Document ID: chunk:federal_register_of_legislation:C2005A00137:clause:1_15
Version: federal_register_of_legislation:C2005A00137
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 9307–10377

15  At the end of section 474
Add:

 (6) A decision mentioned in subsection 474(4), or specified (whether by reference to a particular decision or a class of decisions) in regulations made under subsection 474(5), is a non‑privative clause decision.

 (7) To avoid doubt, the following decisions are privative clause decisions within the meaning of subsection 474(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, 351, 391, 417 or 454 or subsection 503A(3);
 (b) a decision of the Principal Member of the Migration Review Tribunal or of the Principal Member of the Refugee Review Tribunal to refer a matter to the Administrative Appeals Tribunal;
 (c) a decision of the President of the Administrative Appeals Tribunal to accept, or not to accept, the referral of a decision under section 382 or 444;
 (d) a decision of the Minister under Division 13A of Part 2 to order that a thing is not to be condemned as forfeited.