Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Migration Legislation Amendment (Electronic Transactions and Methods of Notification) Act 2001 .
(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.
(2) Subject to subsections (3) to (6), if this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
(3) 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.(4) 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 .(5) 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 .(6) 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 .
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1 — Amendments to facilitate electronic communications
Insert:
electronic communication means:
(a) a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy; or
(b) a communication of information in the form of speech by means of guided and/or unguided electromagnetic energy, where the speech is processed at its destination by an automated voice recognition system.
Omit “or by post”, substitute “, by post or by an electronic communication”.
Omit “, either personally or by post,”.
Add “The notice may be served personally, by post or by an electronic communication.”.
Omit “, either personally or by post,”.
Add “The notice may be served personally, by post or by an electronic communication.”.
Omit “, either personally or by post,”.
Add “A notice under paragraph (a) may be served personally, by post or by an electronic communication.”.
Add “The notice may be served personally, by post or by an electronic communication.”.
Omit “, either personally or by post,”.
Add “The copy of that order may be served personally, by post or by an electronic communication.”.
Omit “, either personally or by post,”.
Add “The copy of that order may be served personally, by post or by an electronic communication.”.
Omit “, either personally or by post,”.
Add “The notice may be served personally, by post or by an electronic communication.”.
Omit “on an approved form”, substitute “in writing”.
Repeal the subsection, substitute:
(2) If the applicant is in Australia at the time the visa is granted, subsection (1) only applies to changes in circumstance before the visa is granted.
Omit “If the application for the visa was made outside Australia ”, substitute “If the applicant is outside Australia at the time the visa is granted”.
Omit “, on an approved form,”, substitute “in writing”.
If:
(a) an act is done before the commencement of this item; and
(b) that act is done under a provision of the
Migration Act 1958 that is subsequently amended by this Schedule;that act is taken on and after that commencement to be an act done under that provision as amended by this Schedule.
Insert:
(1) The Minister may arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under this Act or the regulations:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power, or complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).
(1) The Minister may substitute a decision (the
substituted decision ) for a decision (theinitial decision ) made by the operation of a computer program under an arrangement made under subsection 36A(1) if:
(a) a certificate under section 46B relates to the computer program and to the initial decision; and
(b) the certificate states that the computer program was not functioning correctly; and
(c) the substituted decision could have been made under the same provision of this Act or the regulations as the initial decision; and
(d) the substituted decision is more favourable to the applicant.
(2) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
Insert:
(1) In citizenship proceedings, a certificate signed by an officer stating whether or not a specified computer program was functioning correctly:
(a) at a specified time or during a specified period; and
(b) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 36A(1);
is prima facie evidence of the matters stated in the certificate.
(2) For the purposes of this section, a computer program is
functioning correctly if:
(a) outcomes from its operation comply with this Act and the regulations; and
(b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.
(3) In this section:
citizenship proceedings means:
(a) proceedings in a court (including criminal proceedings) that relate to this Act (including an offence against this Act); or
(b) proceedings that relate to an application for review under section 52A.
officer means:
(a) an officer of the Department; or
(b) a person authorised in writing by the Minister to issue certificates under this section; or
(c) any person who is included in a class of persons authorised in writing by the Minister to issue certificates under this section, including a person who becomes a member of the class after the authorisation is given.
Add “For this purpose, a
way of communicating includes any associated process for authenticating identity.”.
Omit “no official shall take any action”, substitute “no act is to be done”.
Omit “a person taking action”, substitute “an act being done”.
Repeal the subsection, substitute:
(6) In this section:
act means an act connected with performing functions or exercising powers under or for the purposes of this Act.
Add:
; and (l) a certificate signed by an officer stating whether or not a specified computer program was functioning correctly:
(i) at a specified time or during a specified period; and
(ii) in relation to specified outcomes from the operation of that program under an arrangement made under subsection 495A(1);
is prima facie evidence of the matters stated in the certificate.
Note:
Functioning correctly is defined in subsection (5).
Add:
(5) For the purposes of paragraph 271(1)(l), a computer program is
functioning correctly if:
(a) outcomes from its operation comply with this Act and the regulations; and
(b) those outcomes would be valid if they were made by the Minister otherwise than by the operation of the computer program.
