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1998 – 1999
– 2000 – 2001
THE PARLIAMENT OF THE COMMONWEALTH
OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
MIGRATION LEGISLATION
AMENDMENT (ELECTRONIC TRANSACTIONS AND METHODS OF NOTIFICATION) BILL
2001
EXPLANATORY
MEMORANDUM
(Circulated by
authority of the
Minister for Immigration and Multicultural Affairs,
The
Hon. Philip Ruddock MP)
ISBN: 0642 468761
MIGRATION LEGISLATION AMENDMENT (ELECTRONIC TRANSACTIONS AND METHODS OF
NOTIFICATION) BILL 2001
1. The Migration Legislation Amendment (Electronic Transactions and
Methods of Notification) Bill 2001 (“the Bill”) makes a number of
amendments to the Migration Act 1958 (“the Migration Act”)
and the Australian Citizenship Act 1948 (“the Citizenship
Act”).
2. The main purpose of the Bill is to bring the Migration
Act and the Citizenship Act into line with the Electronic Transactions Act
1999 (“the ET Act”), and allow implementation of the
Government’s commitment to have appropriate services available on-line by
July 2001.
3. The Bill will:
• facilitate electronic
communications by removing existing impediments that may prevent the use of
electronic transactions (Schedule 1 refers);
• establish a
legislative framework to enable the Minister to arrange for the use of computer
programs to make decisions (Schedule 2 refers);
• provide the
manner in which the Minister, the Migration Review Tribunal (“the
MRT”) and the Refugee Review Tribunal (“the RRT”) may give
documents to persons. These amendments also determine the time when a document
is taken to have been received and allow for the transmission of documents
electronically via facsimile, e-mail or other electronic means (Schedule 3
refers); and
• correct some minor technical errors and misdescribed
amendments in the Migration Act (Schedule 4 refers).
Facilitating electronic transactions
4. The ET Act
establishes the basic rule that a transaction is not invalid because it took
place by means of an electronic communication. It states that a requirement or
permission under a law of the Commonwealth for a person to provide information
in writing, to sign a document, to produce a document or to retain information
or a document, can be satisfied by an electronic communication, subject to
certain minimum criteria being satisfied.
5. From 1 July 2001, the ET Act will apply to all laws of the
Commonwealth, unless specifically exempted, and will permit applications made
under the Migration Act and the Citizenship Act to be lodged
electronically.
6. The amendments contained in Schedule 1 to the Bill
will remove inconsistencies between the operation of the ET Act and various
provisions of the Migration Act and the Citizenship Act. The objective is to
ensure that no legislative impediments exist to inhibit the use of electronic
transactions where appropriate.
Computer-based decision
making
7. The amendments contained in Schedule 2 to the Bill allow
for the use of computerised decision making in the migration and citizenship
context. The legislative framework proposes that computer programs, under the
control of the Minister, will be able to make certain decisions under the
Migration Act and the Citizenship Act. These decisions will be taken to be
those of the Minister.
8. In the migration context, a computer program
will only be making decisions on certain visa applications where the criteria
for grant are simple and objective. There is no intention for complex
decisions, requiring any assessment of discretionary criteria, to be made by
computer programs. Those complex decisions will continue to be made by persons
who are delegates of the Minister.
9. To illustrate this, it may never be
appropriate for computer programs to make decisions on visa cancellations.
Computer-based processing is not suitable in these circumstances because these
decisions require an assessment of discretionary factors which do not lend
themselves to automated assessment.
10. The most notable example of a
visa which may be subject to automated assessment is a Resident Return visa.
The grant of most Resident Return visas is generally determined through
calculation of the length of time a non-citizen has spent in Australia as the
holder of a permanent visa – criteria which lend themselves to an
automated decision making process.
11. The introduction of computer-based
decision making in these circumstances is expected to provide increased
processing efficiencies, as decisions will be made more quickly without human
intervention.
12. However, it is important to note that the proposed
scheme does not exclude the Minister, or the Minister’s delegate, from
intervening at any stage during the computer-based processing of a visa
application and choosing to make the decision personally.
13. In
addition, the Minister’s power to arrange for the use of computerised
decision making will only apply to primary decision-making and not to merits
review processes. Merits review, therefore, is not affected by these
amendments.
14. The Minister will also have the power to substitute a
more favourable decision for one made by the computer program where the computer
program functions incorrectly. This will ensure that the Minister can correct
adverse decisions without the need for an applicant to first seek external
merits review.
15. The introduction of computer-based decision making in
the citizenship context is intended to have a limited field of operation and
will not occur immediately. Nonetheless, the provisions establish a flexible
legislative regime that will support future developments in information
technology and business processing.
Giving and receiving of documents
16. The amendments
contained in Schedule 3 to the Bill consolidate into the Migration Act
provisions dealing with the giving and deemed receipt of documents. Most of
these provisions are presently found in either the Migration Act or the
Migration Regulations 1994 (“the Migration Regulations”) and
essentially retain the status quo.
17. However, the amendments also add an electronic method for the giving
of documents, which further ensures compliance with the ET Act.
FINANCIAL IMPACT STATEMENT
18. The amendments contained in the Bill will have no direct financial
impact.
MIGRATION LEGISLATION AMENDMENT (ELECTRONIC TRANSACTIONS AND METHODS OF
NOTIFICATION) BILL 2001
NOTES ON INDIVIDUAL
CLAUSES
Clause 1 Short title
1. The short title
by which this Act may be cited is the Migration Legislation Amendment
(Electronic Transactions and Methods of Notification) Act
2001.
Clause 2 Commencement
2. Subclause 2(1)
provides that subject to this section, this Act commences on a day to be fixed
by Proclamation.
3. Subclause 2(2) provides that subject to subsections
(3) to (6), if this Act does not commence under subsection 2(1) within 6 months
of this Act receiving the Royal Assent, then it will commence on the first day
after the end of that period.
4. Subclause 2(3) provides that if Schedule
14 to the Administrative Review Tribunal (Consequential and Transitional
Provisions) Act 2001 commences before the commencement of item 1 of Schedule
1 to this Act, Schedule 3 to this Act does not commence.
5. Subclause 2(4) provides that item 1 of Schedule 4 to this Act
commences at the same time as item 3 of Schedule 2 to the Migration
Legislation Amendment Act (No. 1) 2000.
