Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_41
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 41
Character Range: 34139–35748

41  IRT‑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 347 of that Act for review of a decision; and
 (b) the applicant had not been given a statement relating to the review under section 368 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 347 of the Migration Act 1958 for review of a decision; and
 (b) the period under paragraph 347(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) To avoid doubt, the Minister may, after the commencement of this Schedule, exercise his or her power under subsection 351(1) of the Migration Act 1958 in relation to a decision under section 349 of that Act that was made before that commencement.

(4) Subsection 368(2) of the Migration Act 1958 as in force immediately before the commencement of this item continues to apply in relation to statements prepared under subsection 368(1) of that Act before that commencement.