2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Migration Amendment (Notification Review) Bill 2008 No. , 2008 (Immigration and Citizenship) A Bill for an Act to amend the law relating to migration, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Migration Act 1958 4 i Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] 2 migration, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Migration Amendment (Notification 6 Review) Act 2008. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Migration Amendment (Notification Review) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, A single day to be fixed by Proclamation. items 1 and 2 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. 3. Schedule 1, The later of: item 3 (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. 4. Schedule 1, At the same time as the provision(s) covered item 4 by table item 2. 5. Schedule 1, The later of: item 5 (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. 6. Schedule 1, At the same time as the provision(s) covered items 6 to 12 by table item 2. 7. Schedule 1, The later of: item 13 (a) immediately after the commencement of 2 Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 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. 8. Schedule 1, At the same time as the provision(s) covered item 14 by table item 2. 9. Schedule 1, The later of: item 15 (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. 10. Schedule 1, At the same time as the provision(s) covered items 16 to 29 by table item 2. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. Migration Amendment (Notification Review) Bill 2008 No. , 2008 3 [Page Break] 1 2 Schedule 1--Migration Act 1958 3 4 1 Section 379AA 5 Before "If", insert "(1)". 6 2 At the end of section 379AA 7 Add: 8 (2) If a person is a minor, the Tribunal may give a document to an 9 individual who is at least 18 years of age if a member, the 10 Registrar, a Deputy Registrar or another officer of the Tribunal 11 reasonably believes that: 12 (a) the individual has day-to-day care and responsibility for the 13 minor; or 14 (b) the individual works in or for an organisation that has 15 day-to-day care and responsibility for the minor and the 16 individual's duties, whether alone or jointly with another 17 person, involve care and responsibility for the minor. 18 (3) If the Tribunal gives a document to an individual, as mentioned in 19 subsection (2), the Tribunal is taken to have given the document to 20 the minor. However, this does not prevent the Tribunal giving the 21 minor a copy of the document. 22 (4) The Tribunal is taken to have given a document to a person under 23 this section even if the document, the envelope containing the 24 document or any accompanying material, contains an error or 25 omission that is minor or insignificant, unless the person can show 26 that the error or omission substantially prejudices him or her. 27 3 After subsection 379AA(2) 28 Insert: 29 (2A) However, subsection (2) does not apply if section 379EA (which 30 relates to giving documents in the case of combined applications) 31 applies in relation to the minor. 32 4 After subsection 379A(1) 33 Insert: 4 Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] 1 (1A) If a person is a minor, the Tribunal may use the methods 2 mentioned in subsections (4) and (5) to dispatch or transmit, as the 3 case may be, a document to an individual (a carer of the minor): 4 (a) who is at least 18 years of age; and 5 (b) who a member, the Registrar, a Deputy Registrar or another 6 officer of the Tribunal reasonably believes: 7 (i) has day-to-day care and responsibility for the minor; or 8 (ii) works in an or for organisation that has day-to-day care 9 and responsibility for the minor and whose duties, 10 whether alone or jointly with another person, involve 11 care and responsibility for the minor. 12 Note: If the Tribunal gives an individual a document by the method 13 mentioned in subsection (4) or (5), the individual is taken to have 14 received the document at the time specified in section 379C in respect 15 of that method. 16 5 After subsection 379A(1A) 17 Insert: 18 (1B) However, subsection (1A) does not apply if section 379EA (which 19 relates to giving documents in the case of combined applications) 20 applies in relation to the minor. 21 6 At the end of paragraph 379A(4)(c) 22 Add: 23 ; or (iii) if the recipient is a minor--the last address for a carer of 24 the minor that is known by the member, Registrar, 25 Deputy Registrar or other officer. 26 7 Subsection 379A(5) 27 Omit all the words after paragraph (c), substitute: 28 to: 29 (d) the last fax number, e-mail address or other electronic 30 address, as the case may be, provided to the Tribunal by the 31 recipient in connection with the review; or 32 (e) if the recipient is a minor--the last fax number, e-mail 33 address or other electronic address, as the case may be, for a 34 carer of the minor that is known by the member, Registrar, 35 Deputy Registrar or other officer. Migration Amendment (Notification Review) Bill 2008 No. , 2008 5 [Page Break] 1 8 At the end of section 379A 2 Add: 3 Documents given to a carer 4 (6) If the Tribunal gives a document to a carer of a minor, the Tribunal 5 is taken to have given the document to the minor. However, this 6 does not prevent the Tribunal giving the minor a copy of the 7 document. 