Document ID: chunk:federal_register_of_legislation:C2005C00730:clause:1_8
Version: federal_register_of_legislation:C2005C00730
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 11007–11956

8  Transitional—proceedings that contravene new section 486B

(1) If:
 (a) a proceeding was begun before this Part commences; and
 (b) section 486B of the Migration Act 1958, as amended by this Part, applies to the proceeding (see item 7); and
 (c) the proceeding contravenes that section when this Part commences;
the court must treat the proceeding as if the court had lacked jurisdiction to hear the proceeding when it was begun.

(2) Despite any other time limit, a person who has an interest in such a proceeding may commence a fresh proceeding in relation to the matter concerned within 28 days after this Part commences, so long as the person complies with the Migration Act 1958, as amended by this Part, and all other laws relating to such proceedings (including a law relating to standing or requiring a fee to be paid).

(3) However, subitem (2) does not apply to a person in respect of a proceeding if item 9 applies to the proceeding.