6. Subclause 2(5) provides
that item 2 of Schedule 4 to this Act commences immediately after the
commencement of item 2 of Schedule 2 to the Migration Legislation Amendment
(Overseas Students) Act 2000.
7. Subclause 2(6) provides that item 3
of Schedule 4 to this Act commences immediately after the commencement of item
12 of Schedule 3 to the Migration Legislation Amendment Act (No. 1)
1998.
Clause 3 Schedule(s)
8. This clause provides that subject
to section 2, each Act specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned. In
addition, any other item in a Schedule to this Act has effect according to its
terms.
Item 1 Subsection 5(1)
9. This item inserts a definition for the term “electronic communication” in subsection 5(1) of the Citizenship Act. This definition is the same as that contained in subsection 5(1) of the ET Act, and is intended to have the same meaning as set out in its Explanatory Memorandum.
Item 2 Subsection 10C(6)
10. This item amends subsection 10C(6)
of the Citizenship Act to ensure that the Minister may electronically serve a
notice of a decision not to register an applicant as an Australian citizen. The
Minister may also serve the notice personally or by post.
11. The ET Act
provides that where information is required or permitted to be given to a person
who is not a Commonwealth entity, that person must consent to the information
being given by way of an electronic communication (paragraphs 9(1)(d) and
9(2)(d), for example, refer). This provision is based on the Government’s
general policy that a person should not be compelled to use an electronic
communication to conduct a transaction in order to satisfy requirements or
permissions to give information in writing under Commonwealth law.
12. To
remain consistent with the ET Act, the Department will institute an
administrative regime that requires applicants to provide their written consent
before the Minister may communicate with them electronically. Policy
instructions and application forms have been amended to reflect the need to have
an applicant’s written consent prior to any electronic communication
occurring.
Item 3 Subsection 11(5)
13. This item omits the
words “either personally or by post” from subsection 11(5) of the
Citizenship Act.
Item 4 At the end of subsection
11(5)
14. This item amends subsection 11(5) of the Citizenship Act as
a consequence of item 3. This amendment ensures that the Minister may
electronically serve a notice of a decision not to register an applicant as an
Australian citizen. The Minister may also serve the notice personally or by
post.
15. As outlined under item 2, applicants will be required to provide their written consent prior to being communicated with electronically.
Item 5 Subsection 13(12)
16. This item omits the words
“either personally or by post” from subsection 13(12) of the
Citizenship Act.
Item 6 At the end of subsection
13(12)
17. This item amends subsection 13(12) of the Citizenship Act
as a consequence of
item 5. This amendment ensures that the Minister may
electronically serve a notice of a decision not to grant Australian citizenship.
The Minister may also serve the notice personally or by post.
18. As outlined under item 2, applicants will be required to provide their written consent prior to being communicated with electronically.
Item 7 Paragraph 14(3)(a)
19. This item omits the words
“either personally or by post” from paragraph 14(3)(a) of the
Citizenship Act.
Item 8 At the end of subsection
14(3)
20. This item amends subsection 14(3) of the Citizenship Act as
a consequence of item 7. This amendment ensures that the Minister may
electronically serve a notice of a decision to defer consideration of an
application for Australian citizenship. The Minister may also serve the notice
personally or by post.
21. As outlined under item 2, applicants will be required to provide their written consent prior to being communicated with electronically.
Item 9 At the end of subsection 14A(3)
22. This item amends
subsection 14A(3) of the Citizenship Act to ensure that the Minister may
electronically serve a notice of a decision to defer consideration of an
application for Australian citizenship. The Minister may also serve the notice
personally or by post.
23. As outlined under item 2, applicants will be required to provide their written consent prior to being communicated with electronically.
Item 10 Subsection 21(3)
24. This item omits the words
“either personally or by post” from subsection 21(3) of the
Citizenship Act.
Item 11 At the end of subsection
21(3)
25. This item amends subsection 21(3) of the Citizenship Act as
a consequence of
item 10. This amendment ensures that the Minister may
serve an electronic copy of an order depriving a person of Australian
citizenship. The Minister may also serve a copy of the order personally or by
post.
26. As outlined under item 2, persons will be required to provide
their written consent prior to being communicated with
electronically.
Item 12 Subsection 23(4)
27. This item
omits the words “either personally or by post” from subsection 23(4)
of the Citizenship Act.
Item 13 At the end of subsection
23(4)
28. This item amends subsection 23(4) of the Citizenship Act as
a consequence of
item 12. This amendment ensures that the Minister may
serve an electronic copy of an order directing that a child cease to be an
Australian citizen. The Minister may also serve a copy of the order personally
or by post.
29. Where a child ceases to be an Australian citizen under
section 23, a copy of the order is served on the responsible parent of the
child, as defined in subsection 5(2) of the Citizenship Act. As outlined under
item 2, persons will be required to provide their written consent prior to being
communicated with electronically.
Item 14 Subsection
23D(2)
30. This item omits the words “either personally or by
post” from subsection 23D(2) of the Citizenship Act.
Item 15 At
the end of subsection 23D(2)
31. This item amends subsection 23D(2)
of the Citizenship Act as a consequence of
item 14. This amendment ensures
that the Minister may electronically serve a notice of a decision not to grant
Australian citizenship. The Minister may also serve the notice personally or by
post.
32. As outlined under item 2, applicants will be required to provide their
written consent prior to being communicated with
electronically.
Migration Act 1958
Item 16 Subsection 104(1)
33. This item omits the words “on an approved form” from
subsection 104(1) of the Migration Act and substitutes the words “in
writing”.
34. Subsection 104(1) currently provides that if
circumstances change so that an answer to a question on a non-citizen’s
application form is incorrect, the non-citizen must inform an officer on
“an approved form” of the new circumstances and of the correct
answer. In practice, this information is normally provided, and accepted, in
writing.
35. This amendment brings subsection 104(1) into line with
current practice, by requiring this information to be provided in writing rather
than on an approved form. Section 9 of the ET Act will apply to this
requirement to ensure that non-citizens may give this information by means of an
electronic communication, providing they adhere to the Department’s
specified information technology requirements. The Department’s
information technology requirements will be contained in application and
information forms, and will be published on the departmental
website.
Item 17 Subsection 104(2)
36. This item repeals
existing subsection 104(2) of the Migration Act and substitutes new subsection
104(2), to ensure that its operation no longer depends on where the visa
application is made, but rather on where the applicant is at the time the visa
is granted. This amendment is necessary because of the difficulty in
determining, in the case of electronic transactions, where a visa application is
made (that is, in or outside Australia).