Insert:
(1) The Minister may arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under the designated migration law:
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a power, or complying with an obligation.
(2) The Minister is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).
(3) For the purposes of this section, the following provisions are the
designated migration law :
(a) Subdivisions A, AA, AB and AC of Division 3 of Part 2 (other than section 48B);
(b) any provision of this Act or of the regulations that the Minister determines, in writing, to be part of the designated migration law.
(4) A determination under paragraph (3)(b) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
(1) The Minister may substitute a decision (the
substituted decision ) for a decision (theinitial decision ) made by the operation of a computer program under an arrangement made under subsection 495A(1) if:
(a) a certificate under paragraph 271(1)(l) relates to the computer program and to the initial decision; and
(b) the certificate states that the computer program was not functioning correctly; and
(c) the substituted decision could have been made under the same provision of the designated migration law as the initial decision; and
(d) the substituted decision is more favourable to the applicant.
(2) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.
(3) Subsection (1) has effect despite:
(a) any law of the Commonwealth; or
(b) any rule of common law;
to the contrary effect.
Note: This Schedule might never commence: see subsection 2(3).
Insert:
(3A) A visa applicant must tell the Minister the address at which the applicant intends to live while the application is being dealt with.
(3B) If the applicant proposes to change the address at which he or she intends to live for a period of 14 days or more, the applicant must tell the Minister the address and the period of proposed residence.
(3C) If, in accordance with the regulations, 2 or more non‑citizens apply for visas together, notifications given to any of them about the application are taken to be given to each of them.
Note 1: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.
Note 2: If a person gives the Minister notice under section 494D, documents that would have been given to the person will be given to the person’s authorised recipient.
Note: The heading to section 52 is replaced by the heading “
Communication with Minister ”.
Repeal the section.
After “Subdivision AA or AB”, insert “or section 494D”.
Repeal the subsections, substitute:
(3) If an invitation is given to a person other than the Secretary, the invitation must be given:
(a) except where paragraph (b) applies—by one of the methods specified in section 379A; or
(b) if the invitation is given to a person in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
(4) If an invitation is given to the Secretary, the invitation must be given by one of the methods specified in section 379B.
Repeal the subsections, substitute:
(2) The information and invitation must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods specified in section 379A; or
(b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
Repeal the subsections, substitute:
(2) The notice must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods specified in section 379A; or
(b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
Add:
(5) The notice to the Secretary must be given by one of the methods specified in section 379B.
Omit all the words after “368(1)”.
Add:
The copy must be given to the Secretary:
(a) within 14 days after the day on which the decision is handed down; and
(b) by one of the methods specified in section 379B.
Repeal the section.
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and
(b) the provision does not state that the document must be given:
(i) by one of the methods specified in section 379A or 379B; or
(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;
the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).
Note: Under section 379G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant’s behalf.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations that:
(a) require or permit the Tribunal to give a document to a person (the
recipient ); and(b) state that the Tribunal must do so by one of the methods specified in this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the recipient.
Handing to a person at last residential or business address
(3) Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to another person who:
(a) is at the last residential or business address provided to the Tribunal by the recipient 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
(4) Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, 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 provided to the Tribunal by the recipient in connection with the review; or
(ii) the last residential or business address provided to the Tribunal by the recipient in connection with the review.
Transmission by fax, e‑mail or other electronic means
(5) Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e‑mail; or
(c) other electronic means;
to the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations that:
(a) require or permit the Tribunal to give a document to the Secretary; and
(b) state that the Tribunal must do so by one of the methods specified in this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the Secretary or to an authorised officer.
Dispatch by post or by other means
(3) Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, 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 post or by other means; and
(c) to an address, notified to the Tribunal in writing by the Secretary, to which such documents can be dispatched.
Transmission by fax, e‑mail or other electronic means
(4) Another method consists of a member, the Registrar, a Deputy Registrar or another officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e‑mail; or
(c) other electronic means;
to the last fax number, e‑mail address or other electronic address notified to the Tribunal in writing by the Secretary for the purpose.
