Document ID: chunk:federal_register_of_legislation:C2023A00001:clause:1_5:p2
Version: federal_register_of_legislation:C2023A00001
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 2/2)
Character Range: 8274–9405

pre‑commencement action and the event mentioned in paragraph (b);
 (d) if one or more provisions of the Migration Act 1958 or the Migration Regulations 1994 have the effect that the person is able to take action of that kind in relation to the validated decision only during a particular period (the original period) starting before commencement—the person may take the fresh action on or after commencement as if the period for taking the fresh action:
 (i) started at commencement; and
 (ii) were the same length as the original period.
Note: 22 December 2022 is the day the Full Court of the Federal Court of Australia gave judgment in Pearson v Minister for Home Affairs [2022] FCAFC 203.

Extensions to be disregarded
(3) For the purposes of subitem (1) or (2), disregard the fact that it may have been possible to extend the original period mentioned in that subitem.

Definitions
(4) In this item:
validated decision means a decision (however described) that would have been invalid except for item 4.

[Minister's second reading speech made in—
Senate on 7 February 2023
House of Representatives on 13 February 2023]
(6/23)