Item 18 Subsection
104(3)
37. This item amends existing subsection 104(3) of the
Migration Act so that its operation no longer depends on where the visa
application is made, but rather on where the applicant is at the time the visa
is granted. This amendment is necessary because of the difficulty in
determining, in the case of electronic transactions, where a visa application is
made (that is, in or outside Australia).
Item 19 Subsection 105(1)
38. This item omits the words “on an approved form” from
subsection 105(1) of the Migration Act and substitutes the words “in
writing”.
39. Subsection 105(1) currently requires non-citizens to
notify an officer on “an approved form” should they become aware
that any of the following information was incorrect at the time it was
given:
• an answer in their application form or passenger
card;
• information under section 104 (Changes in circumstances to be
notified); or
• a response under section 107 (Notice of incorrect
applications).
In practice, this information is normally provided, and
accepted, in writing.
40. As outlined under item 16, this amendment brings subsection 105(1) into
line with current practice, by requiring this information to be provided in
writing rather than on an approved form. Section 9 of the ET Act will equally
apply to this requirement.
41. This item provides that where an act is done under the Migration Act
before the commencement of this item, and that act is done under a provision of
the Migration Act that is subsequently amended by this Schedule, that act is
taken on and after the commencement of this item to be an act done under the
Migration Act as amended by Schedule 1 to this Bill.
SCHEDULE 2
– Amendments to facilitate computer-based decision making
42. This item inserts new sections 36A and 36B into the Citizenship Act.
New sections 36A and 36B establish the legislative framework to enable the
Minister to arrange for the use of computer programs, under his or her control,
to make decisions under the Citizenship Act.
New section 36A Minister
may arrange for use of computer programs to make
decisions
etc.
43. New subsection 36A(1) provides that the Minister may arrange for the use
of computer programs to make a decision, exercise a power or obligation, or do
anything else relating to a decision, power or obligation, under the Citizenship
Act or the Australian Citizenship Regulations (“the Citizenship
Regulations”). Nothing in subsection (1) compels the Minister to arrange
for such use of computer programs.
44. New subsection 36A(2) deems a
decision made, or any power or obligation exercised, by a computer program to be
that of the Minister.
45. The introduction of computer-based decision
making in the citizenship context will not occur immediately. Nonetheless,
section 36A establishes a flexible legislative regime that will support
advancements in information technology and future developments in business
processing. In addition, where automated processing does occur, computer
programs will be carefully designed to guard against fraud.
New section 36B Minister may substitute more favourable decisions for
certain
computer-based decisions
46. New subsection 36B(1) provides that the Minister may substitute a
more favourable decision for that of the computer program. This power is
intended to operate as a “safety mechanism” to enable the Minister
to address any injustices caused to applicants, as a result of computer-related
errors. However, nothing in this provision is intended to affect any merits
review entitlements that an applicant may have.
47. The power in
subsection 36B(1) may be used where a certificate under new section 46B relating
to the computer program and decision has been issued, and the certificate states
that the computer program was not functioning correctly. This will ensure that
the Minister can correct adverse decisions without the need for applicants to
seek external review, where it is the computer program itself that has made an
error. This power will be used, for example, where a computer program has
incorrectly refused to grant Australian citizenship.
48. The Minister may only substitute a more favourable decision if it
could have been made under the Citizenship Act or the Citizenship Regulations.
For example, an applicant must continue to meet all of the criteria for the
grant of Australian citizenship before the Minister exercises this
power.
49. Under new subsection 36B(2), the Minister is not obliged to
consider whether to exercise the power to substitute a more favourable decision.
However, the Minister may exercise this power despite any law of the
Commonwealth, or any rule of common law, to the contrary effect (new subsection
36B(3) refers). This is intended to expressly displace the operation of the
functus officio principle. That is, as the decision of the computer is
deemed to be that of the Minister, the Minister would not normally be able to
reconsider the decision.
New section 46B Evidence of whether computer program is functioning
correctly
50. This item inserts new section 46B into the
Citizenship Act. New subsection 46B(l) provides that, in citizenship
proceedings, a certificate signed by an officer stating whether a computer
program was functioning correctly at a specified time or during a specified
period, and in relation to specified outcomes, is prima facie evidence of those
matters. A person who disagrees with the matters stated in a certificate bears
the onus of proving otherwise.
51. In addition, a certificate issued
under this provision stating that a computer program was not functioning
correctly, serves as a trigger for use of the power to substitute a more
favourable decision under new section 36B.
52. New subsection 46B(2)
defines the term “functioning correctly” for the purposes of new
subsection 46B(l). A computer program is “functioning correctly” if
outcomes from its operation comply with the Citizenship Act and Citizenship
Regulations, and those outcomes would be valid if they were made by the
Minister.
53. New subsection 46B(3) defines the terms “citizenship
proceedings” and “officer”, for the purposes of section
46B.
Item 3 At the end of subsection 52(2)
54. This item amends
existing section 52(2) of the Migration Act to ensure that a prescribed way of
communicating with the Minister may include any process for authenticating a
visa applicant’s identity.
55. With electronic lodgement and
processing of visa applications, it may be necessary in certain circumstances
for visa applicants to authenticate their identity. This amendment will enable
the future introduction of any identity authentication processes that may become
necessary for on-line or other electronic access to visa applications or visa
processing systems (for example, via the internet).
Item 4 Subsection 84(2)
56. This amendment is consequential to the insertion of new section 495A
into the Migration Act and will ensure that subsection 84(2) operates to cover
powers or obligations exercised by a computer program.
Item 5 Subsection 84(4)
57. This amendment is consequential to
the insertion of new section 495A into the Migration Act and will ensure that
subsection 84(4) operates to cover powers or obligations exercised by a computer
program.
Item 6 Subsection 84(6)
58. This item repeals existing subsection 84(6) of the Migration Act and substitutes new subsection 84(6) to define the word “act” for the purposes of section 84. This amendment is consequential to the amendments made by items 4 and 5.
Item 7 At the end of subsection 271(1)
59. This item
inserts new paragraph 271(1)(l) at the end of subsection 271(1) of the Migration
Act, and is equivalent to item 2 which makes amendments to the Citizenship Act.
New paragraph 271(1)(l) provides that, in migration proceedings, a certificate
signed by an officer stating whether a computer program was functioning
correctly at a specified time or during a specified period, and in relation to
specified outcomes, is prima facie evidence of those matters. A person who
disagrees with the matters stated in a certificate bears the onus of proving
otherwise. The term. “functioning correctly” is defined in new
subsection 271(5).