(1) This section applies if the Tribunal gives a document to a person other than the Secretary by one of the methods specified in section 379A (including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in subsection 379A(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.
Handing to a person at last residential or business address
(3) If the Tribunal gives a document to a person by the method in subsection 379A(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Tribunal gives a document to a person by the method in subsection 379A(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
Transmission by fax, e‑mail or other electronic means
(5) If the Tribunal gives a document to a person by the method in subsection 379A(5) (which involves transmitting the document by fax, e‑mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999 .
(1) This section applies if the Tribunal gives a document to the Secretary by one of the methods specified in section 379B (including in a case covered by section 379AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in subsection 379B(2) (which involves handing the document to the Secretary or to an authorised officer), the Secretary is taken to have received the document when it is handed to the Secretary or to the authorised officer.
Dispatch by post or by other means
(3) If the Tribunal gives a document to the Secretary by the method in subsection 379B(3) (which involves dispatching the document by post or by other means), the Secretary is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
Transmission by fax, e‑mail or other electronic means
(4) If the Tribunal gives a document to the Secretary by the method in subsection 379B(4) (which involves transmitting the document by fax, e‑mail or other electronic means), the Secretary is taken to have received the document at the end of the day on which the document is transmitted.
(5) Subsection (4) applies despite section 14 of the
Electronic Transactions Act 1999 .
If a provision of this Act requires or permits the Tribunal to give a document to a person, the Tribunal may instead give a copy of the document to the person by the same means as the Tribunal could give the document itself.
(1) If, in relation to the review of an MRT‑reviewable decision, a person is required or permitted to give a document or thing to the Tribunal, the person must do so:
(a) by giving the document or thing to the Registrar, a Deputy Registrar or another officer of the Tribunal; or
(b) by a method set out in directions under section 353A; or
(c) if the regulations set out a method for doing so—by that method.
(2) Directions under section 353A may make provision for a person to give a copy of a document, rather than the document itself, to the Tribunal.
(1) If:
(a) a person (the
applicant ) applies for review of an MRT‑reviewable decision; and(b) the applicant gives the Tribunal written notice of the name and address of another person (the
authorised recipient ) authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with the review;the Tribunal must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.
Note: If the Tribunal gives a person a document by a method specified in section 379A, the person is taken to have received the document at the time specified in section 379C in respect of that method.
(2) If the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However, this does not prevent the Tribunal giving the applicant a copy of the document.
(3) The applicant may vary or withdraw the notice under paragraph (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant’s authorised recipient.
(4) The Tribunal may communicate with the applicant by means other than giving a document to the applicant, provided the Tribunal gives the authorised recipient notice of the communication.
(5) This section does not apply to the Tribunal giving documents to, or communicating with, the applicant when the applicant is appearing before the Tribunal.
Repeal the subsection, substitute:
(3) The invitation must be given to the person:
(a) except where paragraph (b) applies—by one of the methods specified in section 441A; or
(b) if the person is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
Repeal the subsection, substitute:
(2) The information and invitation must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods specified in section 441A; or
(b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
Repeal the subsection, substitute:
(2) The notice must be given to the applicant:
(a) except where paragraph (b) applies—by one of the methods specified in section 441A; or
(b) if the applicant is in immigration detention—by a method prescribed for the purposes of giving documents to such a person.
Add:
(5) The notice to the Secretary must be given by one of the methods specified in section 441B.
Omit all the words after “430(1)”.
Add:
The copy must be given to the Secretary:
(a) within 14 days after the day on which the decision is handed down; and
(b) by one of the methods specified in section 441B.
Repeal the section.
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the Tribunal to give a document to a person; and
(b) the provision does not state that the document must be given:
(i) by one of the methods specified in section 441A or 441B; or
(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;
the Tribunal may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).
Note: Under section 441G an applicant may give the Tribunal the name of an authorised recipient who is to receive documents on the applicant’s behalf.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations that:
(a) require or permit the Tribunal to give a document to a person (the
recipient ); and(b) state that the Tribunal must do so by one of the methods specified in this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the recipient.
