Document ID: chunk:federal_register_of_legislation:C2024C00800:section:31
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 31
Character Range: 1122323–1123821

31                                                 regulation 5.35        Medical treatment of persons in detention

 (4A) For the purposes of subsection (2), a decision under subsection 185(1) of the ART Act to refer a question of law arising in a proceeding for review of a reviewable migration decision or a reviewable protection decision to the Federal Court for decision is not a privative clause decision.
 (5) The regulations may specify that a decision, or a decision included in a class of decisions, under this Act, or under regulations or another instrument under this Act, or under the ART Act, is not a privative clause decision.
 (6) A decision mentioned in subsection (4) or (4A), or specified (whether by reference to a particular decision or a class of decisions) in regulations made under subsection (5), is a non‑privative clause decision.
 (7) To avoid doubt, the following decisions are privative clause decisions within the meaning of subsection (2):
 (a) a decision of the Minister not to exercise, or not to consider the exercise, of the Minister's power under subsection 37A(2) or (3), section 48B, paragraph 72(1)(c), section 91F, 91L, 91Q, 195A, 197AB, 197AD, 198AE, 199G or 351 or subsection 503A(3);
 (d) a decision of the Minister under Division 13A of Part 2 to order that a thing is not to be condemned as forfeited.
Note: Section 91Q was repealed by the Migration Amendment (Giving Documents and Other Measures) Act 2023.

Division 1A—Interaction with the ART Act