
2 Subsection 10C(6)
Omit “or by post”, substitute “, by post or by an
electronic communication”.
3 Subsection 11(5)
Omit “, either personally or by post,”.
4 At the end of subsection
11(5)
Add “The notice may be served personally, by post or by an electronic
communication.”.
5 Subsection 13(12)
Omit “, either personally or by post,”.
6 At the end of subsection
13(12)
Add “The notice may be served personally, by post or by an electronic
communication.”.
7 Paragraph 14(3)(a)
Omit “, either personally or by post,”.
8 At the end of subsection
14(3)
Add “A notice under paragraph (a) may be served personally, by
post or by an electronic communication.”.
9 At the end of subsection
14A(3)
Add “The notice may be served personally, by post or by an electronic
communication.”.
10 Subsection 21(3)
Omit “, either personally or by post,”.
11 At the end of subsection
21(3)
Add “The copy of that order may be served personally, by post or by
an electronic communication.”.
12 Subsection 23(4)
Omit “, either personally or by post,”.
13 At the end of subsection
23(4)
Add “The copy of that order may be served personally, by post or by
an electronic communication.”.
14 Subsection 23D(2)
Omit “, either personally or by post,”.
15 At the end of subsection
23D(2)
Add “The notice may be served personally, by post or by an electronic
communication.”.
16 Subsection 104(1)
Omit “on an approved form”, substitute “in
writing”.
17 Subsection 104(2)
Repeal the subsection, substitute:
(2) If the applicant is in Australia at the time the visa is granted,
subsection (1) only applies to changes in circumstance before the visa is
granted.
18 Subsection 104(3)
Omit “If the application for the visa was made outside
Australia”, substitute “If the applicant is outside Australia at the
time the visa is granted”.
19 Subsection 105(1)
Omit “, on an approved form,”, substitute “in
writing”.
20 Transitional—pending
acts
If:
(a) an act is done before the commencement of this item; and
(b) that act is done under a provision of the Migration Act 1958
that is subsequently amended by this Schedule;
that act is taken on and after that commencement to be an act done under
that provision as amended by this Schedule.
Australian Citizenship Act
1948
1 Before section 37
Insert:
(1) The Minister may arrange for the use, under the Minister’s
control, of computer programs for any purposes for which the Minister may, or
must, under this Act or the regulations:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power, or
complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise
of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case requires) by
the operation of a computer program under an arrangement made under
subsection (1).
(1) The Minister may substitute a decision (the substituted
decision) for a decision (the initial decision) made by
the operation of a computer program under an arrangement made under subsection
36A(1) if:
(a) a certificate under section 46B relates to the computer program
and to the initial decision; and
(b) the certificate states that the computer program was not functioning
correctly; and
(c) the substituted decision could have been made under the same provision
of this Act or the regulations as the initial decision; and
(d) the substituted decision is more favourable to the
applicant.
(2) The Minister does not have a duty to consider whether to exercise the
power under subsection (1) in respect of any decision, whether he or she is
requested to do so by the applicant or by any other person, or in any other
circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
2 After section 46A
Insert:
(1) In citizenship proceedings, a certificate signed by an officer stating
whether or not a specified computer program was functioning correctly:
(a) at a specified time or during a specified period; and
(b) in relation to specified outcomes from the operation of that program
under an arrangement made under subsection 36A(1);
is prima facie evidence of the matters stated in the certificate.
(2) For the purposes of this section, a computer program is
functioning correctly if:
(a) outcomes from its operation comply with this Act and the regulations;
and
(b) those outcomes would be valid if they were made by the Minister
otherwise than by the operation of the computer program.
(3) In this section:
citizenship proceedings means:
(a) proceedings in a court (including criminal proceedings) that relate to
this Act (including an offence against this Act); or
(b) proceedings that relate to an application for review under
section 52A.
officer means:
(a) an officer of the Department; or
(b) a person authorised in writing by the Minister to issue certificates
under this section; or
(c) any person who is included in a class of persons authorised in writing
by the Minister to issue certificates under this section, including a person who
becomes a member of the class after the authorisation is given.
3 At the end of subsection
52(2)
Add “For this purpose, a way of communicating includes
any associated process for authenticating identity.”.
