Document ID: chunk:federal_register_of_legislation:C2023A00001:clause:1_4
Version: federal_register_of_legislation:C2023A00001
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 3696–5765

4  Validation of things done before commencement
(1) This item applies if a thing done, or purportedly done, before commencement under a law, or provision of a law, covered by subitem (2) would, apart from this item, be wholly or partly invalid only because a sentence, taken into account in doing, or purporting to do, the thing, was imposed in respect of 2 or more offences.
(2) The laws and provisions are as follows:
 (a) the Migration Act 1958;
 (b) any legislative instrument made under that Act;
 (c) clauses 51 and 53 of Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999;
 (d) clauses 51 and 53 of Schedule 1A to the Fisheries Management Act 1991;
 (e) clauses 51 and 53 of Schedule 2 to the Torres Strait Fisheries Act 1984.
Note: The things referred to in subitem (1) include (for example) the following:
       (a) deciding under section 501, 501A, 501B or 501BA of the Migration Act 1958 to refuse to grant a visa to a person, or to cancel a visa granted to a person;
       (b) accessing information under Division 2 of Part 4A of that Act, or disclosing information under Division 3 of that Part;
       (c) giving a notice under subsection 501L(1) of that Act;
       (d) divulging or communicating information as mentioned in subparagraph 503A(1)(a)(ii) or (b)(ii) of that Act.
(3) The thing done, or purportedly done, is taken for all purposes to be valid and to have always been valid.
(4) To avoid doubt, anything done or purported to have been done by a person that would have been invalid except for subitem (3) is taken for all purposes to be valid and to have always been valid, despite any effect that may have on the accrued rights of any person.
(5) For the purposes of applying this item in relation to civil or criminal proceedings, this item applies in relation to:
 (a) civil and criminal proceedings instituted on or after commencement; and
 (b) civil and criminal proceedings instituted before commencement, being proceedings that are concluded:
 (i) before commencement; or
 (ii) on or after commencement.