60. In addition, a certificate issued under this
provision stating that a computer program was not functioning correctly, serves
as a trigger for use of the power to substitute a more favourable decision under
new section 495B.
61. This item inserts new subsection 271(5) at the end of section 271 of
the Migration Act. New subsection 271(5) defines the term “functioning
correctly” for the purposes of new paragraph 271(1)(l). A computer
program is “functioning correctly” if outcomes from its operation
comply with the Migration Act and the Migration Regulations, and those outcomes
would be valid if they were made by the Minister.
Item 9 After section 495
62. This item inserts new sections 495A and 495B into the Migration Act.
This item is broadly equivalent to item 1, which inserts new sections 36A and
36B into the Citizenship Act.
63. New section 495A and 495B establish the
legislative framework to enable the Minister to arrange for the use of computer
programs, under his or her control, to make decisions under the Migration
Act.
New section 495A Minister may arrange for use of computer
programs to make
decisions etc.
64. New subsection
495A(1) provides that the Minister may arrange for the use of computer programs
to make a decision, exercise a power or obligation, or do anything else relating
to a decision, power or obligation, under “designated migration
law”. The term “designated migration law” is defined in new
subsection 495A(3). Nothing in subsection (1) compels the Minister to arrange
for such use of computer programs.
65. New subsection 495A(2) deems a
decision made, or any power or obligation exercised, by a computer program to be
that of the Minister.
66. New subsection 495A(3) defines the term
“designated migration law” to include Subdivisions A, AA, AB and AC
of Division 3 of Part 2 (other than section 48B) of the Migration Act. These
provisions essentially relate to the processing of applications for visa
grants.
67. Section 48B has been exempted from computer-based decision
making because it is a power that may only be exercised personally by the
Minister. Section 48B provides the Minister with the power to determine that a
non-citizen refused a protection visa may make a further application for a
protection visa while in the migration zone.
68. In addition, the
Minister may determine, in writing, any additional provision of the Migration
Act or the Migration Regulations to be part of the “designated migration
law”. However, new subsection 495A(4) provides that such a determination,
is a disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901. Any additions would, therefore, be subject to
parliamentary scrutiny.
69. Currently, computer-based decision making is
intended to have a limited field of operation. In the migration context, a
computer program will only be making decisions on applications for classes of
visas where the criteria for grant may be subject to automated assessment.
Nonetheless, section 495A establishes a flexible legislative regime that will
support future developments in business processing and information
technology.
New section 495B Minister may substitute more favourable decisions for
certain computer-based decisions
70. New subsection 495B(1) provides that the Minister may substitute a
more favourable decision for that of the computer program. This power is
intended to operate as a “safety mechanism” to enable the Minister
to address any injustices caused to applicants, as a result of computer-related
errors.
71. Subsection 495B(1) may be used where a certificate under
paragraph 271(1)(l) relating to the computer program and decision has been
issued, and the certificate states that the computer program was not functioning
correctly. This will ensure that the Minister can correct adverse decisions
without the need for applicants to seek external review, where it is the
computer program itself that has made an error. However, nothing in this
provision is intended to affect any merits review entitlements that an applicant
may have.
72. This power will be used, for example, where a computer program has
incorrectly refused to grant a visa or has granted the wrong visa subclass.
However, where the computer program incorrectly grants a visa, visa cancellation
powers will be relied on to correct the error.
73. The Minister may only
substitute a more favourable decision if it could have been made under the
“designated migration law” as defined in new subsection 495A(3).
For example, a visa applicant must continue to meet all of the criteria for the
grant of a visa before the Minister exercises this power.
74. Under new
subsection 495B(2), the Minister is not obliged to consider whether to exercise
the power to substitute a more favourable decision. However, the Minister may
exercise this power despite any law of the Commonwealth, or any rule of common
law, to the contrary effect (new subsection 495B(3) refers). This is intended
to expressly displace the operation of the functus officio principle.
That is, as the decision of the computer is deemed to be that of the Minister,
the Minister would not normally be able to reconsider the decision.
75. The amendments contained in Schedule 3 consolidate into the Migration Act
various provisions of the Migration Act and the Migration Regulations dealing
with:
• the manner of giving documents to persons by the Minister,
the MRT and the RRT; and
• the deemed receipt provisions which
might apply where one of those methods of giving is used, to determine the time
when a particular document is taken to have been received (items 10, 11, 18, 19
and 20 refer).
76. The new provisions essentially retain the status quo
currently located in sections 53, 379A and 441A of the Migration Act, and
regulation 5.03 of the Migration Regulations. The amendments also add an
electronic method for the giving of documents, and the deemed receipt provision
which applies where that method is used, to comply with the requirements of the
ET Act.
77. This item inserts new subsections (3A), (3B) and (3C) into section 52 of
the Migration Act as a consequence of the repeal of section 53 by item 2.
Section 52 currently deals with the way a visa applicant or “interested
person” is to communicate with the Minister.
78. This item brings
existing provisions from section 53, concerning communication with the Minister
while the visa application is being dealt with, into section 52 of the Migration
Act. Section 52 now generally deals with the subject of communicating with the
Minister.
79. New subsection 52(3A) effectively restates subsection
53(1) of the Migration Act (repealed by item 2); it requires a visa applicant to
tell the Minister the address at which the applicant intends to live while the
application is being dealt with.
80. New subsection 52(3B) effectively
restates subsection 53(2) of the Migration Act (repealed by item 2); it requires
a visa applicant who proposes to change the address at which he or she intends
to live for a period of 14 days or more to tell the Minister the address and the
period of proposed residence.
81. New subsection 52(3C) restates
subsection 53(8) of the Migration Act (repealed by item 2); it provides that
where two or more non-citizens apply for visas together (in accordance with the
Migration Regulations), notifications given to any of them about the application
are taken to be given to each of them.
82. This item repeals section 53 of the Migration Act. The content of
existing subsections (1), (2) and (8) of section 53 are now contained in new
subsections 52(3A), 52(3B) and 52(3C) (item 1 refers). The remainder of the
content of section 53 has been translated into new sections 494A to 494D (item
20 refers).
Item 3 Subsection 69(1)
83. This item makes a
technical amendment to subsection 69(1) of the Migration Act as a consequence of
the repeal of section 53 and the translation of its elements into new section
494D (item 20 refers).
