Migration (Review) (1993) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council and under section 4 of the
Dated 28 June 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
NICK BOLKUS
Minister for Immigration and Ethnic Affairs
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1.1 These Regulations commence on 1 July 1993.
2.1 The Migration (Review) (1993) Regulations are amended as set out in these Regulations.
3.1 After regulation 22, insert in Part 3:
No application may be made under this Part on or after 1 July 1993.”.
4.1 After regulation 43A, insert:
“
In this Part, expressions defined in section 166A of the Act have the same respective meanings as in Part 4A of the Act.
For the purposes of paragraph 166JA (b) of the Act, the prescribed number of members (other than the Principal Member) of the Tribunal is 30.
For the purposes of subsection 166JF (3) of the Act, the remuneration and allowances of the first full-time member (other than the Principal Member) to be appointed are the maximum remuneration and allowances payable to a holder of an office in the Senior Executive Service of the Australian Public Service classified as SES Band 1.
(1) For the purposes of paragraph 166BA (1) (b) of the Act, each period stated in subregulation (2) is prescribed as the period within which an application for review of an RRT-reviewable decision to which the period applies must be given to the Tribunal.
A period mentioned in subregulation (1) commences on the date on which the applicant is notified of the decision to which the application relates, and ends at the end of:
(a) in the case of an application given to the Tribunal by or for an applicant:
(i) in custody under the Act on that date; or
(ii) detained in a processing area on that date;
7 working days (beginning with the first working day that occurs on or after that date); or
(b) in any other case—28 days.
[NOTE: As to when
service takes effect,
Subject to this regulation, an application must be lodged at a registry of the Tribunal:
(a) by posting the application to that registry; or
(b) by leaving it at that registry in a box designated for the lodgment of such applications; or
(c) by leaving it with a person employed at that registry and authorised to receive such documents; or
(d) by means of electronic facsimile transmission to that registry.
An application posted in accordance with paragraph (3) (a) or transmitted in accordance with paragraph (3) (d) is not to be taken to have been lodged until it is received at a registry of the Tribunal.
(1)This regulation applies in the case of an application for review of an RRT-reviewable decision that is lodged by or for a person who is in custody under the Act or detained in a processing area.
The person lodging it must give notice in writing, in accordance with subregulation (3), to an officer of the Department appointed by the Secretary to be a custody review officer in the relevant State or Territory.
The notice must:
(a) be given to the officer on the day on which the application is lodged; and
(b) state:
(i) the nature of the application and the name of the person in respect of whom it was lodged; and
(ii) the registry at which it was lodged; and
(iii) if the applicant is assisted by an agent (whether or not a registered agent within the meaning of Part 2A of the Act), the agent’s name and address; and
(iv) the manner in which the application has been lodged (being a manner specified in subregulation 43E (3)).
Failure to comply with this regulation does not affect the validity of an application.
(1) For the purposes of paragraph 166BC (2) (c) of the Act, an application for a Class 784 (domestic protection (temporary)) visa or entry permit is prescribed.
For the purposes of paragraphs
166BC (2) (c) of the Act and 43 (1A) (c) of the
For the purposes of subsection 166BF (2) of the Act, the prescribed number of copies of a statement of the kind mentioned in that subsection is 2.
(1) This regulation applies where the Tribunal, acting under paragraph 166DB (1) (b) of the Act, gives a person notice requiring the person to provide evidence to the Tribunal.
If the person is required to provide the evidence in person, he or she must provide the evidence within a period of 10 days after the date of notification.
If the person is required to provide the evidence by post from a place in Australia, he or she must post the evidence in time for it to be received at the registry in due course of post within:
(a) a period of 14 days after the date of notification; or
(b) if the Tribunal directs a longer period, not exceeding 28 days, after the date of notification—that longer period.
If the person is required to provide the evidence by post from a place outside Australia, he or she must post the evidence in time for it to be received at the registry in due course of post within:
(a) a period of 30 days after the date of notification; or
(b) if the Tribunal directs a longer period, not exceeding 70 days, after the date of notification—that longer period.
In requiring a person to provide evidence, the Tribunal is to specify whether the person is required to provide the evidence in person, by post from a place in Australia or by post from a place outside Australia.
Each officer of the Tribunal has the following duties, powers and functions:
(a) the issuing of a summons by the Tribunal under paragraph 166DD (3) (a) or (b) of the Act;
(b) the obtaining of documents in connection with the review of an RRT-reviewable decision;
(c) the directing of attendance at a registry of the Tribunal in connection with the review of an RRT-reviewable decision.
“43L. (1) For the purposes of subsection 166GA (1) of the Act, the fees and allowances for expenses to be paid to a person summoned to appear before the Tribunal in relation to a review by the Tribunal are the fees and allowances in accordance with the scale in Schedule 2 to the Administrative Appeals Tribunal Regulations as in force from time to time.
The presiding member of the Tribunal is to determine the fees and allowances (if any) payable to a person under subregulation (1).
A statement to be given to an applicant in relation to a decision of the Tribunal is to be taken to be duly given if, had it been a statement of the kind mentioned in regulation 39, it would be taken under that regulation to be duly given.
Regulation 42 is taken to apply to service of a document on a person for the purposes of a review under Part 4A of the Act as though paragraph 42 (1) (a) contained a reference to that Part.”.
5.1 Before regulation 44, insert:
6.1 Add at the end:
In spite of subregulation (1), in the case of an application, lodged on or after 1 July 1993, for review of a decision concerning a Class 784 (domestic protection (temporary)) entry permit:
(a) Part 2A of the Migration (Review) Regulations does not apply to the application; and
(b) Part 6 of these Regulations, so far as it is relevant, does apply to the application.”.
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1. Notified in the
Commonwealth of Australia Gazette on 30 June 1993.2. Statutory Rules 1993 No. 18 as amended by 1993 No. 109.
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