Migration Amendment (Notification Review) Act 2008
No. 112, 2008
An Act to amend the law relating to migration, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Migration Act 1958
Migration Amendment (Notification Review) Act 2008
No. 112, 2008
An Act to amend the law relating to migration, and for related purposes
[Assented to 31 October 2008]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Notification Review) Act 2008.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 31 October 2008 |
2. Schedule 1, items 1 and 2 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 5 December 2008 (see F2008L04521) |
3. Schedule 1, item 3 | The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 13 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 5 December 2008
(paragraph (a) applies) |
4. Schedule 1, item 4 | At the same time as the provision(s) covered by table item 2. | 5 December 2008 |
5. Schedule 1, item 5 | The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 13 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 5 December 2008
(paragraph (a) applies) |
6. Schedule 1, items 6 to 12 | At the same time as the provision(s) covered by table item 2. | 5 December 2008 |
7. Schedule 1, item 13 | The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 26 of Schedule 1 to the Migration Legislation Amendment Act (No. 1) 2008. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 5 December 2008
(paragraph (a) applies) |
8. Schedule 1, item 14 | At the same time as the provision(s) covered by table item 2. | 5 December 2008 |
9. Schedule 1, item 15 | The later of: (a) immediately… |
Overview
The Migration Amendment (Notification Review) Act 2008 was enacted by the Parliament of Australia to amend the Migration Act 1958, primarily to address the issue of ensuring effective communication and notification processes for minors involved in migration proceedings. This Act introduces provisions that allow the Migration Review Tribunal, the Minister, and the Administrative Appeals Tribunal to provide documents to individuals who are at least 18 years old and have a close relationship with a minor, such as those who have day-to-day care or responsibility for the minor or work in an organisation that does. This amendment is intended to ensure that minors receive the necessary notifications and documents in a timely and effective manner, while also considering the practicalities and protections involved in dealing with minors. The Act came into effect on 5 December 2008, with certain provisions commencing on the date of Royal Assent, 31 October 2008, and others on a later specified date.
The objective of the Act is to improve the efficiency and effectiveness of the migration review process by clarifying the mechanisms for notifying and providing documents to minors, thereby ensuring that their interests are adequately represented and protected. This is achieved by enabling the Tribunal, the Minister, and the Administrative Appeals Tribunal to directly communicate with responsible individuals who are in a position to ensure that the minor receives the necessary information. This approach balances the need to protect the minor's rights with the practicalities of ensuring that the minor and their carers are properly informed about the proceedings affecting them.
Scope and Application
The Migration Amendment (Notification Review) Act 2008 amends the Migration Act 1958 to modify the procedures regarding the notification of minors in migration matters. This Act applies to any person who is a minor, as well as to the members, Registrar, Deputy Registrar, and officers of the Migration Review Tribunal and the Minister administering the Migration Act. It pertains to the methods and circumstances under which documents are given to minors or their carers, ensuring that the minors' interests are appropriately safeguarded. Geographically, the Act has a national reach, as it amends a Commonwealth Act that applies across Australia. The Act does not contain any specific exclusions or exemptions, though certain provisions are contingent upon the occurrence of specified events as outlined in the commencement table. The Act's provisions are primarily brought into effect through the schedule, which specifies amendments to the Migration Act 1958, and these amendments apply to documents given, dispatched, or transmitted on or after the commencement date specified in the schedule.
Key Provisions
- The Migration Amendment (Notification Review) Act 2008 (the "Act") amends the Migration Act 1958 (Cth) by introducing provisions to address the issue of notifications and documents being directed to carers of minors instead of the minors themselves. The key provisions of the Act involve amendments to sections 379AA, 379A, 441AA, 441A, 494A, and 494B of the Migration Act 1958 (Cth), which relate to the methods of communication and the individuals to whom documents may be directed when a person is a minor.
- The amendments introduced by the Act provide flexibility in the communication of documents to minors. For instance, if a minor is involved, the Tribunal or the Minister may direct documents to an individual who is at least 18 years of age if they reasonably believe the individual has day-to-day care and responsibility for the minor or works in an organisation that has care and responsibility for the minor and whose duties involve care and responsibility for the minor. This is provided that certain other sections of the Act do not apply in relation to the minor. Additionally, if the Tribunal or the Minister directs a document to a carer of a minor, it is taken to have been given to the minor, though this does not prevent the minor from also receiving a copy of the document.
- The Act imposes specific obligations on the Tribunal and the Minister. They must ensure that if a person is a minor, documents are appropriately directed to carers of the minor under certain circumstances. They must also ensure that any errors in directing documents do not invalidate the communication of the document to the minor or the carer, provided the document is still received by the intended recipient.
- Breaches of the provisions in the Act may result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, if a person fails to comply with the requirements to direct documents to the appropriate individual or carer, this could result in the invalidity of certain actions or decisions made by the Tribunal or the Minister. Additionally, any fraudulent or deliberate attempt to circumvent the provisions of the Act could lead to criminal charges. The specific penalties for breaches are not detailed in the Act itself but would be subject to the penalties prescribed under the Migration Act 1958 (Cth) or any other relevant legislation. These penalties can include fines and, in more severe cases, imprisonment.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