4 Subsection 84(2)
Omit “no official shall take any action”, substitute “no
act is to be done”.
5 Subsection 84(4)
Omit “a person taking action”, substitute “an act being
done”.
6 Subsection 84(6)
Repeal the subsection, substitute:
(6) In this section:
act means an act connected with performing functions or
exercising powers under or for the purposes of this Act.
7 At the end of subsection
271(1)
Add:
; and (l) a certificate signed by an officer stating whether or not a
specified computer program was functioning correctly:
(i) at a specified time or during a specified period; and
(ii) in relation to specified outcomes from the operation of that program
under an arrangement made under subsection 495A(1);
is prima facie evidence of the matters stated in the
certificate.
Note: Functioning correctly is defined in
subsection (5).
8 At the end of
section 271
Add:
(5) For the purposes of paragraph 271(1)(l), a computer program is
functioning correctly if:
(a) outcomes from its operation comply with this Act and the regulations;
and
(b) those outcomes would be valid if they were made by the Minister
otherwise than by the operation of the computer program.
9 After section 495
Insert:
(1) The Minister may arrange for the use, under the Minister’s
control, of computer programs for any purposes for which the Minister may, or
must, under the designated migration law:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power, or
complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise
of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case requires) by
the operation of a computer program under an arrangement made under
subsection (1).
(3) For the purposes of this section, the following provisions are the
designated migration law:
(a) Subdivisions A, AA, AB and AC of Division 3 of Part 2 (other
than section 48B);
(b) any provision of this Act or of the regulations that the Minister
determines, in writing, to be part of the designated migration law.
(4) A determination under paragraph (3)(b) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
(1) The Minister may substitute a decision (the substituted
decision) for a decision (the initial decision) made by
the operation of a computer program under an arrangement made under subsection
495A(1) if:
(a) a certificate under paragraph 271(1)(l) relates to the computer
program and to the initial decision; and
(b) the certificate states that the computer program was not functioning
correctly; and
(c) the substituted decision could have been made under the same provision
of the designated migration law as the initial decision; and
(d) the substituted decision is more favourable to the
applicant.
(2) The Minister does not have a duty to consider whether to exercise the
power under subsection (1) in respect of any decision, whether he or she is
requested to do so by the applicant or by any other person, or in any other
circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
Note: This Schedule might never commence: see subsection
2(3).
1 After subsection 52(3)
Insert:
(3A) A visa applicant must tell the Minister the address at which the
applicant intends to live while the application is being dealt with.
(3B) If the applicant proposes to change the address at which he or she
intends to live for a period of 14 days or more, the applicant must tell the
Minister the address and the period of proposed residence.
(3C) If, in accordance with the regulations, 2 or more non-citizens apply
for visas together, notifications given to any of them about the application are
taken to be given to each of them.
Note 1: If the Minister gives a person a document by a
method specified in section 494B, the person is taken to have received the
document at the time specified in section 494C in respect of that
method.
Note 2: If a person gives the Minister notice under
section 494D, documents that would have been given to the person will be
given to the person’s authorised recipient.
Note: The heading to section 52 is replaced by the
heading “Communication with Minister”.
2 Section 53
Repeal the section.
3 Subsection 69(1)
After “Subdivision AA or AB”, insert “or
section 494D”.
4 Subsections 359(3) and
(4)
Repeal the subsections, substitute:
(3) If an invitation is given to a person other than the Secretary, the
invitation must be given:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the invitation is given to a person in immigration
detention—by a method prescribed for the purposes of giving documents to
such a person.
(4) If an invitation is given to the Secretary, the invitation must be
given by one of the methods specified in section 379B.
5 Subsections 359A(2) and
(3)
Repeal the subsections, substitute:
(2) The information and invitation must be given to the
applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
6 Subsections 360A(2) and
(3)
Repeal the subsections, substitute:
(2) The notice must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 379A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
7 At the end of
section 368A
Add:
(5) The notice to the Secretary must be given by one of the methods
specified in section 379B.
8 Subsection 368B(7)
Omit all the words after “368(1)”.
9 At the end of subsection
368B(7)
Add:
The copy must be given to the Secretary:
(a) within 14 days after the day on which the decision is handed down;
and
(b) by one of the methods specified in section 379B.
