Document ID: chunk:federal_register_of_legislation:C2024A00107:clause:3_6
Version: federal_register_of_legislation:C2024A00107
Segment Type: clause
Provision Reference: sch 3 cl 6
Character Range: 37356–39143

6  Application of amendments
(1) The amendments of the Migration Act 1958 made by this Schedule apply in relation to a request made to the Minister to exercise, or consider exercising, a Ministerial intervention power in relation to a person, whether the request is made before, on or after the commencement of this Schedule.
(2) The amendments of the Migration Act 1958 made by this Schedule apply in relation to a decision by the Minister to consider exercising a Ministerial intervention power (whether on request or otherwise) in relation to a person, whether that decision is made before, on or after the commencement of this Schedule.
(3) If:
 (a) apart from this subitem, the start day mentioned in subsection 197E(6), 198AHC(6) or 206A(5) of the Migration Act 1958, as inserted by this Schedule, is a day before the day on which this item commences; and
 (b) none of the days mentioned in subsections 197E(7) and (8), 198AHC(7) and (8) or 206A(6) and (7) of that Act, as the case requires, are days before the day on which this item commences;
then the start day mentioned in subsection 197E(6), 198AHC(6) or 206A(5) of that Act, as the case requires, is taken to be the day on which this item commences.
(4) For the purposes of subitems (1) to (3), the power of the Minister under subsection 417(1) of the Migration Act 1958, as in force immediately before the commencement of Schedule 2 to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024, is to be treated as if it were a Ministerial intervention power under the Migration Act 1958, as amended by this Schedule.
Note: Former subsection 417(1) of the Migration Act 1958 allowed the Minister to substitute, for the Tribunal's decision, a more favourable Part 7‑reviewable decision.