Item 4 Subsections 359(3) and
(4)
84. This item replaces existing subsections 359(3) and (4) of the
Migration Act with new subsections 359(3) and (4).
85. New subsection
359(3) incorporates the content of existing subsections 359(3) and (4),
detailing how the MRT gives an invitation for a person to give information in
connection with a review.
86. It does this by providing that an
invitation by the MRT for a person to give information must be given to that
person by one of the methods specified in new section 379A (inserted by item
11). However, if the person is in immigration detention, the invitation must be
given by a method prescribed in the Migration Regulations.
87. New
subsection 359(4) provides that an invitation to the Secretary to provide
information to the MRT in connection with a review must be given by one of the
methods specified in new section 379B (inserted by item 11).
Item
5 Subsections 359A(2) and (3)
88. This item repeals subsections
359A(2) and (3) of the Migration Act and substitutes new subsection
359A(2).
89. New subsection 359A(2) incorporates the content of existing subsections
359A(2) and (3), detailing how an invitation by the MRT for an applicant to
comment on information in connection with a review is to be given to that
applicant.
90. It does this by providing that the information, and the
invitation to comment on that information, must be given to the applicant by one
of the methods specified in new section 379A (inserted by item 11). However, if
the applicant is in immigration detention, the information and invitation must
be given by a method prescribed in the Migration Regulations.
Item 6 Subsections 360A(2) and (3)
91. This item repeals and
condenses subsections 360A(2) and (3) of the Migration Act into new subsection
360A(2), which sets out the same requirements for the serving of a notice on an
applicant to appear before the MRT as are provided in item 5.
92. This item adds new subsection 368A(5) to the end of section 368A of
the Migration Act. The amendment requires the MRT to give notice to the
Secretary of the day on which, and the time and place at which, an MRT decision
is to be handed down, in accordance with one of the methods in section 379B
(item 11 refers). This effectively repeats the current requirement in section
379A of the Migration Act.
Item 8 Subsection
368B(7)
93. This item omits all the words after the reference to
“368(1)” in subsection 368B(7) of the Migration Act. The content of
the existing subsection is now contained in the proposed new subsection 368B(7),
as outlined in item 9.
Item 9 At the end of subsection
368B(7)
94. This item adds, at the end of subsection 368B(7) of the
Migration Act, the requirement to give the Secretary a copy of the written
statement setting out the MRT’s decision. This must be done within 14
days of the MRT handing down its decision and by one of the methods specified in
section 379B (item 11 refers).
95. This item repeals existing section 379A of the Migration Act
(methods of dispatch of certain documents). The giving and receiving of MRT
review documents is dealt with in new Division 8A of Part 5, inserted by item
11.
96. This item inserts new Division 8A into the Migration Act. This
Division consolidates into one discrete part the various legislative provisions
which currently appear in the Migration Act and the Migration Regulations,
dealing with how the MRT might give documents to persons and the corresponding
deemed receipt provisions. The deemed receipt provisions determine the time
when a particular document is taken to have been received by a person.
97. An electronic method for the giving of documents has also been added,
together with the deemed receipt provision which applies where that method is
used. This complies with the requirements of the ET Act.
New section 379AA Giving documents by Tribunal where no requirement to do
so by section 379A or 379B method
98. New section 379AA authorises
the MRT to use any method that it considers to be appropriate to give a document
to a person in circumstances where the method for giving the document has not
been specified by the Migration Act or the Migration Regulations. This section
does not prevent the MRT from opting to use one of the methods specified in new
section 379A or 379B, or which may have been prescribed by the Migration
Regulations.
99. While only certain documents (notices, invitations,
written statements etc.) are required to be given by one of the methods
specified in section 379A or 379B, other documents might be given in these ways
and, if they are, the provisions of new sections 379C and 379D may be invoked to
determine the time when the document is taken to have been
received.
New section 379A Methods by which Tribunal gives documents
to a person
other than the Secretary
100. New section
379A specifies alternative methods that control the ways in which the MRT is
authorised to give documents to any person (other than the Secretary) for the
purposes of Part 5 of the Migration Act (dealing with the merits review by the
MRT of general visa decisions) or the Migration Regulations. One of these
methods must be used whenever a provision of Part 5 or the Migration Regulations
requires the document to be given in conformity with this section. However, the
MRT is left free to determine which method to use in any given
case.
101. A member, the Registrar, a Deputy Registrar or another
officer of the MRT is authorised to give documents in any of four alternative
ways, namely:
• by handing the document to the recipient
(subsection (2)); or
• by handing the document to another person
who appears to be at least 16 years of age and who appears to be living at the
last residential address provided to the MRT by the intended recipient, or who
appears to be working at the last business address provided to the MRT by the
intended recipient (subsection (3)); or
• by dating the document
and sending it to the recipient by prepaid post, or by any other prepaid method
(for example, by courier service), within 3 working days. The document may be
sent to any of 3 addresses provided by the recipient to the MRT, namely the most
recent address for service, the last residential address or the last business
address notified to the MRT for the purposes of the review (subsection (4));
or
• by fax, e-mail or other electronic means to the most recently
provided fax number,
e-mail address or other electronic address provided to
the MRT by the recipient for the purposes of the review (subsection (5)). These
methods are not intended to operate independently. For example, the MRT is
authorised to use the most recent fax number even though it might have been
given an even more recent e-mail address.
102. Subsection 379A(5),
which provides an electronic method for the giving of documents by the MRT,
represents a new dispatch method from that which currently appears in the
legislation. As outlined under Schedule 1 of the Explanatory Memorandum, to
remain consistent with the ET Act, an administrative regime will be instituted
whereby persons will be required to provide their written consent before the MRT
may communicate with them electronically.
103. In the first two of the
four alternatives, a person authorised in writing by the Registrar may also give
documents. This will enable the MRT to authorise, for example, process servers
to give documents.
104. New section 379B specifies alternative methods that control the
ways in which the MRT is authorised to give documents to the Secretary for the
purposes of Part 5 or the Migration Regulations. One of these methods must be
used where a provision in Part 5 or the Migration Regulations requires the
document to be given in conformity with this section. However, the MRT is left
free to determine which method to use. The methods are the same as those for
the giving of documents to a person (new section 379A refers), except that there
is no need for a separate provision dealing with giving documents to a person at
the Secretary’s notified address.
