Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p57
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 143068–145854

and

    (b)     the AAT Act applies to the review of the IRT-reviewable decision subject to the modifications in this Division.

Modification of definition of 'member' in section 3 of the AAT Act

"150D. Section 3 of the AAT Act applies in relation to an IRT-reviewable decision as if the definition of member were omitted and the following definition substituted:

'"member" means a presidential member, a senior member, or any other member of the Tribunal and includes the Principal Member of the Immigration Review Tribunal;'.

Modification of section 21 of the AAT Act

"150E. Section 21 of the AAT Act applies in relation to an IRT-reviewable decision as if:

     (a) subsection (1) were omitted and the following subsections substituted:

     '(1) Subject to subsection (1AA), the Tribunal is, for the purposes of the exercise of its powers in relation to a matter, to be constituted by:

         (a)     a presidential member who is a Judge, the Principal Member of the Immigration Review Tribunal and one other member (not being a Judge); or

       (b)     a Deputy President, the Principal Member of the

         Immigration Review Tribunal and one non-presidential member.

     '(IAA) If the Principal Member of the Immigration Review Tribunal had constituted that Tribunal, in whole or in part, for the review by the Immigration Review Tribunal of the IRT-reviewable decision that is the subject of a matter, the Tribunal in relation to proceedings for the purposes of the exercise of its power in relation to that matter, is to be constituted by:

         (a)     a presidential member who is a Judge and two other members (not being Judges or the Principal Member of the Immigration Review Tribunal); or

         (b)     a Deputy President and two non-presidential members (not being the Principal Member of the Immigration Review Tribunal).'; and

  (b) subsections (2), (3) and (4) were omitted.

Certain sections of the AAT Act do not apply to IRT-reviewable decisions

"150F. Sections 21A, 27, 28 and 29 of the AAT Act do not apply in relation to IRT-reviewable decisions.

Modification of section 25 of the AAT Act

"150G. Section 25 of the AAT Act applies in relation to an IRT-reviewable decision as if subsections (6) and (6A) were omitted.

Modification of section 30 of the AAT Act

"150H. Section 30 of the AAT Act applies in relation to an IRT-reviewable decision as if paragraphs (1)(a). and (b) were omitted and the following paragraphs substituted:

     '(a) the person who, under section 150C of the Migration Act 1958, is taken to have applied to the Tribunal for review of the decision; and

    (b) the person who is the Minister for the purposes of the Migration Act 1958; and'.

Modification of section 37 of the AAT Act

"1501. Section 37 of