10 Section 379A
Repeal the section.
11 After Division 8 of
Part 5
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the
Tribunal to give a document to a person; and
(b) the provision does not state that the document must be
given:
(i) by one of the methods specified in section 379A or 379B;
or
(ii) by a method prescribed for the purposes of giving documents to a
person in immigration detention;
the Tribunal may give the document to the person by any method that it
considers appropriate (which may be one of the methods mentioned in
subparagraph (b)(i) or (ii) of this section).
Note: Under section 379G an applicant may give the
Tribunal the name of an authorised recipient who is to receive documents on the
applicant’s behalf.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations
that:
(a) require or permit the Tribunal to give a document to a person (the
recipient); and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar, a Deputy Registrar or
another officer of the Tribunal, or a person authorised in writing by the
Registrar, handing the document to the recipient.
Handing to a person at last residential or business
address
(3) Another method consists of a member, the Registrar, a Deputy Registrar
or another officer of the Tribunal, or a person authorised in writing by the
Registrar, handing the document to another person who:
(a) is at the last residential or business address provided to the
Tribunal by the recipient in connection with the review; and
(b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means
(4) Another method consists of a member, the Registrar, a Deputy Registrar
or another officer of the Tribunal, dating the document, and then dispatching
it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided to the Tribunal by the recipient
in connection with the review; or
(ii) the last residential or business address provided to the Tribunal by
the recipient in connection with the review.
Transmission by fax, e-mail or other electronic means
(5) Another method consists of a member, the Registrar, a Deputy Registrar
or another officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Tribunal by the recipient in connection with the
review.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations
that:
(a) require or permit the Tribunal to give a document to the Secretary;
and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar, a Deputy Registrar or
another officer of the Tribunal, or a person authorised in writing by the
Registrar, handing the document to the Secretary or to an authorised
officer.
Dispatch by post or by other means
(3) Another method consists of a member, the Registrar, a Deputy Registrar
or another officer of the Tribunal, dating the document, and then dispatching
it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by post or by other means; and
(c) to an address, notified to the Tribunal in writing by the Secretary,
to which such documents can be dispatched.
Transmission by fax, e-mail or other electronic means
(4) Another method consists of a member, the Registrar, a Deputy Registrar
or another officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address notified
to the Tribunal in writing by the Secretary for the purpose.
(1) This section applies if the Tribunal gives a document to a person
other than the Secretary by one of the methods specified in section 379A
(including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in
subsection 379A(2) (which involves handing the document to the person), the
person is taken to have received the document when it is handed to the
person.
Handing to a person at last residential or business
address
(3) If the Tribunal gives a document to a person by the method in
subsection 379A(3) (which involves handing the document to another person at a
residential or business address), the person is taken to have received the
document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Tribunal gives a document to a person by the method in
subsection 379A(4) (which involves dispatching the document by prepaid post or
by other prepaid means), the person is taken to have received the
document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(5) If the Tribunal gives a document to a person by the method in
subsection 379A(5) (which involves transmitting the document by fax, e-mail or
other electronic means), the person is taken to have received the document at
the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999.
(1) This section applies if the Tribunal gives a document to the Secretary
by one of the methods specified in section 379B (including in a case
covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(2) (which involves handing the document to the Secretary or to
an authorised officer), the Secretary is taken to have received the document
when it is handed to the Secretary or to the authorised officer.
Dispatch by post or by other means
(3) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(3) (which involves dispatching the document by post or by other
means), the Secretary is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(4) If the Tribunal gives a document to the Secretary by the method in
subsection 379B(4) (which involves transmitting the document by fax, e-mail or
other electronic means), the Secretary is taken to have received the document at
the end of the day on which the document is transmitted.
(5) Subsection (4) applies despite section 14 of the
Electronic Transactions Act 1999.
If a provision of this Act requires or permits the Tribunal to give a
document to a person, the Tribunal may instead give a copy of the document to
the person by the same means as the Tribunal could give the document
itself.
(1) If, in relation to the review of an MRT-reviewable decision, a person
is required or permitted to give a document or thing to the Tribunal, the person
must do so:
(a) by giving the document or thing to the Registrar, a Deputy Registrar
or another officer of the Tribunal; or
(b) by a method set out in directions under section 353A;
or
(c) if the regulations set out a method for doing so—by that
method.