New section 379C When a
person other than the Secretary is taken to have received a document from the
Tribunal
105. New section 379C provides rules for determining the
time when a person is taken to have received a document. The section
incorporates the deemed receipt elements of current section 379A, together with
regulation 5.03 of the Migration Regulations. The section also incorporates the
deemed receipt equivalent, where the electronic method of giving a document is
employed.
106. The rules will only apply if the MRT uses one of the
methods specified in new section 379A, even where it was not required to do so
by the legislation.
107. The following rules determine the time when a
document given under new section 379A is taken to have been
received:
• where the document is given by hand under new
subsection 379A(2), the document is taken to be received at the time that it is
handed to the person specified in new subsection 379A(2);
• where the
document is given by hand under new subsection 379(3) to another person, the
document is taken to be received by the first person at the time that it is
handed to the other person specified in new subsection
379A(3);
• where the document is given by post or other means under
new subsection 379A(4), the document is taken to be received 7 working days
after the date of the document if the document is sent to an address in
Australia, or 21 days after the date of the document in all other cases. This
effectively transfers regulation 5.03 into the Migration
Act;
• where the document is given by fax, e-mail or other
electronic means under new subsection 379A(5), the document is taken to be
received at the end of the day on which the document was
transmitted.
108. New subsection 379C(6) provides that subsection 379C(5)
applies despite section 14 of the ET Act. The effect of this provision is to
disapply the deemed receipt provisions of the ET Act in favour of the deemed
receipt provision in subsection 379C(5), as this is more certain than the model
in section 14.
109. In general terms, section 14 of the ET Act provides
that the time for receipt is when the electronic communication enters the
information system of the addressee. This might never be known by the
originator of the communication. There is a need in the migration context for
receipt to be easily determinable for the purposes of establishing the date from
which the time for making an MRT review application begins to run. Given this,
it was preferable to expressly provide for deemed receipt in Schedule 3 to the
Bill and not rely on the default provisions in section 14 of the ET
Act.
New section 379D When the Secretary is taken to have received a
document from the Tribunal
110. New section 379D provides rules for
determining the time when the Secretary is taken to have received a
document.
111. The rules will only apply if the MRT uses one of the
methods specified in new section 379B, even where it was not required to do so
by the legislation. The rules are the same as those for determining the time
when a document is taken to have been received by a person (new section 379C
refers), except that there is no need for a separate provision dealing with
giving documents to a person at the Secretary’s notified
address.
112. Subsection 379D(5) provides that subsection 379D(4) applies
despite section 14 of the ET Act, for the same reasons noted above.
113. New section 379E authorises the MRT to give a copy of any document
to a person instead of the original.
New section 379F Giving documents
etc. to the Tribunal
114. New section 379F provides the ways in
which a person must give documents to the MRT. Three methods are specified,
namely:
• by giving the document to the Registrar, a Deputy
Registrar or another officer of the MRT;
• by following a method
set out in directions that have been given under section 353A (relating to
directions given by the Principal Member of the MRT); or
• if the
Migration Regulations set out a method for doing so – by that method.
115. New subsection 379G(1) authorises the review applicant to notify
the MRT in writing that the applicant has authorised another person (the
“authorised recipient”) to receive documents in connection with the
review, or to do things that include the receiving of such documents. In these
cases, the MRT must give such documents to the authorised
recipient.
116. New subsection 379G(2) provides that the MRT discharges
its obligation to give a document to the applicant if it gives the document to
the authorised recipient.
117. New subsection 379G(3) permits the
applicant to vary or withdraw the authorisation, and prevents the applicant from
having more than one authorised recipient at the same time.
118. New
subsection 379G(4) permits the MRT to communicate directly with the applicant
but requires the MRT to give the authorised recipient notice of any such direct
communication.
119. New subsection 379G(5) removes a possible source of
confusion by providing that new section 379G does not apply to the giving of
documents directly to the applicant when the applicant is appearing before the
MRT.
120. This new section effectively restates most of section 53 of the
Migration Act. Former subsections 53(4), (5), (6) and (7) have been subsumed
into this new provision (item 2 which repeals section 53 refers).
Item
12 Subsection 424(3)
121. This item repeals and replaces subsection
424(3) of the Migration Act. New subsection 424(3) provides that an invitation
for a person to give additional information to the RRT must be given to the
person by one of the methods specified in section 441A unless the person is in
immigration detention. Persons in detention must be given an invitation by a
method prescribed in the Migration Regulations. This effectively reflects the
existing requirements.
Item 13 Subsection 424A(2)
122. This
item repeals and replaces subsection 424A(2) of the Migration Act. New
subsection 424A(2) prescribes that information, and an invitation to comment on
that information, must be given to an applicant by the RRT by one of the methods
specified in section 441A unless the applicant is in immigration detention.
Applicants in detention must be given the information and invitation by a method
prescribed in the Migration Regulations. This effectively restates the existing
requirements.
Item 14 Subsection 425A(2)
123. This item
repeals and replaces subsection 425A(2) of the Migration Act. New subsection
425A(2) provides that if an applicant is invited to appear before the RRT, the
applicant must be given notice of such appearance by one of the methods
specified in section 441A unless the applicant is in immigration detention.
Applicants in detention must be given the invitation by a method prescribed in
the Migration Regulations. This effectively restates the existing
requirements.
124. This item adds the requirement that the Secretary must be given
notice of the RRT’s handing down of a decision in accordance with one of
the methods specified in section 441B (item 19 refers). This effectively
repeats the existing requirements in section 441A.
Item 16 Subsection
430B(7)
125. This item omits all of the words after
“430(1)” in subsection 430B(7) of the Migration Act, as the
subsection is amended by item 17.
Item 17 At the end of subsection
430B(7)
126. This item adds new paragraphs 430B(7)(a) and (b) at the
end of subsection 430B(7) of the Migration Act. New paragraphs 430B(7)(a) and
(b) provide that a copy of the RRT’s decision is to be given to the
Secretary within 14 days after the handing down of the decision, and by one of
the methods specified in section 441B. This effectively repeats the current
requirement in section 441A.
127. This item repeals section 441A of the Migration Act. Matters dealt
with by that provision are proposed to be covered by new Division 7A, inserted
by item 19.
Item 19 After Division 7 of Part 7
128. This item inserts new Division 7A into the Migration Act. This
Division consolidates into one discrete part the various legislative provisions
which currently appear in the Migration Act and the Migration Regulations,
dealing with how the RRT might give documents to persons and the corresponding
deemed receipt provisions. The deemed receipt provisions determine the time
when a particular document is taken to have been received by a
person.
