Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_42
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 42
Character Range: 35748–37121

42  Decisions referred for further consideration after judicial review

(1) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
 (a) before the commencement of this Schedule, a decision under section 349 of the Migration Act 1958 has been quashed or set aside by a court; and
 (b) the matter to which the decision under that section relates was referred by the court for further consideration; and
 (c) no decision on that further consideration was made before that commencement;
the decision under that section is taken, on and after that commencement, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on the day of that commencement.

(2) For the purposes of Part 5 of the Migration Act 1958 as amended by this Act, if:
 (a) after the commencement of this Schedule, a decision made before that commencement under section 349 of the Migration Act 1958 is quashed or set aside by a court; and
 (b) the matter to which the decision under that section relates was referred by the court for further consideration;
the decision under that section is taken, on and after the day of the referral, to be an MRT‑reviewable decision in respect of which an application under section 347 of the Migration Act 1958 as amended by this Act was made on that day.