Document ID: chunk:federal_register_of_legislation:C2006C00044:clause:1_368b
Version: federal_register_of_legislation:C2006C00044
Segment Type: clause
Provision Reference: sch 1 cl 368B
Character Range: 25848–28332

368B  Tribunal decision to be handed down

 (1) This section applies to any decision on a review by the Tribunal other than the following decisions:
 (a) a decision that is given orally;
 (b) a decision on the application of a person who is in immigration detention because of:
 (i) a decision to refuse to grant him or her a bridging visa; or
 (ii) a decision to cancel his or her bridging visa.

 (2) On the day, and at the time and place, specified in the notice referred to in section 368A, the decision on the review is to be handed down (on behalf of the Tribunal) by:
 (a) the Principal Member; or
 (b) a person authorised in writing by the Principal Member to hand down decisions.
An authorisation may set out the circumstances in which a person is authorised to hand down decisions.

 (3) The Tribunal's decision may be handed down:
 (a) by reading the outcome of the decision; and
 (b) whether or not either or both the applicant and the Secretary are present.

 (4) The date of the decision is the date on which the decision is handed down.

 (5) If the applicant and the Secretary are present at the handing down of the decision, the Tribunal must give each of them a copy of the statement prepared under subsection 368(1).

 (6) If the applicant is not present at the handing down of the decision, the Tribunal must notify the applicant of the decision by giving the applicant a copy of the statement prepared under subsection 368(1). The copy must be given to the applicant:
 (a) within 14 days after the day on which the decision is handed down; and
 (b) by one of the methods specified in section 379A.

 (7) If the Secretary is not present at the handing down of the decision, the Tribunal must give to the Secretary a copy of the statement prepared under subsection 368(1) within 14 days after the day on which the decision is handed down.

 (8) Without limiting the generality of subsections (6) and (7), an applicant or the Secretary is taken not to be present at the handing down of a decision if:
 (a) he or she is not at the same location as that of the person who is handing down the decision when the decision is handed down; and
 (b) the decision is being handed down by:
 (i) telephone; or
 (ii) closed‑circuit television; or
 (iii) any other means of communication.

 (9) A reference to the applicant or the Secretary being present at the handing down of the decision includes a reference to a representative of the applicant or Secretary being present.