129. An electronic method for the giving of documents has also
been added, together with the deemed receipt provision which applies where that
method is used. This complies with the requirements of the ET
Act.
New section 441AA Giving documents by Tribunal where no
requirement to do so by section 441A or 441B method
130. New section
441AA authorises the RRT to use any method that it considers to be appropriate
in order to give a document to a person in circumstances where the method for
giving the document has not been specified by the Migration Act or the Migration
Regulations. This new section does not prevent the RRT from opting to use one
of the methods specified in new section 441A or 441B, or which may have been
prescribed by the Migration Regulations.
131. While only certain
documents (notices, invitations, written statements etc.) are required to
be given by one of the methods specified in section 441A or 441B, other
documents might be given in these ways and, if they are, the provisions of new
sections 441C and 441D may be invoked to determine the time when the document is
taken to have been received.
New section 441A Methods by which
Tribunal gives documents to a person other than the Secretary
132. New section 441A specifies alternative methods that control
the ways in which the RRT is authorised to give documents to any person (other
than the Secretary) for the purposes of Part 7 of the Migration Act (dealing
with the merits review by the RRT of protection visa decisions) or the Migration
Regulations. One of these methods must be used whenever a provision of Part 7
or the Migration Regulations requires the document to be given in conformity
with this section. However, the RRT is left free to determine which method to
use in any given case.
133. A member, the Registrar or an officer of the
RRT is authorised to give documents in any of four alternative ways, namely:
• by handing the document to the recipient (subsection (2));
or
• by handing the document to another person who appears to be at
least 16 years of age and who appears to be living at the last residential
address that was provided to the RRT by the intended recipient, or who appears
to be working at the last business address provided to the RRT by the intended
recipient (subsection (3)); or
• by dating the document and sending
it to the recipient by prepaid post, or by any other prepaid method (for
example, by courier service), within 3 working days. The document may be sent
to any of 3 addresses provided by the recipient to the RRT, namely the most
recent address for service of review-related documents, the last residential
address or the last business address notified to the RRT for the purposes of the
review (subsection (4)); or
• by fax, e-mail or other electronic
means to the most recently provided fax number,
e-mail address or other
electronic address provided to the RRT by the recipient for the purposes of the
review (subsection (5)). These methods are not intended to operate
independently. For example, the RRT is authorised to use the most recent fax
number even though it might have been given an even more recent e-mail address.
134. Subsection 441A(5), which provides an electronic method for the
giving of documents by the RRT, represents a new dispatch method from that which
currently appears in the legislation. As outlined under Schedule 1 of the
Explanatory Memorandum, to remain consistent with the ET Act, an administrative
regime will be instituted whereby persons will be required to provide their
written consent before the RRT may communicate with them
electronically.
135. In the first two of the four alternatives, a person
authorised in writing by the Registrar may also give documents. This will
enable the RRT to authorise, for example, process servers to give documents.
136. New section 441B specifies alternative methods that control the
ways in which the RRT is authorised to give documents to the Secretary for the
purposes of Part 7 or the Migration Regulations. One of these methods must be
used where a provision in Part 7 or the Migration Regulations requires the
document to be given in conformity with this section. However, the RRT is left
free to determine which method to use. The methods are the same as those for
the giving of documents to a person (new section 441A refers), except that there
is no need for a separate provision dealing with giving documents to a person at
the Secretary’s notified address.
New section 441C When a
person other than the Secretary is taken to have received a document from the
Tribunal
137. New section 441C provides rules for determining the
time when a person is taken to have received a document. The section
incorporates the deemed receipt elements of current section 441A, together with
regulation 5.03 of the Migration Regulations. The section also incorporates the
deemed receipt equivalent, where the electronic method of giving a document is
employed.
138. The rules will only apply if the RRT uses one of the
methods specified in new section 441A, even where it was not required to do so
by the legislation.
139. The following rules determine the time when a
document given under new section 441A is taken to have been
received:
• where the document is given by hand under new
subsection 441A(2), the document is taken to be received at the time that it is
handed to the person specified in new subsection 441A(2);
• where
the document is given by hand under new subsection 441A(3) to another person,
the document is taken to be received by the first person at the time that it is
handed to the other person specified in new subsection
441A(3);
• where the document is given by post or other means under
new subsection 441A(4), the document is taken to be received 7 working days
after the date of the document if the document is sent to an address in
Australia, or 21 days after the date of the document in all other cases. This
effectively transfers regulation 5.03 into the Migration
Act;
• where the document is given by fax, e-mail or other
electronic means under new subsection 441A(5), the document is taken to be
received at the end of the day on which the document was
transmitted.
140. New subsection 441C(6) provides that subsection 441C(5)
applies despite section 14 of the ET Act. The effect of this provision is to
disapply the deemed receipt provisions of the ET Act in favour of the deemed
receipt provision 441C(5), as this is more certain than the model in section
14.
141. In general terms, section 14 of the ET Act provides that the
time for receipt is when the electronic communication enters the information
system of the addressee. This might never be known by the originator of the
communication. There is a need in the migration context for receipt to be
easily determinable for the purposes of establishing the date from which the
time for making a review application to the RRT begins to run. Given this, it
was preferable to expressly provide for deemed receipt in Schedule 3 to the Bill
and not rely on the default provisions of section 14 of the ET
Act.
New section 441D When the Secretary is taken to have received a
document from the Tribunal
142. New section 441D provides rules for
determining the time when the Secretary is taken to have received a document
from the RRT.
143. The rules will only apply if the RRT uses one of the
methods specified in new section 441B, even where it is not required to do so by
the legislation. The rules are the same as those for determining the time when
a document is taken to have been received by a person (new section 441C), except
that there is no need for a separate provision dealing with giving documents to
a person at the Secretary’s notified address.
144. Subsection
441D(5) provides that subsection 441D(4) applies despite section 14 of the ET
Act, for the same reasons noted above.
145. New section 441E authorises the RRT to give a copy of any document
to a person instead of the original.
146. New section 441F provides the ways in which a person must give
documents to the RRT. Three methods are specified, namely:
• by
giving the document directly to the Registrar or an officer of the RRT;
or
• by following a method set out in directions that have been
given under section 420A (relating to directions given by the Principal member
of the RRT); or
• if the Migration Regulations set out a method for
doing so – by that method.
