Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 261K

Minister's order that a thing not be condemned

             (1)  A power of the Minister under this Division to give a written order that a thing is not to be condemned as forfeited must be exercised by the Minister personally.

             (2)  The Minister does not have a duty to consider whether to exercise such a power in respect of any thing, whether the Minister is requested to do so by any person, or in any other circumstances.

             (3)  If the Minister makes an order under this Division that a thing is not to be condemned as forfeited, he or she must cause to be laid before each House of the Parliament a statement that sets out:

                     (a)  the order; and

                     (b)  the Minister's reasons for making the order.

             (4)  A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:

                     (a)  if the order is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or

                     (b)  if the order is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.


 



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