(2) Directions under section 353A may make provision for a person to
give a copy of a document, rather than the document itself, to the
Tribunal.
(1) If:
(a) a person (the applicant) applies for review of an
MRT-reviewable decision; and
(b) the applicant gives the Tribunal written notice of the name and
address of another person (the authorised recipient) authorised by
the applicant to do things on behalf of the applicant that consist of, or
include, receiving documents in connection with the review;
the Tribunal must give the authorised recipient, instead of the applicant,
any document that it would otherwise have given to the applicant.
Note: If the Tribunal gives a person a document by a method
specified in section 379A, the person is taken to have received the
document at the time specified in section 379C in respect of that
method.
(2) If the Tribunal gives a document to the authorised recipient, the
Tribunal is taken to have given the document to the applicant. However, this
does not prevent the Tribunal giving the applicant a copy of the
document.
(3) The applicant may vary or withdraw the notice under
paragraph (1)(b) at any time, but must not (unless the regulations provide
otherwise) vary the notice so that any more than one person becomes the
applicant’s authorised recipient.
(4) The Tribunal may communicate with the applicant by means other than
giving a document to the applicant, provided the Tribunal gives the authorised
recipient notice of the communication.
(5) This section does not apply to the Tribunal giving documents to, or
communicating with, the applicant when the applicant is appearing before the
Tribunal.
12 Subsection 424(3)
Repeal the subsection, substitute:
(3) The invitation must be given to the person:
(a) except where paragraph (b) applies—by one of the methods
specified in section 441A; or
(b) if the person is in immigration detention—by a method prescribed
for the purposes of giving documents to such a person.
13 Subsection 424A(2)
Repeal the subsection, substitute:
(2) The information and invitation must be given to the
applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 441A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
14 Subsection 425A(2)
Repeal the subsection, substitute:
(2) The notice must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods
specified in section 441A; or
(b) if the applicant is in immigration detention—by a method
prescribed for the purposes of giving documents to such a person.
15 At the end of
section 430A
Add:
(5) The notice to the Secretary must be given by one of the methods
specified in section 441B.
16 Subsection 430B(7)
Omit all the words after “430(1)”.
17 At the end of subsection
430B(7)
Add:
The copy must be given to the Secretary:
(a) within 14 days after the day on which the decision is handed down;
and
(b) by one of the methods specified in section 441B.
18 Section 441A
Repeal the section.
19 After Division 7 of
Part 7
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the
Tribunal to give a document to a person; and
(b) the provision does not state that the document must be
given:
(i) by one of the methods specified in section 441A or 441B;
or
(ii) by a method prescribed for the purposes of giving documents to a
person in immigration detention;
the Tribunal may give the document to the person by any method that it
considers appropriate (which may be one of the methods mentioned in
subparagraph (b)(i) or (ii) of this section).
Note: Under section 441G an applicant may give the
Tribunal the name of an authorised recipient who is to receive documents on the
applicant’s behalf.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations
that:
(a) require or permit the Tribunal to give a document to a person (the
recipient); and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar or an officer of the
Tribunal, or a person authorised in writing by the Registrar, handing the
document to the recipient.
Handing to a person at last residential or business
address
(3) Another method consists of a member, the Registrar or an officer of
the Tribunal, or a person authorised in writing by the Registrar, handing the
document to another person who:
(a) is at the last residential or business address provided to the
Tribunal by the recipient in connection with the review; and
(b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means
(4) Another method consists of a member, the Registrar or an officer of
the Tribunal, dating the document, and then dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided to the Tribunal by the recipient
in connection with the review; or
(ii) the last residential or business address provided to the Tribunal by
the recipient in connection with the review.
Transmission by fax, e-mail or other electronic means
(5) Another method consists of a member, the Registrar or an officer of
the Tribunal, transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Tribunal by the recipient in connection with the
review.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations
that:
(a) require or permit the Tribunal to give a document to the Secretary;
and
(b) state that the Tribunal must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar or an officer of the
Tribunal, or a person authorised in writing by the Registrar, handing the
document to the Secretary or to an authorised officer.