Handing to a person at last residential or business address
(3) Another method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to another person who:
(a) is at the last residential or business address provided to the Tribunal by the recipient 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
(4) Another method consists of a member, the Registrar or an officer of the Tribunal, 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 provided to the Tribunal by the recipient in connection with the review; or
(ii) the last residential or business address provided to the Tribunal by the recipient in connection with the review.
Transmission by fax, e‑mail or other electronic means
(5) Another method consists of a member, the Registrar or an officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e‑mail; or
(c) other electronic means;
to the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Tribunal by the recipient in connection with the review.
Coverage of section
(1) For the purposes of provisions of this Part or the regulations that:
(a) require or permit the Tribunal to give a document to the Secretary; and
(b) state that the Tribunal must do so by one of the methods specified in this section;
the methods are as follows.
Giving by hand
(2) One method consists of a member, the Registrar or an officer of the Tribunal, or a person authorised in writing by the Registrar, handing the document to the Secretary or to an authorised officer.
Dispatch by post or by other means
(3) Another method consists of a member, the Registrar or an officer of the Tribunal, 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 post or by other means; and
(c) to an address, notified to the Tribunal in writing by the Secretary, to which such documents can be dispatched.
Transmission by fax, e‑mail or other electronic means
(4) Another method consists of a member, the Registrar or an officer of the Tribunal, transmitting the document by:
(a) fax; or
(b) e‑mail; or
(c) other electronic means;
to the last fax number, e‑mail address or other electronic address notified to the Tribunal in writing by the Secretary for the purpose.
(1) This section applies if the Tribunal gives a document to a person other than the Secretary by one of the methods specified in section 441A (including in a case covered by section 441AA).
Giving by hand
(2) If the Tribunal gives a document to a person by the method in subsection 441A(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.
Handing to a person at last residential or business address
(3) If the Tribunal gives a document to a person by the method in subsection 441A(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Tribunal gives a document to a person by the method in subsection 441A(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
Transmission by fax, e‑mail or other electronic means
(5) If the Tribunal gives a document to a person by the method in subsection 441A(5) (which involves transmitting the document by fax, e‑mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999 .
(1) This section applies if the Tribunal gives a document to the Secretary by one of the methods specified in section 441B (including in a case covered by section 441AA).
Giving by hand
(2) If the Tribunal gives a document to the Secretary by the method in subsection 441B(2) (which involves handing the document to the Secretary or to an authorised officer), the Secretary is taken to have received the document when it is handed to the Secretary or to the authorised officer.
Dispatch by post or by other means
(3) If the Tribunal gives a document to the Secretary by the method in subsection 441B(3) (which involves dispatching the document by post or by other means), the Secretary is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
Transmission by fax, e‑mail or other electronic means
(4) If the Tribunal gives a document to the Secretary by the method in subsection 441B(4) (which involves transmitting the document by fax, e‑mail or other electronic means), the Secretary is taken to have received the document at the end of the day on which the document is transmitted.
(5) Subsection (4) applies despite section 14 of the
Electronic Transactions Act 1999 .
If a provision of this Act requires or permits the Tribunal to give a document to a person, the Tribunal may instead give a copy of the document to the person by the same means as the Tribunal could give the document itself.
(1) If, in relation to the review of an RRT‑reviewable decision, a person is required or permitted to give a document or thing to the Tribunal, the person must do so:
(a) by giving the document or thing to the Registrar or an officer of the Tribunal; or
(b) by a method set out in directions under section 420A; or
(c) if the regulations set out a method for doing so—by that method.
(2) Directions under section 420A may make provision for a person to give a copy of a document, rather than the document itself, to the Tribunal.
(1) If:
(a) a person (the
applicant ) applies for review of an RRT‑reviewable decision; and(b) the applicant gives the Tribunal written notice of the name and address of another person (the
authorised recipient ) authorised by the applicant to do things on behalf of the applicant that consist of, or include, receiving documents in connection with the review;the Tribunal must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.
Note: If the Tribunal gives a person a document by a method specified in section 441A, the person is taken to have received the document at the time specified in section 441C in respect of that method.
(2) If the Tribunal gives a document to the authorised recipient, the Tribunal is taken to have given the document to the applicant. However, this does not prevent the Tribunal giving the applicant a copy of the document.
