Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 379A

Coverage of section

  (1)   For the purposes of provisions of this Part or the regulations that:

  (a)   require or permit the ART to give a document to a person (the recipient ); and

  (b)   state that the ART must do so by one of the methods specified in this section;

the methods are as follows.

  (1A)   If a person is a minor, the ART may use the methods mentioned in subsections   (4) and (5) to dispatch or transmit, as the case may be, a document to an individual (a carer of the minor ):

  (a)   who is at least 18 years of age; and

  (b)   who an ART member, the ART Principal Registrar or a member of the staff of the ART (each of whom is an ART official ) reasonably believes:

  (i)   has day - to - day care and responsibility for the minor; or

  (ii)   works in an or for organisation that has day - to - day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

Note:   If the ART gives an individual a document by the method mentioned in subsection   (4) or (5), the individual is taken to have received the document at the time specified in section   379C in respect of that method.

  (1B)   However, subsection   (1A) does not apply if section   379EA (which relates to giving documents in the case of combined applications) applies in relation to the minor.

Giving by hand

  (2)   One method consists of an ART official or a person authorised by the ART Principal Registrar handing the document to the recipient.

Handing to a person at last residential or business address

  (3)   Another method consists of an ART official or a person authorised by the ART Principal Registrar handing the document to another person who:

  (a)   is at the last residential or business address provided to the ART 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 an ART official 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 ART by the recipient in connection with the review; or

  (ii)   the last residential or business address provided to the ART by the recipient in connection with the review; or

  (iii)   if the recipient is a minor--the last address for a carer of the minor that is known by the ART official.

Transmission by fax, email or other electronic means

  (5)   Another method consists of an ART official transmitting the document by:

  (a)   fax; or

  (b)   email; or

  (c)   other electronic means;

to:

  (d)   the last fax number, email address or other electronic address, as the case may be, provided to the ART by the recipient in connection with the review; or

  (e)   if the recipient is a minor--the last fax number, email address or other electronic address, as the case may be, for a carer of the minor that is known by the ART official.

Documents given to a carer

  (6)   If the ART gives a document to a carer of a minor, the ART is taken to have given the document to the minor. However, this does not prevent the ART giving the minor a copy of the document.