Dispatch by post or by other means
(3) Another method consists of a member, the Registrar or an officer of
the Tribunal, dating the document, and then dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by post or by other means; and
(c) to an address, notified to the Tribunal in writing by the Secretary,
to which such documents can be dispatched.
Transmission by fax, e-mail or other electronic means
(4) Another method consists of a member, the Registrar or an officer of
the Tribunal, transmitting the document by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address notified
to the Tribunal in writing by the Secretary for the purpose.
(1) This section applies if the Tribunal gives a document to a person
other than the Secretary by one of the methods specified in section 441A
(including in a case covered by section 441AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in
subsection 441A(2) (which involves handing the document to the person), the
person is taken to have received the document when it is handed to the
person.
Handing to a person at last residential or business
address
(3) If the Tribunal gives a document to a person by the method in
subsection 441A(3) (which involves handing the document to another person at a
residential or business address), the person is taken to have received the
document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Tribunal gives a document to a person by the method in
subsection 441A(4) (which involves dispatching the document by prepaid post or
by other prepaid means), the person is taken to have received the
document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(5) If the Tribunal gives a document to a person by the method in
subsection 441A(5) (which involves transmitting the document by fax, e-mail or
other electronic means), the person is taken to have received the document at
the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999.
(1) This section applies if the Tribunal gives a document to the Secretary
by one of the methods specified in section 441B (including in a case
covered by section 441AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in
subsection 441B(2) (which involves handing the document to the Secretary or to
an authorised officer), the Secretary is taken to have received the document
when it is handed to the Secretary or to the authorised officer.
Dispatch by post or by other means
(3) If the Tribunal gives a document to the Secretary by the method in
subsection 441B(3) (which involves dispatching the document by post or by other
means), the Secretary is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(4) If the Tribunal gives a document to the Secretary by the method in
subsection 441B(4) (which involves transmitting the document by fax, e-mail or
other electronic means), the Secretary is taken to have received the document at
the end of the day on which the document is transmitted.
(5) Subsection (4) applies despite section 14 of the
Electronic Transactions Act 1999.
If a provision of this Act requires or permits the Tribunal to give a
document to a person, the Tribunal may instead give a copy of the document to
the person by the same means as the Tribunal could give the document
itself.
(1) If, in relation to the review of an RRT-reviewable decision, a person
is required or permitted to give a document or thing to the Tribunal, the person
must do so:
(a) by giving the document or thing to the Registrar or an officer of the
Tribunal; or
(b) by a method set out in directions under section 420A;
or
(c) if the regulations set out a method for doing so—by that
method.
(2) Directions under section 420A may make provision for a person to
give a copy of a document, rather than the document itself, to the
Tribunal.
(1) If:
(a) a person (the applicant) applies for review of an
RRT-reviewable decision; and
(b) the applicant gives the Tribunal written notice of the name and
address of another person (the authorised recipient) authorised by
the applicant to do things on behalf of the applicant that consist of, or
include, receiving documents in connection with the review;
the Tribunal must give the authorised recipient, instead of the applicant,
any document that it would otherwise have given to the applicant.
Note: If the Tribunal gives a person a document by a method
specified in section 441A, the person is taken to have received the
document at the time specified in section 441C in respect of that
method.
(2) If the Tribunal gives a document to the authorised recipient, the
Tribunal is taken to have given the document to the applicant. However, this
does not prevent the Tribunal giving the applicant a copy of the
document.
(3) The applicant may vary or withdraw the notice under
paragraph (1)(b) at any time, but must not (unless the regulations provide
otherwise) vary the notice so that any more than one person becomes the
applicant’s authorised recipient.
(4) The Tribunal may communicate with the applicant by means other than
giving a document to the applicant, provided the Tribunal gives the authorised
recipient notice of the communication.
(5) This section does not apply to the Tribunal giving documents to, or
communicating with, the applicant when the applicant is appearing before the
Tribunal.
20 After section 494
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the
Minister to give a document to a person; and
(b) the provision does not state that the document must be
given:
(i) by one of the methods specified in section 494B; or
(ii) by a method prescribed for the purposes of giving documents to a
person in immigration detention;
the Minister may give the document to the person by any method that he or
she considers appropriate (which may be one of the methods mentioned in
subparagraph (b)(i) or (ii) of this section).