8 9 At the end of section 379C 9 Add: 10 Document contains a minor or insignificant error 11 (7) A person is taken to have received a document at the times 12 mentioned in this section even if the document, the envelope 13 containing the document or any accompanying material, contains 14 an error or omission that is minor or insignificant, unless the 15 person can show that the error or omission substantially prejudices 16 him or her. 17 Document not given effectively 18 (8) If: 19 (a) the Tribunal purports to give a document to a person in 20 accordance with a method specified in section 379A 21 (including in a case covered by section 379AA) but makes an 22 error in doing so; and 23 (b) the person nonetheless receives the document or a copy of it; 24 then the person is taken to have received the document at the times 25 mentioned in this section as if the Tribunal had given the document 26 to the person without making an error in doing so, unless the 27 person can show that he or she received it at a later time, in which 28 case, the person is taken to have received it at that time. 29 10 After subsection 379G(2) 30 Insert: 31 (2A) The Tribunal is taken to have given a document to the authorised 32 recipient even if the document, the envelope containing the 33 document or any accompanying material, contains an error or 6 Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] 1 omission that is minor or insignificant, unless the applicant can 2 show that the error or omission substantially prejudices him or her. 3 11 Section 441AA 4 Before "If", insert "(1)". 5 12 At the end of section 441AA 6 Add: 7 (2) If a person is a minor, the Tribunal may give a document to an 8 individual who is at least 18 years of age if a member, the Registrar 9 or an officer of the Tribunal reasonably believes that: 10 (a) the individual has day-to-day care and responsibility for the 11 minor; or 12 (b) the individual works in or for an organisation that has 13 day-to-day care and responsibility for the minor and the 14 individual's duties, whether alone or jointly with another 15 person, involve care and responsibility for the minor. 16 (3) If the Tribunal gives a document to an individual, as mentioned in 17 subsection (2), the Tribunal is taken to have given the document to 18 the minor. However, this does not prevent the Tribunal giving the 19 minor a copy of the document. 20 (4) The Tribunal is taken to have given a document to a person under 21 this section even if the document, the envelope containing the 22 document or any accompanying material, contains an error or 23 omission that is minor or insignificant, unless the person can show 24 that the error or omission substantially prejudices him or her. 25 13 After subsection 441AA(2) 26 Insert: 27 (2A) However, subsection (2) does not apply if section 441EA (which 28 relates to giving documents in the case of combined applications) 29 applies in relation to the minor. 30 14 After subsection 441A(1) 31 Insert: Migration Amendment (Notification Review) Bill 2008 No. , 2008 7 [Page Break] 1 (1A) If a person is a minor, the Tribunal may use the methods 2 mentioned in subsections (4) and (5) to dispatch or transmit, as the 3 case may be, a document to an individual (a carer of the minor): 4 (a) who is at least 18 years of age; and 5 (b) who a member, the Registrar or an officer of the Tribunal 6 reasonably believes: 7 (i) has day-to-day care and responsibility for the minor; or 8 (ii) works in or for an organisation that has day-to-day care 9 and responsibility for the minor and whose duties, 10 whether alone or jointly with another person, involve 11 care and responsibility for the minor. 12 Note: If the Tribunal gives an individual a document by the method 13 mentioned in subsection (4) or (5), the individual is taken to have 14 received the document at the time specified in section 441C in respect 15 of that method. 16 15 After subsection 441A(1A) 17 Insert: 18 (1B) However, subsection (1A) does not apply if section 441EA (which 19 relates to giving documents in the case of combined applications) 20 applies in relation to the minor. 21 16 At the end of paragraph 441A(4)(c) 22 Add: 23 ; or (iii) if the recipient is a minor--the last address for a carer of 24 the minor that is known by the member, Registrar or 25 other officer. 26 17 Subsection 441A(5) 27 Omit all the words after paragraph (c), substitute: 28 to: 29 (d) the last fax number, e-mail address or other electronic 30 address, as the case may be, provided to the Tribunal by the 31 recipient in connection with the review; or 32 (e) if the recipient is a minor--the last fax number, e-mail 33 address or other electronic address, as the case may be, for a 34 carer of the minor that is known by the member, Registrar or 35 other officer. 8 Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] 1 18 At the end of section 441A 2 Add: 3 Documents given to a carer 4 (6) If the Tribunal gives a document to a carer of a minor, the Tribunal 5 is taken to have given the document to the minor. However, this 6 does not prevent the Tribunal giving the minor a copy of the 7 document. 8 19 At the end of section 441C 9 Add: 10 Document contains a minor or insignificant error 11 (7) A person is taken to have received a document at the times 12 mentioned in this section even if the document, the envelope 13 containing the document or any accompanying material, contains 14 an error or omission that is minor or insignificant, unless the 15 person can show that the error or omission substantially prejudices 16 him or her. 17 Document not given effectively 18 (8) If: 19 (a) the Tribunal purports to give a document to a person in 20 accordance with a method specified in section 441A 21 (including in a case covered by section 441AA) but makes an 22 error in doing so; and 23 (b) the person nonetheless receives the document or a copy of it; 24 then the person is taken to have received the document at the times 25 mentioned in this section as if the Tribunal had given the document 26 to the person without making an error in doing so, unless the 27 person can show that he or she received it at a later time, in which 28 case, the person is taken to have received it at that time. 29 20 After subsection 441G(2) 30 Insert: 31 (2A) The Tribunal is taken to have given a document to the authorised 32 recipient even if the document, the envelope containing the 33 document or any accompanying material, contains an error or Migration Amendment (Notification Review) Bill 2008 No. , 2008 9 [Page Break] 1 omission that is minor or insignificant, unless the applicant can 2 show that the error or omission substantially prejudices him or her. 3 21 Section 494A 4 Before "If", insert "(1)". 