147. New subsection 441G(1) authorises the review applicant to notify
the RRT in writing that the applicant has authorised another person (the
“authorised recipient”) to receive documents in connection with the
review, or to do things that include the receiving of such documents. In these
cases, the RRT must give such documents to the authorised recipient.
148. New subsection 441G(2) provides that the RRT discharges its
obligation to give a document to the applicant if it gives the document to the
authorised recipient.
149. New subsection 441G(3) permits the applicant
to vary or withdraw the authorisation, and prevents the applicant from having
more than one authorised recipient at the same time.
150. New subsection
441G(4) permits the RRT to communicate directly with the applicant but requires
the RRT give the authorised recipient a notice of any such direct communication.
151. New subsection 441G(5) removes a possible source of confusion by
providing that new section 441G does not apply to the giving of documents
directly to the applicant when the applicant is appearing before the
RRT.
Item 20 After section 494
152. Item 20 inserts new sections 494A, 494B, 494C and 494D into the Migration Act, which provide for certainty of dispatch and receipt where the Minister gives documents.
153. New section 494A authorises the Minister to use any method that he
or she considers to be appropriate to give a document to a person in
circumstances where the method for giving the document has not been specified by
the Migration Act or the Migration Regulations. This section does not prevent
the Minister from opting to use one of the methods specified in new section 494B
or prescribed by the Migration Regulations. However, where the Minister does
use a method in section 494B, the provisions of new section 494C may be invoked
to determine when the document is taken to have been received.
New
section 494B Methods by which Minister gives documents to a
person
154. New section 494B specifies alternative methods that
control the ways in which the Minister is authorised to give documents to any
person for the purposes of the Migration Act or the Migration Regulations. One
of these methods must be used whenever a provision in the Migration Act or the
Migration Regulations requires the document to be given in conformity with this
section. However, the Minister is left free to determine which method to use in
any given case.
155. This provision mirrors the methods in new section
379A and 441A by which the MRT and RRT give documents.
156. The Minister
is authorised to give documents in any of four alternative ways, namely:
• by handing the document to the recipient (subsection (2));
or
• by handing the document to another person who appears to be at
least 16 years of age and who appears to be living at the last residential
address provided by the intended recipient to the Minister, or who appears to be
working at the last business address provided by the intended recipient to the
Minister (subsection (3)); or
• by dating the document and sending
it to the recipient by prepaid post, or by any other prepaid method (for
example, by courier service), within 3 working days. The document may be sent
to any of 3 addresses provided by the recipient to the Minister, namely the most
recent address for service of documents, the last notified residential address
or the last notified business address (subsection (4)); or
• by
fax, e-mail or other electronic means to the most recently provided fax number,
e-mail address or other electronic address provided to the Minister by the
recipient for the purposes of receiving documents (subsection (5)). These
methods are not intended to operate independently. For example, the Minister is
authorised to use the most recent fax number even though he or she has been
given an even more recent e-mail address.
157. Subsection 494B(5),
which provides an electronic method for the giving of documents by the Minister,
represents a new dispatch method from that which currently appears in the
legislation. As outlined under Schedule 1 of the Explanatory Memorandum, to
remain consistent with the ET Act, an administrative regime will be instituted
whereby persons will be required to provide their written consent before the
Minister may communicate with them electronically.
158. In the first two
of the four alternatives, an authorised officer may also give certain documents.
This will enable, for example, process servers to give documents. In addition,
for the purposes of sections 494C and 494D, a reference in those sections to an
act of the Minister includes a reference to an act of the Minister by way of an
authorised officer.
159. New section 494C provides rules for determining the time when a
person is taken to have received a document. The section incorporates the
deemed receipt elements of current subsections 53(3) and 53(6), together with
regulation 5.03 of the Migration Regulations.
160. These rules will only
apply if the Minister uses one of the methods specified in new section 494B,
even where the Minister was not required to do so by the
legislation.
161. The following rules determine the time when a document
given under new section 494B is taken to have been
received:
• where the document is given by hand under new
subsection 494B(2), the document is taken to be received at the time that it is
handed to the person specified in new subsection 494B(2);
• where
the document is given by hand under new subsection 494B(3), the document is
taken to be received at the time that it is handed to the person specified in
new subsection 494B(3);
• where the document is given by post or
other means under new subsection 494B(4), the document is taken to be received 7
working days after the date of the document if the document is sent to an
address in Australia, or 21 days after the date of the document in all other
cases;
• where the document is given by fax, e-mail or other
electronic means under new subsection 494(5), the document is taken to be
received at the end of the day on which the document was transmitted.
163. In general terms, section 14 of the ET Act provides that the time
for receipt is when the electronic communication enters the information system
of the addressee. This might never be known by the originator of the
communication. There is a need in the migration context for receipt to be
easily determinable for the purposes of establishing the date from which the
time for making a review application begins to run. Given this, it was
preferable to expressly provide for deemed receipt in Schedule 3 to the Bill and
not rely on the default provisions in section 14 of the ET Act.
164. New subsection 494D(1) authorises a person (the “first
person”) to notify the Minister in writing that the first person has
authorised another person (the “authorised recipient”) to receive
documents in connection with matters arising under the Migration Act or the
Migration Regulations, or to do things that include the receiving of such
documents. In these cases, the Minister must give such documents to the
authorised recipient.
165. New subsection 494D(2) provides that the
Minister discharges his or her obligation to give a document to the first person
if the Minister gives the document to the authorised recipient.
166. New subsection 494D(3) permits the first person to vary or withdraw
the authorisation, and prevents the first person from having more than one
authorised recipient at the same time.
167. New subsection 494D(4)
permits the Minister to communicate directly with the first person, but requires
the Minister give the authorised recipient a notice of any such direct
communication.
SCHEDULE 4 – Technical amendments
Item 1 Section 97 (definition of application
form)
168. This item makes a technical amendment to the
definition of “application form” in section 97 of the Migration Act.
This amendment is made because the Migration Legislation Amendment Act (No.
1) 2000 repealed subsection 45(2) of the Migration Act, and transferred its
contents to section 46.
Item 2 Paragraph
268BP(2)(b)
169. This item makes a technical correction to paragraph
268BP(2)(b) of the Migration Act.
Item 3 Item 12 of Schedule 3
170. This item makes a technical correction to item 12 of Schedule 3 to
the Migration Legislation Amendment Act (No. 1) 1998.