Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 441A

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.

  (1A)   If a person is a minor, the Tribunal 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 a member or an officer of the Tribunal reasonably believes:

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

  (ii)   works in or for an 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 Tribunal 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   441C in respect of that method.

  (1B)   However, subsection   (1A) does not apply if section   441EA (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 a member 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 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 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; or

  (iii)   if the recipient is a minor--the last address for a carer of the minor that is known by the member or officer.

Transmission by fax, email or other electronic means

  (5)   Another method consists of a member or an officer of the Tribunal 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 Tribunal 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 member or officer.

Documents given to a carer

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