Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p8
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 8/38)
Character Range: 775099–777807

decisions
  Applications may be made to the ART for review of the following decisions:
 (a) a decision under subregulation 4.41(3) that is made by the Skills Assessment Minister;
 (b) a decision under subregulation 4.41(8) that is taken to have been made by the Skills Assessment Minister;
 (c) a decision under subregulation 4.42(3) that is made by the Skills Assessment Minister.

Part 5—Miscellaneous

Division 5.1—Service of documents

5.01  Definition for Division 5.1
  In this Division:
document includes:
 (a) a letter; and
 (b) an invitation, notice, notification, statement or summons, if it is in writing.

5.02  Service of document on person in immigration detention
  For the purposes of the Act and these Regulations, a document to be served on a person in immigration detention may be served by giving it to the person himself or herself, or to another person authorised by him or her to receive documents on his or her behalf.

Division 5.2—Procedure of commissioners and prescribed authorities
Note: If a person is proposed to be deported because he or she was convicted of certain serious offences (set out in section 203 of the Act), he or she may ask the Minister to appoint a Commissioner to inquire into whether the grounds for the deportation have been made out.
 Section 253 of the Act provides that if a person arrested as a deportee asserts that he or she is not the person named in the deportation order, and makes a statutory declaration saying so, the person must be taken before a prescribed authority, who must inquire into whether there are reasonable grounds for supposing the person to be a deportee. The persons who may be prescribed authorities are set out in section 255 and include a judge or former judge, a legal practitioner of at least 5 years' standing, and a magistrate.

5.04  Power of Commissioner to send for witnesses and documents
  A Commissioner appointed under subsection 203(4) of the Act (which deals with the appointment of commissioners) may, by writing signed by the Commissioner, summon any person:
 (a) to attend before the Commissioner at a time and place specified in the summons; and
 (b) to give evidence; and
 (c) to produce any books or documents in the person's custody or control which the person is required by the summons to produce.

5.05  Duty of witness to continue in attendance
 (1) A person who has been summoned to attend before a Commissioner as a witness must appear and report from day to day, unless excused by the Commissioner.
Penalty: 10 penalty units.
 (2) Strict liability applies to subregulation (1).

5.06  Arrest of witness failing to appear
 (1) If a person who has been summoned to attend before a Commissioner fails: