Document ID: chunk:federal_register_of_legislation:C2024C00856:schedule:2:p1
Version: federal_register_of_legislation:C2024C00856
Segment Type: schedule
Provision Reference: sch 2 (pt 1/4)
Character Range: 72542–75409

Schedule 2—Classes of decisions that are not decisions to which section 13 applies
Section 13

 (a) decisions in connection with, or made in the course of, redress of grievances, or redress of wrongs, with respect to members of the Defence Force;

 (b) decisions in connection with personnel management (including recruitment, training, promotion and organization) with respect to the Defence Force, including decisions relating to particular persons;

 (c) decisions under any of the following Acts:
        Consular Privileges and Immunities Act 1972
        Diplomatic Privileges and Immunities Act 1967
        International Organisations (Privileges and Immunities) Act 1963;

 (d) decisions under the Migration Act 1958, being:
 (i) decisions under section 11Q, other than:
 (A) a decision relating to a person who, at the time of the decision, was, within the meaning of that Act, the holder of a valid visa; or
 (B) a decision relating to a person who, having entered Australia within the meaning of that Act, was in Australia at the time of the decision;
 (ii) decisions in connection with the issue or cancellation of visas;
 (iii) decisions whether a person is a person referred to in paragraph (b) of the definition of exempt non‑citizen in subsection 5(1) of that Act; or
 (iv) decisions relating to a person who, having entered Australia as a diplomatic or consular representative of another country, a member of the staff of such a representative or the spouse, de facto partner or a dependent relative of such a representative, was in Australia at the time of the decision (for the purposes of this subparagraph, enter Australia, spouse, de facto partner and relative have the same meanings as in that Act);

 (da) decisions of the Attorney‑General to give:
 (i) notice under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004; or
 (ii) a certificate under section 26, 28, 38F or 38H of that Act;

 (db) decisions of the Minister appointed by the Attorney‑General under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 to give:
 (i) notice under section 6A of that Act; or
 (ii) a certificate under section 38F or 38H of that Act;

 (dc) decisions under subsection 8(4) or 9(4) of the Parliamentary Joint Committee on Law Enforcement Act 2010;

 (e) decisions relating to the administration of criminal justice, and, in particular:
 (i) decisions in connection with the investigation, committal for trial or prosecution of persons for any offences against a law of the Commonwealth or of a Territory;
 (ii) decisions in connection with the appointment of investigators or inspectors for the purposes of such investigations;
 (iii) decisions in connection with the issue of warrants, including search warrants and seizure warrants, under a law of the Commonwealth or of