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MIGRATION AND MARITIME POWERS LEGISLATION AMENDMENT (RESOLVING THE ASYLUM LEGACY CASELOAD) ACT 2014 - SCHEDULE 7

Caseload management

Part   1 -- Amendments

Migration Act 1958

1   Subsection   65(1)

Omit "After considering", substitute "Subject to sections   84 and 86, after considering".

2   Subsection   65(1) (before the note)

Insert:

Note 1:   Section   84 allows the Minister to suspend the processing of applications for visas of a kind specified in a determination made under that section. Section   86 prevents the Minister from granting a visa of a kind specified in a determination under section   85 if the number of such visas granted in a specified financial year has reached a specified maximum number.

3   Subsection   65(1) (note)

Omit "Note", substitute "Note 2".

4   Section   65A

Repeal the section.

5   Subsection   84(1)

Omit "notice in the Gazette ", substitute "legislative instrument".

6   Subsection   84(1)

After "visas", insert "(including protection visas)".

7   Subsection   84(1)

Omit "the notice", substitute "the determination".

8   Subsection   84(2)

Omit "Where a notice under subsection   (1) is published in the Gazette ", substitute "On and after the commencement of an instrument made under subsection   (1)".

9   Subsection   84(3)

Omit "A notice", substitute "A determination".

10   Subsection   84(4)

Omit "notice", substitute "determination".

10A   Section   85

Omit "The", substitute "(1) Subject to subsection   (2), the".

11   Section   85

Omit "notice in the Gazette ", substitute "legislative instrument".

12   Paragraphs 85(a) and (b)

After "visas", insert "(including protection visas)".

12A   At the end of section   85

Add:

  (2)   Subsection   (1) does not apply in relation to temporary protection visas.

13   Section   91Y

Repeal the section.

14   Section   414A

Repeal the section.

15   Section   440A

Repeal the section.

Part   2 -- Application and savings

16   Application of amendments

(1)   The amendments of sections   65, 84 and 85 of the Migration Act 1958 made by Part   1 of this Schedule apply in relation to an application for a visa:

  (a)   made on or after the commencement of that Part; or

  (b)   made before the commencement of that Part but not finally determined as at the commencement of that Part.

(2)   The repeal of section   65A of the Migration Act 1958 made by Part   1 of this Schedule applies in relation to an application for a protection visa:

  (a)   made on or after the commencement of that Part; or

  (b)   made before the commencement of that Part but not finally determined as at the commencement of that Part.

(3)   The repeals of sections   91Y and 440A of the Migration Act 1958 made by Part   1 of this Schedule apply in relation to reporting periods commencing on or after the commencement of that Part.

(4)   The repeal of section   414A of the Migration Act 1958 made by Part   1 of this Schedule applies in relation to an application for a review:

  (a)   made on or after the commencement of that Part; or

  (b)   made before the commencement of that Part but not finally determined as at the commencement of that Part.

17   Saving provision--notices in Gazette

(1)   A notice in force under subsection   84(1) of the Migration Act 1958 immediately before the commencement of Part   1 of this Schedule continues in force after that commencement as if the amendments of section   84 of that Act made by that Part had not been made.

(2)   A notice in force under section   85 of the Migration Act 1958 immediately before the commencement of Part   1 of this Schedule continues in force after that commencement as if the amendments of section   85 of that Act made by that Part had not been made.



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