Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 91F

Minister may determine that section 91E does not apply to non - citizen

  (1)   If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non - citizen, determine:

  (a)   that section   91E does not apply to an application for a visa made by the non - citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given; or

  (b)   that section   91G does not apply to an application for a visa made by the non - citizen during the transitional period referred to in that section.

  (2)   The power under subsection   (1) may only be exercised by the Minister personally.

  (3)   If the Minister makes a determination under subsection   (1), he or she is to cause to be laid before each House of the Parliament a statement that:

  (a)   sets out the determination; and

  (b)   sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  (4)   A statement under subsection   (3) is not to include:

  (a)   the name of the non - citizen; or

  (b)   any information that may identify the non - citizen; or

  (c)   if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person or any information that may identify that other person.

  (5)   A statement under subsection   (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:

  (a)   if the determination is made between 1   January and 30   June (inclusive) in a year--1   July in that year; or

  (b)   if the determination is made between 1   July and 31   December (inclusive) in a year--1   January in the following year.

  (6)   The Minister does not have a duty to consider whether to exercise the power under subsection   (1) in respect of any non - citizen, whether he or she is requested to do so by the non - citizen or by any other person, or in any other circumstances.


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