Note: Under section 494D a person may give the Minister
the name of an authorised recipient who is to receive documents on the
person’s behalf.
Coverage of section
(1) For the purposes of provisions of this Act or the regulations
that:
(a) require or permit the Minister to give a document to a person (the
recipient); and
(b) state that the Minister must do so by one of the methods specified in
this section;
the methods are as follows.
Giving by hand
(2) One method consists of the Minister (including by way of an authorised
officer) handing the document to the recipient.
Handing to a person at last residential or business
address
(3) Another method consists of the Minister (including by way of an
authorised officer) handing the document to another person who:
(a) is at the last residential or business address provided to the
Minister by the recipient for the purposes of receiving documents; and
(b) appears to live there (in the case of a residential address) or work
there (in the case of a business address); and
(c) appears to be at least 16 years of age.
Dispatch by prepaid post or by other prepaid means
(4) Another method consists of the Minister dating the document, and then
dispatching it:
(a) within 3 working days (in the place of dispatch) of the date of the
document; and
(b) by prepaid post or by other prepaid means; and
(c) to:
(i) the last address for service provided to the Minister by the recipient
for the purposes of receiving documents; or
(ii) the last residential or business address provided to the Minister by
the recipient for the purposes of receiving documents.
Transmission by fax, e-mail or other electronic means
(5) Another method consists of the Minister transmitting the document
by:
(a) fax; or
(b) e-mail; or
(c) other electronic means;
to the last fax number, e-mail address or other electronic address, as the
case may be, provided to the Minister by the recipient for the purposes of
receiving documents.
When the Minister hands a document by way of an authorised
officer
(6) For the purposes of sections 494C and 494D, a reference in those
sections to an act of the Minister includes, if the act is of a kind referred to
in subsection (2) or (3) of this section, a reference to an act of the
Minister by way of an authorised officer.
(1) This section applies if the Minister gives a document to a person by
one of the methods specified in section 494B (including in a case covered
by section 494A).
Giving by hand
(2) If the Minister gives a document to a person by the method in
subsection 494B(2) (which involves handing the document to the person), the
person is taken to have received the document when it is handed to the
person.
Handing to a person at last residential or business
address
(3) If the Minister gives a document to a person by the method in
subsection 494B(3) (which involves handing the document to another person at a
residential or business address), the person is taken to have received the
document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Minister gives a document to a person by the method in
subsection 494B(4) (which involves dispatching the document by prepaid post or
by other prepaid means), the person is taken to have received the
document:
(a) if the document was dispatched from a place in Australia to an address
in Australia—7 working days (in the place of that address) after the date
of the document; or
(b) in any other case—21 days after the date of the
document.
Transmission by fax, e-mail or other electronic means
(5) If the Minister gives a document to a person by the method in
subsection 494B(5) (which involves transmitting the document by fax, e-mail or
other electronic means), the person is taken to have received the document at
the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999.
(1) If a person (the first person) gives the Minister
written notice of the name and address of another person (the authorised
recipient) authorised by the first person to do things on behalf of the
first person that consist of, or include, receiving documents in connection with
matters arising under this Act or the regulations, the Minister must give the
authorised recipient, instead of the first person, any documents that the
Minister would otherwise have given to the first person.
Note: If the Minister gives a person a document by a method
specified in section 494B, the person is taken to have received the
document at the time specified in section 494C in respect of that
method.
(2) If the Minister gives a document to the authorised recipient, the
Minister is taken to have given the document to the first person. However, this
does not prevent the Minister giving the first person a copy of the
document.
(3) The first person may vary or withdraw the notice under
subsection (1) at any time, but must not (unless the regulations provide
otherwise) vary the notice so that any more than one person becomes the first
person’s authorised recipient.
(4) The Minister may communicate with the first person by means other than
giving a document to the first person, provided the Minister gives the
authorised recipient notice of the communication.
1 Section 97 (definition of application
form)
Omit “subsection 45(2) allows”, substitute “regulations
made for the purposes of section 46 allow”.
2 Paragraph 268BP(2)(b)
Omit “269BQ”, substitute “268BQ”.
Migration Legislation
Amendment Act (No. 1) 1998
3 Item 12 of
Schedule 3
Omit “Part 6”, substitute
“Part 7”.