Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 379G

  (1)   If:

  (a)   a person (the applicant ) applies for review of a reviewable migration decision or a reviewable protection decision; and

  (b)   the applicant gives the ART written notice of the name and address of another person (the authorised recipient ) authorised by the applicant to receive documents in connection with the review;

the ART must give the authorised recipient, instead of the applicant, any document that it would otherwise have given to the applicant.

Note:   If the ART gives a person a document by a method specified in section   379A, the person is taken to have received the document at the time specified in section   379C in respect of that method.

  (1A)   For the purposes of subsection   (1):

  (a)   paragraph   (1)(a) is taken to also apply to an application for review of a reviewable migration decision or a reviewable protection decision where the application is not properly made under section   347 or 347A; and

  (b)   in connection with such an application, paragraph   (1)(b) is taken to apply to a notice of a kind referred to in that paragraph as if the notice authorised the authorised recipient to receive documents in connection with the application (including a document notifying that recipient that the application is not properly made under either or both of those sections).

  (2)   If the ART gives a document to the authorised recipient, the ART is taken to have given the document to the applicant. However, this does not prevent the ART giving the applicant a copy of the document.

  (3)   Subject to subsection   (3A), the applicant (but not the authorised recipient) may vary or withdraw the notice under paragraph   (1)(b) at any time, but must not (unless the regulations provide otherwise) vary the notice so that any more than one person becomes the applicant's authorised recipient.

  (3A)   In addition to the applicant being able to vary the notice under paragraph   (1)(b) by varying the address of the authorised recipient, that recipient may also vary that notice by varying that address.

  (5)   This section does not apply to the ART giving documents to, or communicating with, the applicant when the applicant is appearing before the ART.