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MIGRATION ACT 1958 - SECT 473HA

Giving documents by Immigration Assessment Authority where no requirement to do so by section 473HB or 473HC method

             (1)  If:

                     (a)  a provision of this Act or the regulations requires or permits the Immigration Assessment Authority to give a document to a person; and

                     (b)  the provision does not state that the document must be given:

                              (i)  by one of the methods specified in section 473HB or 473HC; or

                             (ii)  by a method prescribed for the purposes of giving documents to a person in immigration detention;

the Authority may give the document to the person by any method that it considers appropriate (which may be one of the methods mentioned in subparagraph (b)(i) or (ii) of this section).

Note:          Under section 473HG a referred applicant may give the Immigration Assessment Authority the name of an authorised recipient who is to receive documents on the referred applicant's behalf.

             (2)  If a person is a minor, the Immigration Assessment Authority may give a document to an individual who is at least 18 years of age if the Authority reasonably believes that:

                     (a)  the individual has day-to-day care and responsibility for the minor; or

                     (b)  the individual works in or for an organisation that has day-to-day care and responsibility for the minor and the individual's duties, whether alone or jointly with another person, involve care and responsibility for the minor.

             (3)  If the Immigration Assessment Authority gives a document to an individual, as mentioned in subsection (2), the Authority is taken to have given the document to the minor. However, this does not prevent the Authority giving the minor a copy of the document.



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