Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Subregulations 4.10(4), (5) and (6)
Repeal the subregulations.
2 Regulation 4.11
Repeal the regulation, substitute:
4.11 Giving the application to the Tribunal
(1) An application for review by the Tribunal must be given to the Tribunal by:
(a) leaving it with an officer of the Tribunal at a registry of the Tribunal, or with a person specified in a direction given by the Principal Member under section 353A of the Act; or
(b) sending the application by pre-paid post to a registry of the Tribunal; or
(c) having the application delivered by post, or by hand, to an address specified in a direction given by the Principal Member under section 353A of the Act; or
(d) faxing the application to a fax number specified in a direction given by the Principal Member under section 353A of the Act; or
(e) transmitting it to a registry of the Tribunal by other electronic means specified in a direction given by the Principal Member under section 353A of the Act.
(2) An application made to the Tribunal in accordance with paragraph (1)(a) or (b) is taken to have been received by the Tribunal at the time the Tribunal receives it.
(3) An application made to the Tribunal in accordance with paragraph (1)(c) is taken to have been received by the Tribunal at the time it is received at the relevant address.
(4) An application made to the Tribunal in accordance with paragraph (1)(d) is taken to have been received by the Tribunal at the time it is received at the relevant fax number.
(5) An application made to the Tribunal in accordance with paragraph (1)(e) is taken to have been received by the Tribunal at the time the Tribunal receives it.
3 Subregulations 4.17(2) to (5)
Repeal the subregulations, substitute:
(2) If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection 338(4) of the Act, the prescribed period for giving the information or comments:
(a) commences when the detainee receives the invitation; and
(b) ends at the end of:
(i) 2 working days after the day the detainee receives the invitation; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(3) If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection 338(4) of the Act, the prescribed period for giving the information or comments:
(a) commences when the detainee receives the invitation; and
(b) ends at the end of:
(i) 7 days after the day the detainee receives the invitation; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(4) If the invitation relates to any other application for review of a decision, the prescribed period for giving the information or comments:
(a) commences when the person receives the invitation; and
(b) ends at the end of:
(i) 14 days after the day the person receives the invitation; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
4 Subregulations 4.18(2) to (5)
Repeal the subregulations (not including the notes), substitute:
(2) If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection 338(4) of the Act, the prescribed period for giving the information or comments:
(a) commences when the detainee receives the invitation; and
(b) ends at the end of 2 working days after the day the detainee receives the invitation.
(3) If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection 338(4) of the Act, the prescribed period for giving the information or comments:
(a) commences when the detainee receives the invitation; and
(b) ends at the end of 14 days after the day the detainee receives the invitation.
(4) If the invitation relates to any other application for review of a decision, the prescribed period for giving the information or comments:
(a) commences when the person receives the invitation; and
(b) ends at the end of 28 days after the day the person receives the invitation.
5 Subregulations 4.18A(2) to (5)
Repeal the subregulations, substitute:
(2) If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection 338(4) of the Act, the period by which the Tribunal may extend the prescribed period:
(a) commences when the detainee receives notice of the extended period; and
(b) ends at the end of:
(i) 2 working days after the day the detainee receives notice of the extended period; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(3) If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection 338(4) of the Act, the period by which the Tribunal may extend the prescribed period:
(a) commences when the detainee receives notice of the extended period; and
(b) ends at the end of:
(i) 14 days after the day the detainee receives notice of the extended period; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(4) If the invitation relates to any other application for review of a decision, the period by which the Tribunal may extend the prescribed period:
(a) commences when the person receives notice of the extended period; and
(b) ends at the end of:
(i) 14 days after the day the person receives notice of the extended period; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
6 Subregulations 4.18B(2) to (5)
Repeal the subregulations (not including the notes), substitute:
(2) If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection 338(4) of the Act, the period by which the Tribunal may extend the prescribed period:
(a) commences when the detainee receives notice of the extended period; and
(b) ends at the end of 2 working days after the day the detainee receives notice of the extended period.
(3) If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection 338(4) of the Act, the period by which the Tribunal may extend the prescribed period:
(a) commences when the detainee receives notice of the extended period; and
(b) ends at the end of 14 days after the day the detainee receives notice of the extended period.
(4) If the invitation relates to any other application for review of a decision, the period by which the Tribunal may extend the prescribed period:
(a) commences when the person receives notice of the extended period; and
(b) ends at the end of 14 days after the day the person receives notice of the extended period.
7 Regulation 4.21
Repeal the regulation, substitute:
4.21 Prescribed periods--notice to appear before Tribunal
(1) For subsection 360A(4) of the Act, this regulation sets out the prescribed period of notice of the day on which, and the time and place at which, an applicant is scheduled to appear before the Tribunal in response to an invitation.
(2) If the invitation relates to an application for review of a decision that applies to a detainee seeking review of a decision under subsection 338(4) of the Act, the period of notice:
(a) commences when the detainee receives notice of the invitation to appear before the Tribunal; and
(b) ends at the end of:
(i) 2 working days after the day the detainee receives notice of the invitation to appear before the Tribunal; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(3) If the invitation relates to an application for review of a decision that applies to a detainee who is not seeking review of a decision under subsection 338(4) of the Act, the period of notice:
(a) commences when the detainee receives notice of the invitation to appear before the Tribunal; and
(b) ends at the end of:
(i) 7 days after the day the detainee receives notice of the invitation to appear before the Tribunal; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(4) If the invitation relates to any other application for review of a decision, the period of notice:
(a) commences when the person receives notice of the invitation to appear before the Tribunal; and
(b) ends at the end of:
(i) 14 days after the day the person receives notice of the invitation to appear before the Tribunal; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
Note 1: If the Tribunal gives a person a document by a method specified in section 379A of the Act, the person is taken to have received the document at the time specified in section 379C of the Act in respect of the method.
