Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p48
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sale.".

Proof of certain matters

  21. Section 111 of the Principal Act is amended:

    (a) by inserting after paragraph (a) of the definition of "migration proceedings" in subsection (4) the following paragraph:

           "(aa) proceedings in the Refugee Review Tribunal under this Act; or";

    (b) by omitting from paragraph (4)(b) "under section 180" and substituting "under this Act".

Interpretation

22. Section 114A of the Principal Act is amended by inserting the following definition:

" 'review authority' means:

  (a)     the Immigration Review Tribunal; or

  (b)     the Refugee Review Tribunal; or

  (c)     a person who is a review officer for the purposes of Part 3.".

23. Divisions 1 and 2 of Part 3 of the Principal Act are repealed and the following Divisions are substituted:

"Division 1A—Interpretation

Interpretation

  "115. In this Part:

'company' includes any body or association (whether or not it is incorporated), but does not include a partnership;

'member' means a member of the Tribunal;

'nominated' has the same meaning as in the regulations;

'Part 3 reviewable decision' means a decision:

     (a)     to refuse an application by a non-citizen, made while the non-citizen was in the migration zone, for a visa that could be granted while the non-citizen was in that zone (other than such a decision made at a time when the non-citizen was in immigration clearance or had been refused immigration clearance); or

     (b)     to cancel a visa held by a non-citizen who is in the migration zone at the time of the cancellation (other than such a decision made at a time when the non-citizen was in immigration clearance); or

   (c)     to refuse an application by a non-citizen for a visa where:

         (i) the visa is a visa that could not be granted while the applicant is in the migration zone; and

          (ii) the decision was made while the non-citizen was outside the migration zone; and

         (iii) the non-citizen, as required by a criterion for the visa, was sponsored or nominated by:

          (A)     an Australian citizen; or

          (B)     a company that operates in the migration zone; or

             (C)     a partnership that operates in the migration zone; or

          (D) the holder of a permanent visa; or

          (E) a person covered by subsection 14(3); or

             (F) a citizen of New Zealand who holds a special category visa;

'presiding member', in relation to a review by the Tribunal, means:

    (a)     if the Tribunal is, for the purposes of review, constituted by 2 or 3 members—the member who, in accordance with section 127, is to preside at the review; or

    (b)    if the Tribunal is, for the purpose of the review, constituted by one member—that member;

'Principal Member' means the Principal Member of the Tribunal;

'Registrar' means the Registrar of the Tribunal;