Document ID: chunk:federal_register_of_legislation:C2004A00906:clause:1_8
Version: federal_register_of_legislation:C2004A00906
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 16420–18269

8  Application

(1) If an application for judicial review of a decision under the Migration Act 1958 is lodged before the commencement of this Schedule, the Migration Act 1958, the Administrative Appeals Tribunal Act 1975 and the Administrative Decisions (Judicial Review) Act 1977, as in force immediately before that commencement, apply in respect of the application, and in respect of the review, as if this Schedule had not been enacted.

(2) The Migration Act 1958 and the Administrative Decisions (Judicial Review) Act 1977, as amended by this Schedule, apply in respect of judicial review of a decision under the Migration Act 1958 if:
 (a) the decision was made on or after the commencement of this Schedule; or
 (b) the decision:
 (i) was made before the commencement of this Schedule; and
 (ii) as at that commencement, an application for judicial review of the decision had not been lodged.

(3) A reference in subitem (1) or (2) to an application for judicial review of a decision is a reference to:
 (a) an application for review of the decision under:
 (i) section 44 of the Administrative Appeals Tribunal Act 1975; or
 (ii) Part 8 of the Migration Act 1958; or
 (iii) the Administrative Decisions (Judicial Review ) Act 1977; or
 (b) an application for a writ of mandamus, prohibition or certiorari or an injunction or a declaration in respect of the decision under:
 (i) section 75 of the Constitution; or
 (ii) section 39B or 67C of the Judiciary Act 1903.

(4) The amendments made by items 7A and 7B apply to decisions made after the commencement of those items.

(5) The amendments made by items 7C and 7D apply in relation to proceedings that are commenced after the commencement of those items.

[Minister's second reading speech made in—
Senate on 2 December 1998
House of Representatives on 26 September 2001]

(229/98)