(3) The applicant may vary or withdraw the notice under paragraph (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant’s authorised recipient.
(4) The Tribunal may communicate with the applicant by means other than giving a document to the applicant, provided the Tribunal gives the authorised recipient notice of the communication.
(5) This section does not apply to the Tribunal giving documents to, or communicating with, the applicant when the applicant is appearing before the Tribunal.
Insert:
If:
(a) a provision of this Act or the regulations requires or permits the Minister to give a document to a person; and
(b) the provision does not state that the document must be given:
(i) by one of the methods specified in section 494B; or
(ii) by a method prescribed for the purposes of giving documents to a person in immigration detention;
the Minister may give the document to the person by any method that he or she considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).
Note: Under section 494D a person may give the Minister the name of an authorised recipient who is to receive documents on the person’s behalf.
Coverage of section
(1) For the purposes of provisions of this Act or the regulations that:
(a) require or permit the Minister to give a document to a person (the
recipient ); and(b) state that the Minister must do so by one of the methods specified in this section;
the methods are as follows.
Giving by hand
(2) One method consists of the Minister (including by way of an authorised officer) handing the document to the recipient.
Handing to a person at last residential or business address
(3) Another method consists of the Minister (including by way of an authorised officer) handing the document to another person who:
(a) is at the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents; 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
(4) Another method consists of the Minister 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 provided to the Minister by the recipient for the purposes of receiving documents; or
(ii) the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents.
Transmission by fax, e‑mail or other electronic means
(5) Another method consists of the Minister transmitting the document by:
(a) fax; or
(b) e‑mail; or
(c) other electronic means;
to the last fax number, e‑mail address or other electronic address, as the case may be, provided to the Minister by the recipient for the purposes of receiving documents.
When the Minister hands a document by way of an authorised officer
(6) For the purposes of sections 494C and 494D, a reference in those sections to an act of the Minister includes, if the act is of a kind referred to in subsection (2) or (3) of this section, a reference to an act of the Minister by way of an authorised officer.
(1) This section applies if the Minister gives a document to a person by one of the methods specified in section 494B (including in a case covered by section 494A).
Giving by hand
(2) If the Minister gives a document to a person by the method in subsection 494B(2) (which involves handing the document to the person), the person is taken to have received the document when it is handed to the person.
Handing to a person at last residential or business address
(3) If the Minister gives a document to a person by the method in subsection 494B(3) (which involves handing the document to another person at a residential or business address), the person is taken to have received the document when it is handed to the other person.
Dispatch by prepaid post or by other prepaid means
(4) If the Minister gives a document to a person by the method in subsection 494B(4) (which involves dispatching the document by prepaid post or by other prepaid means), the person is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
Transmission by fax, e‑mail or other electronic means
(5) If the Minister gives a document to a person by the method in subsection 494B(5) (which involves transmitting the document by fax, e‑mail or other electronic means), the person is taken to have received the document at the end of the day on which the document is transmitted.
(6) Subsection (5) applies despite section 14 of the
Electronic Transactions Act 1999 .
(1) If a person (the
first person ) gives the Minister written notice of the name and address of another person (theauthorised recipient ) authorised by the first person to do things on behalf of the first person that consist of, or include, receiving documents in connection with matters arising under this Act or the regulations, the Minister must give the authorised recipient, instead of the first person, any documents that the Minister would otherwise have given to the first person.Note: If the Minister gives a person a document by a method specified in section 494B, the person is taken to have received the document at the time specified in section 494C in respect of that method.
(2) If the Minister gives a document to the authorised recipient, the Minister is taken to have given the document to the first person. However, this does not prevent the Minister giving the first person a copy of the document.
(3) The first person may vary or withdraw the notice under subsection (1) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the first person’s authorised recipient.
(4) The Minister may communicate with the first person by means other than giving a document to the first person, provided the Minister gives the authorised recipient notice of the communication.
Omit “subsection 45(2) allows”, substitute “regulations made for the purposes of section 46 allow”.
Omit “269BQ”, substitute “268BQ”.
Omit “Part 6”, substitute “Part 7”.
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