Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Schedule 2 - Other amendments
Part 1 - Amendments
Administrative Appeals Tribunal Act 1975
22. Section 44 AA of the Administrative Appeals Act provides that appeals from a decision of the Tribunal must be filed in the Federal Court, but that the Federal Court may then transfer such appeals to the Federal Magistrates Court. Paragraph 44AA(2)(b) prevents the Federal Court from transferring an appeal to the Federal Magistrates Court if the appeal relates to a decision given by the Tribunal on application for review of a decision under the Australian Citizenship Act 1948 ; the Immigration (Guardianship of Children) Act 1946 ; or the Migration Act 1958 or regulations under any of these Acts. Item 1 repeals the paragraph, thereby allowing the Federal Court to transfer an appeal in these circumstances to the Federal Magistrates Court.
Administrative Decisions (Judicial Review) Act 1977
23. Subsection 5(4) prevents a person making an application under subsection 5(1) to the Federal Magistrates Court for an order of review in respect of a decision under the Australian Citizenship Act 1948 ; the Immigration (Education) Act 1971 ; the Immigration (Guardianship of Children) Act 1946 ; or the Migration Act 1958 or regulations under any of these Acts. Item 2 repeals the subsection, thereby allowing a person to make an application to the Federal Magistrates Court for an order for review.
24. Subsection 6(4) prevents a person making an application under subsection 6(1) to the Federal Magistrates Court for an order of review of conduct related to making of a decision under the Australian Citizenship Act 1948 ; the Immigration (Education) Act 1971 ; the Immigration (Guardianship of Children) Act 1946 ; or the Migration Act 1958 or regulations under any of these Acts. Item 3 repeals the subsection, thereby allowing a person to make an application to the Federal Magistrates Court for an order for review.
25. Subsection 7(3) prevents a person making an application under subsection 7(1) or 7(2) to the Federal Magistrates Court for an order of review in respect of a failure to make a decision under the Australian Citizenship Act 1948 ; the Immigration (Education) Act 1971 ; the Immigration (Guardianship of Children) Act 1946 ; or the Migration Act 1958 or regulations under any of these Acts. Item 4 repeals the subsection, thereby allowing a person to make an application to the Federal Magistrates Court for an order for review.
26. Subsection 13(10A) prevents a person from making an application regarding reasons for a decision to the Federal Magistrates Court for an order in relation to a decision under the Australian Citizenship Act 1948 ; the Immigration (Education) Act 1971 ; the Immigration (Guardianship of Children) Act 1946 ; or the Migration Act 1958 or regulations under any of these Acts. Item 5 repeals this subsection, thereby allowing a person to make such an application to the Federal Magistrates Court.
Part 2 - Application of amendments
Item 6 - Application of amendments
27. Item 6 provides that the amendment made by item 1 applies in relation to an appeal made to the Federal Court on or after the commencement of item 6 and that the amendments made by items 2, 3, 4 and 5 apply in relation to a decision made on or after the commencement of item 6.