Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p32
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 32/48)
Character Range: 119693–122435

of the person not less than 21 years of age; or
     (b) a person under the age of 18 years in relation to whom a direction under section 4aa is in force.".

After section 4—
Insert the following section:

Orders for guardianship of certain children
"4aa. (1) Subject to sub-section (2), where—
     (a) a person under the age of 18 years enters Australia as a non-citizen in the charge of, or for the purpose of living in Australia under the care of, a relative of the person (other than a parent) not less than 21 years of age; and
     (b) the person intends to become, or is intended to become, a permanent resident of Australia,
the Minister may, if the Minister is satisfied that it is necessary in the interests of the person to do so, direct, in writing, that the person shall be the Minister's ward.
"(2) The Minister shall not give a direction under sub-section (1) unless the relative consents to the Minister doing so.".

After section 11—
Insert the following sections:

Reconsideration and review of certain decisions
"11a. (1) In this section, unless the contrary intention appears—
     'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975;
     'relevant decision' means a decision of a delegate of the Minister under section 4aa or 11;
     'reviewable decision' means—
         (a) a decision of the Minister under section 4aa or 11; or
         (b) a decision of the Minister under sub-paragraph (3) (a) (ii) or sub-section (4).

SCHEDULE 1—continued

"(2) Subject to sub-section (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
"(3) The request shall—
     (a) be made by notice in writing given to the Minister within—
         (i) the period of 28 days after the decision first comes to the notice of the person; or
         (ii) such further period as the Minister (whether before or after the expiration of that period of 28 days), by notice in writing served on the person, allows; and
     (b) shall set out the reasons for making the request.
"(4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may—
     (a) confirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and make a new decision in substitution for the decision set aside.
"(5) Where, pursuant to a request under sub-section (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.

Statements to accompany notification of certain decisions
"11b. (1)