Note 2: A document given to a person in immigration detention is given in the manner specified in regulation 5.02.
8 Regulation 4.27A
Repeal the regulation.
9 Regulation 4.31
Repeal the regulation, substitute:
4.31 Time for lodgement of application with Tribunal
(1) For paragraph 412(1)(b) of the Act, the period in which an application for review of an RRT-reviewable decision must be given to the Tribunal by or for an applicant who is in immigration detention on that day:
(a) commences on the day the applicant is notified of the decision to which the application relates; and
(b) ends:
(i) if that day is a working day--at the end of 7 working days commencing on that day; or
(ii) if that day is not a working day--at the end of 7 working days commencing on the next working day.
(2) For paragraph 412(1)(b) of the Act, the period in which an application for review of an RRT-reviewable decision must be given to the Tribunal by or for an applicant who is not in immigration detention on that day:
(a) commences on the day the applicant is notified of the decision to which the application relates; and
(b) ends at the end of 28 days commencing on that day.
Note: If the Minister gives a person a document by a method specified in section 494B of the Act, the person is taken to have received the document at the time specified in section 494C of the Act in respect of the method.
4.31AA Giving application to the Tribunal
(1) An application for review by the Tribunal of an RRT-reviewable decision must be given to the Tribunal by:
(a) leaving it with an officer of the Tribunal at a registry of the Tribunal, or with a person specified in a direction given by the Principal Member under section 420A of the Act; or
(b) sending it by pre-paid post to a registry of the Tribunal; or
(c) having it delivered by post, or by hand, to an address specified in a direction given by the Principal Member under section 420A of the Act; or
(d) faxing it to a fax number specified in a direction given by the Principal Member under section 420A of the Act; or
(e) transmitting it to a registry of the Tribunal by other electronic means specified in a direction given by the Principal Member under section 420A of the Act.
(2) An application made to the Tribunal in accordance with paragraph (1)(a) or (b) is taken to have been received by the Tribunal at the time the Tribunal receives it.
(3) An application made to the Tribunal in accordance with paragraph (1)(c) is taken to have been received by the Tribunal at the time it is received at the relevant address.
(4) An application made to the Tribunal in accordance with paragraph (1)(d) is taken to have been received by the Tribunal at the time it is received at the relevant fax number.
(5) An application made to the Tribunal in accordance with paragraph (1)(e) is taken to have been received by the Tribunal at the time the Tribunal receives it.
10 Regulation 4.32
Repeal the regulation.
11 Regulation 4.35
Repeal the regulation, substitute:
4.35 Prescribed periods--invitation to comment or give additional information
(1) This regulation applies, for subsection 424B(2) of the Act, if a person is invited to give additional information, or to comment on information, other than at an interview.
(2) If the invitation relates to an application for review of a decision that applies to a detainee, the prescribed period for giving the information or comments:
(a) commences when the detainee receives the invitation; and
(b) ends at the end of:
(i) 7 days after the day the detainee receives the invitation; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(3) If the invitation relates to any other application for review of a decision, the prescribed period for giving the information, comments or response:
(a) commences when the person receives the invitation; and
(b) ends at the end of:
(i) 14 days after the day the person receives the invitation; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(4) A response to the invitation is taken to be given to the Tribunal when a registry of the Tribunal receives the response.
Note 1: If the Tribunal gives a person a document by a method specified in section 441A of the Act, the person is taken to have received the document at the time specified in section 441C of the Act in respect of the method.
Note 2: A document given to a person in immigration detention is given in the manner specified in regulation 5.02.
12 Subregulations 4.35B(2) and (3)
Repeal the subregulations, substitute:
(2) The period by which the Tribunal may extend the prescribed period:
(a) commences when the person receives notice of the extended period; and
(b) ends at the end of:
(i) 14 days after the day the person receives notice of the extended period; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
13 Subregulation 4.35C(2)
Repeal the subregulation (not including the notes), substitute:
(2) The period by which the Tribunal may extend the prescribed period:
(a) commences when the person receives notice of the extended period; and
(b) ends at the end of 14 days after the day the person receives notice of the extended period.
14 Regulation 4.35D
Repeal the regulation, substitute:
4.35D Prescribed periods--notice to appear before Tribunal
(1) For subsection 425A(3) of the Act, this regulation sets out the prescribed period of notice of the day on which, and the time and place at which, an applicant is scheduled to appear before the Tribunal in response to an invitation.
(2) If the invitation relates to an application for review of a decision that applies to a detainee, the period of notice:
(a) commences when the detainee receives notice of the invitation to appear before the Tribunal; and
(b) ends at the end of:
(i) 7 days after the day the detainee receives notice of the invitation to appear before the Tribunal; or
(ii) if the detainee agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
(3) If the invitation relates to any other application for review of a decision, the period of notice:
(a) commences when the person receives notice of the invitation to appear before the Tribunal; and
(b) ends at the end of:
(i) 14 days after the day the person receives notice of the invitation to appear before the Tribunal; or
(ii) if the person agrees, in writing, to a shorter period of not less than 1 working day--the shorter period.
Note 1: If the Tribunal gives a person a document by a method specified in section 441A of the Act, the person is taken to have received the document at the time specified in section 441C of the Act in respect of the method.
Note 2: A document given to a person in immigration detention is given in the manner specified in regulation 5.02.
15 Regulation 4.35E
Repeal the regulation.