Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p76
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 191474–194235

the Refugee Review Tribunal; and

    (b)     the AAT Act applies to the review of the RRT-reviewable decision subject to the modifications in this Division.

Modification of definition of 'member' in section 3 of the AAT Act

"166HC. Section 3 of the AAT Act applies in relation to an RRT-reviewable decision as if the definition of member were omitted and the following definition substituted:

' "member" means a presidential member, a senior member or any other member of the Tribunal and includes the Principal Member of the Refugee Review Tribunal;'.

Modification of section 21 of the AAT Act

"166HD. Section 21 of the AAT Act applies in relation to an RRT-reviewable decision as if:

     (a) Subsection (1) were omitted and the following subsections substituted:

     '(1) Subject to subsection (1AA), the Tribunal is, for the purposes of the exercise of its powers in relation to a matter, to be constituted by:

        (a)     a presidential member who is a Judge, the Principal Member of the Refugee Review Tribunal and one other member (not being a Judge); or

        (b)     a Deputy President, the Principal Member of the Refugee Review Tribunal and one non-presidential member.

     '(1AA) If the Principal Member of the Refugee Review Tribunal had constituted that Tribunal for the review by the Refugee Review Tribunal of the RRT-reviewable decision that is the subject of a matter, the Tribunal in relation to proceedings for the purposes of the exercise of its power in relation to that matter, is to be constituted by:

         (a)     a presidential member who is a Judge and two other members (not being Judges or the Principal Member of the Refugee Review Tribunal); or

         (b)     a Deputy President and two non-presidential members (not being the Principal Member of the Refugee Review Tribunal).'; and

  (b) subsections (2), (3) and (4) were omitted.

Certain sections of the AAT Act do not apply to RRT-reviewable decisions

"166HE. Sections 21A, 27, 28 and 29 of the AAT Act do not apply in relation to RRT-reviewable decisions.

Modification of section 25 of the AAT Act

"166HF. Section 25 of the AAT Act applies in relation to an RRT-reviewable decision as if subsections (6) and (6A) were omitted.

Modification of section 30 of the AAT Act

"166HG. Section 30 of the AAT Act applies in relation to an RRT-reviewable decision as if paragraphs (1)(a) and (b) were omitted and the following paragraphs substituted:

     '(a) the person who, under section 166HB of the Migration Act 1958, is taken to have applied to the Tribunal for review of the decision; and

    (b) the person who is the Minister for the purposes of the Migration Act 1958; and'.

Modification of section 37 of the AAT Act

"166HH. Section 37 of