Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p55
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 137820–140552

substituted by the Minister; and

    (c)     sets out the reasons for the Minister's decision, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  "(5) A statement made under subsection (4) is not to include:

  (a)     the name of the applicant; or

    (b)     if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person.

"(6) A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

    (a)     if the decision is made between 1 January and 30 June (inclusive) in a year—1 July in that year; or

    (b)     if a decision is made between 1 July and 31 December (inclusive) in a year—1 January in the following year.

"(7) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any decision, whether he or she is requested to do so by the applicant or by any other person, or in any other circumstances.

Secretary to be notified of application for review by Immigration Review Tribunal

"122.(1) If an application for review is made to the Immigration Review Tribunal, the Registrar must, as soon as practicable, give the Secretary written notice of the making of the application.

"(2) The Secretary must, within 10 working days after being notified of the application, give to the Registrar the prescribed number of copies of a statement about the decision under review that:

    (a)     sets out the findings of fact made by the person who made the decision; and

  (b)     refers to the evidence on which those findings were based; and

  (c)     gives the reasons for the decision.

"(3) The Secretary must, as soon as is practicable after being notified of the application, give to the Registrar each other document, or part of a document, that is in the Secretary's possession or control and is considered by the Secretary to be relevant to the review of the decision.".

Repeal of Sections

  24. Sections 137, 138, 139 and 140 of the Principal Act are repealed.

Protection of members and persons giving evidence

  25. Section 144 of the Principal Act is amended:

    (a)     by omitting from subsection (1) all the words after "immunity" and substituting "as a member of the Administrative Appeals Tribunal.";

    (b)    by omitting from subsection (2) all the words after "proceedings" and substituting "in the Administrative Appeals Tribunal.".

26. After section 150 of the Principal Act the following Division is inserted in Part 3:

"Division 8—Referral of decisions to Administrative Appeals