Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_40
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 32433–34139

40  Internally‑reviewable decisions

(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
 (a) before the commencement of this Schedule, an application had been properly made under section 339 of that Act for review of a decision; and
 (b) the applicant had not been notified of the decision as provided in section 343 of that Act before that commencement;
the application is taken to be an application properly made, on the day of that commencement, under section 347 of that Act as amended by this Act.

(2) If:
 (a) before the commencement of this Schedule, an application could have been properly made under section 339 of the Migration Act 1958 for review of a decision; and
 (b) the period under paragraph 339(1)(b) of that Act for making the application had not expired before that commencement;
an application may be made under section 347 of that Act as amended by this Act for review of the decision under section 348 of that Act as so amended. However, the period for making the application is to be worked out from the day, before that commencement, on which the decision was notified.

(3) Despite the repeal of Division 2 of Part 5 of the Migration Act 1958 by this Act, the Minister may, after the commencement of this Schedule, exercise his or her power under subsection 345(1) of the Migration Act 1958, in relation to a decision under section 341 of that Act, as if the repeal had not occurred.

(4) If, after the commencement of this Schedule, the Minister exercises his or her power under subsection 345(1) of the Migration Act 1958, section 178 of that Act applies as if the amendment made to that section by item 4 of this Schedule had not been made.