5 22 At the end of section 494A 6 Add: 7 (2) If a person is a minor, the Minister may give a document to an 8 individual who is at least 18 years of age if the Minister reasonably 9 believes that: 10 (a) the individual has day-to-day care and responsibility for the 11 minor; or 12 (b) the individual works in or for an organisation that has 13 day-to-day care and responsibility for the minor and the 14 individual's duties, whether alone or jointly with another 15 person, involve care and responsibility for the minor. 16 (3) However, subsection (2) does not apply if subsection 52(3C) 17 (which relates to giving notifications in the case of combined 18 applications) applies in relation to the minor. 19 (4) If the Minister gives a document to an individual, as mentioned in 20 subsection (2), the Minister is taken to have given the document to 21 the minor. However, this does not prevent the Minister giving the 22 minor a copy of the document. 23 (5) The Minister is taken to have given a document to a person under 24 this section even if the document, the envelope containing the 25 document or any accompanying material, contains an error or 26 omission that is minor or insignificant, unless the person can show 27 that the error or omission substantially prejudices him or her. 28 23 After subsection 494B(1) 29 Insert: 30 (1A) If a person is a minor, the Minister may use the methods mentioned 31 in subsections (4) and (5) to dispatch or transmit, as the case may 32 be, a document to an individual (a carer of the minor): 33 (a) who is at least 18 years of age; and 34 (b) who the Minister reasonably believes: 10 Migration Amendment (Notification Review) Bill 2008 No. , 2008 [Page Break] 1 (i) has day-to-day care and responsibility for the minor; or 2 (ii) works in or for an organisation that has day-to-day care 3 and responsibility for the minor and whose duties, 4 whether alone or jointly with another person, involve 5 care and responsibility for the minor. 6 Note: If the Minister gives an individual a document by the method 7 mentioned in subsection (4) or (5), the individual is taken to have 8 received the document at the time specified in section 494C in respect 9 of that method. 10 (1B) However, subsection (1A) does not apply if subsection 52(3C) 11 (which relates to giving notifications in the case of combined 12 applications) applies in relation to the minor. 13 24 At the end of paragraph 494B(4)(c) 14 Add: 15 ; or (iii) if the recipient is a minor--the last address for a carer of 16 the minor that is known by the Minister. 17 25 Subsection 494B(5) 18 Omit all the words after paragraph (c), substitute: 19 to: 20 (d) the last fax number, e-mail address or other electronic 21 address, as the case may be, provided to the Minister for the 22 purposes of receiving documents; or 23 (e) if the recipient is a minor--the last fax number, e-mail 24 address or other electronic address, as the case may be, for a 25 carer of the minor that is known by the Minister. 26 26 At the end of section 494B 27 Add: 28 Documents given to a carer 29 (7) If the Minister gives a document to a carer of a minor, the Minister 30 is taken to have given the document to the minor. However, this 31 does not prevent the Minister giving the minor a copy of the 32 document. 33 27 At the end of section 494C 34 Add: Migration Amendment (Notification Review) Bill 2008 No. , 2008 11 [Page Break] 1 Document contains a minor or insignificant error 2 (7) A person is taken to have received a document at the times 3 mentioned in this section even if the document, the envelope 4 containing the document or any accompanying material, contains 5 an error or omission that is minor or insignificant, unless the 6 person can show that the error or omission substantially prejudices 7 him or her. 8 Document not given effectively 9 (8) If: 10 (a) the Minister purports to give a document to a person in 11 accordance with a method specified in section 494B 12 (including in a case covered by section 494A) but makes an 13 error in doing so; and 14 (b) the person nonetheless receives the document or a copy of it; 15 then the person is taken to have received the document at the times 16 mentioned in this section as if the Minister had given the document 17 to the person without making an error in doing so, unless the 18 person can show that he or she received it at a later time, in which 19 case, the person is taken to have received it at that time. 20 28 After subsection 494D(2) 21 Insert: 22 (2A) The Minister is taken to have given a document to the authorised 23 recipient even if the document, the envelope containing the 24 document or any accompanying material, contains an error or 25 omission that is minor or insignificant, unless the first person can 26 show that the error or omission substantially prejudices him or her. 27 29 Application 28 The amendments made by this Schedule apply to a document given, 29 dispatched or transmitted on or after the day on which this Schedule 30 commences. 12 Migration Amendment (Notification Review) Bill 2008 No. , 2008