Document ID: chunk:federal_register_of_legislation:C2004A04161:body:0:p12
Version: federal_register_of_legislation:C2004A04161
Segment Type: other
Provision Reference: 
Character Range: 28071–30786

the applicant is physically present in Australia—28 days; or

   (b)     if the applicant is not physically present in Australia—70 days.".

Non-reviewable decisions

  23. Section 120 of the Principal Act is amended:

    (a) by inserting in paragraph (1) (a) "(other than a prescribed decision made under prescribed regulations made before 1 July 1991)" after "a decision";

     (b) by omitting paragraph (1) (d) and substituting the following paragraph: "(d) a decision by the Minister that a person is not a refugee;".

Remuneration and allowances of other members

24. Section 156 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

"(1) The Senior Members must be paid remuneration and allowances equal to the maximum remuneration and allowances payable to the holder of an SES office classified as SES Band 1.

"(2) The other full-time members must be paid remuneration and allowances equal to the minimum remuneration and allowances payable to the holder of an SES office classified as SES Band 1.".

Regulations

25. Section 181 of the Principal Act is amended by omitting from paragraph (1) (j) "$1,500" and substituting "$3,000".

Further amendments of Principal Act

  26. The Principal Act is amended as set out in the Schedule.

Application of amendments—sections 88 and 89 of the Principal Act

27. In spite of the amendments of sections 88 and 89 of the Principal Act made by this Act, those sections continue to apply, in relation to a person taken into custody before the commencement of this section, as if those amendments had not been made.

                  SCHEDULE Section 26

MINOR AMENDMENTS OF PRINCIPAL ACT

Paragraph 57 (7) (a):

  Insert "or her" after "his".

Subsection 69 (6) (definition of "arrested person"):

  Omit "applied", substitute "applies".

Subsection 89 (5):

  Insert "or her" after "him".

Subsection 118 (6):

  Omit "a review authority", substitute "the Tribunal".

NOTE

  1. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981; No. 51, 1982; Nos. 73 and 112, 1983; Nos. 22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; Nos. 86, 104, 133 and 141, 1987; Nos. 5, 38, 49 and 151, 1988; and Nos. 59 and 61, 1989.

NOTE ON ALTERATION OF SECTION HEADING

On the commencement of this Act, the heading to section 37 of the Migration Act 1958 is altered by omitting "review not applied for" and substituting "illegal entrants".

     [Minister's second reading speech made in—
           House of Representatives on 17 April 1991
           Senate on 5 June 1991]