Document ID: chunk:federal_register_of_legislation:C2004A04614:body:0:p5
Version: federal_register_of_legislation:C2004A04614
Segment Type: other
Provision Reference: 
Character Range: 10536–13398

is amended by omitting "AA" and substituting "AH".

   Note: Under section 2, the commencement date of this provision is the day on which this Act receives the Royal Assent.

Minister may substitute more favourable decision

25. Section 166BE of the Principal Act is amended by inserting in subsection (2) "on or after 1 September 1994" after "(1)".

Note: Under section 2, the commencement date of this provision is 1 July 1993.

Minister may substitute more favourable decision

26. Section 166HL of the Principal Act is amended by inserting in subsection (2) "on or after 1 September 1994" after "(1)".

Note: Under section 2, the commencement date of this provision is 1 July 1993.

Division 4—Amendments to up-date a cross-reference to the regulations

Object of Division

27. The object of this Division is to up-date a cross-reference to the regulations in paragraph 166B(1)(b) of the Principal Act.

   Note: Under section 2, the commencement date of this provision is the day on which this Act receives the Royal Assent.

Decisions reviewable by Refugee Review Tribunal

28. Section 166B of the Principal Act is amended by inserting in paragraph (1)(b) "the Migration (Review) (1993) Regulations or under the repealed" after "other than such a decision made under".

   Note: Under section 2, the commencement date of this provision is the day on which this Act receives the Royal Assent.

Division 5—Amendments to allow the Refugee Review Tribunal to deal with the backlog of review applications

Object of Division

29. The object of this Division is to allow the Refugee Review Tribunal to deal with the backlog of review applications.

   Note: Under section 2, the commencement date of this provision is the day on which this Act receives the Royal Assent.

Insertion of new section

30. After section 166BA of the Principal Act the following section is inserted:

Refugee Review Tribunal to deal with the backlog of review applications

"166BAA.(1) This section applies to an RRT-reviewable decision covered by paragraph 166B(1)(a) or (b) if:

    (a) an application was made before 1 July 1993 for review of the RRT-reviewable decision; and

    (b) if, at the time when the application was made, there were in force regulations dealing with applications for review of such a decision—the application was made in accordance with those regulations; and

  (c) any of the following subparagraphs applies:

        (i) no decision on the review was made before the commencement of this section;

      (ii) all of the following sub-subparagraphs apply:

            (A) a decision (the 'initial review decision') on the review was made before the commencement of this section;

            (B) the initial review decision was quashed or set aside by a court before the commencement of this section;

            (C) the matter to which the initial