Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 4   Amendments relating to fast track assessment process

Part 1   Fast track assessment process

Migration Act 1958

2   After subsection 5(1)

Insert:

(1AA) The Minister may make a legislative instrument for the purposes of the following provisions:

(a) paragraph (b) of the definition of excluded fast track review applicant in subsection (1);

(b) paragraph (b) of the definition of fast track applicant in subsection (1).

(1AB) A legislative instrument made under subsection (1AA) may apply, adopt or incorporate, with or without modification, the provisions of any other legislative instrument, whether or not the other legislative instrument is disallowable, as in force at a particular time or as in force from time to time.

(1AC) A person is not a fast track applicant only because of paragraph (a) of the definition of fast track applicant in subsection (1) if:

(a) the person is born in Australia on or after 13 August 2012; and

(b) the person is the child of an unauthorised maritime arrival who entered Australia before 13 August 2012.

(1AD) Despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to an instrument made under subsection (1AA).