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MIGRATION ACT 1958 - SECT 473HB

Methods by which Immigration Assessment Authority gives documents to a person other than the Secretary

Coverage of section

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

                     (a)  require or permit the Immigration Assessment Authority to give a document to a person (the recipient ); and

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

the methods are as follows.

             (2)  If the recipient is a minor, the Immigration Assessment Authority may use the methods mentioned in subsections (5) and (6) 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 the Authority 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 Immigration Assessment Authority gives an individual a document by the method mentioned in subsection (5) or (6), the individual is taken to have received the document at the time specified in section 473HD in respect of that method.

Giving by hand

             (3)  One method consists of a Reviewer, a person authorised in writing by the Senior Reviewer, or a person mentioned in subsection 473JE(2), handing the document to the recipient.

Handing to a person at last residential or business address

             (4)  Another method consists of a Reviewer, a person authorised in writing by the Senior Reviewer, or a person mentioned in subsection 473JE(2), handing the document to another person who:

                     (a)  is at the last residential or business address of the recipient provided to the Immigration Assessment Authority 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

             (5)  Another method consists of a Reviewer or a person mentioned in subsection 473JE(2) 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 of the recipient provided to the Immigration Assessment Authority in connection with the review; or

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

                            (iii)  if the recipient is a minor--the last address for a carer of the minor provided to the Authority.

Transmission by fax, email or other electronic means

             (6)  Another method consists of a Reviewer or a person mentioned in subsection 473JE(2), 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, of the recipient provided to the Immigration Assessment Authority; 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 provided to the Authority.

Documents given to a carer

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



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