Document ID: chunk:federal_register_of_legislation:C2024A00038:clause:2_474aa
Version: federal_register_of_legislation:C2024A00038
Segment Type: clause
Provision Reference: sch 2 cl 474AA
Character Range: 122555–123720

474AA  Interaction with the ART Act
 (1) Part 7 of the ART Act does not apply to an application in relation to, or a proceeding for the review of, any of the following:
 (a) a privative clause decision;
 (b) a purported privative clause decision;
 (c) an ART Act migration decision.
 (2) Despite subsection (1):
 (a) section 185 (referring questions of law) of the ART Act applies to an application in relation to, or a proceeding for the review of, a reviewable migration decision or a reviewable protection decision; but
 (b) the ART does not have a duty to consider a request to refer a question of law at the request of a party to a proceeding.
 (2A) To avoid doubt, if the ART refers a question of law under section 185 of the ART Act, Division 6 of Part 7 of that Act applies in relation to the proceeding before the Federal Court in relation to the reference.
 (3) Subdivision A of Division 2 of Part 7 of the ART Act (appeals on questions of law) does not apply to a decision of the ART under section 185 of that Act (referring questions of law) in relation to proceedings for review of a reviewable migration decision or a reviewable protection decision.