Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Subsection 5(1) (definition of Immigration Review Tribunal )
Repeal the definition.
2 Subsection 5(1)
Insert:
"Migration Review Tribunal" means the Migration Review Tribunal established by section 394.
3 Paragraph 91G(2)(a) and subsection 114(1)
Omit "Immigration Review Tribunal", substitute "Migration Review Tribunal".
4 Subsection 271(4) (paragraph (a) of the definition of migration proceedings )
Omit "Immigration Review Tribunal", substitute "Migration Review Tribunal".
5 Section 275 (paragraph (a) of the definition of review authority )
Repeal the paragraph, substitute:
(a) the Migration Review Tribunal; or
7 Section 337 (definition of Tribunal )
Repeal the definition, substitute:
"Tribunal" means the Migration Review Tribunal.
8 Subsections 352(1) and 381(1), paragraph 381(2)(a), subsections 381(5) and (6), paragraph 382(3)(a) and sections 383, 384, 388, 389, 392 and 393
Omit "Immigration Review Tribunal" (wherever occurring), substitute "Migration Review Tribunal".
Note: The headings to sections 347, 348, 349 and 352 are altered by omitting " Immigration Review Tribunal " and substituting " Migration Review Tribunal ".
9 Part 6
Repeal the Part, substitute:
Part 6 -- Migration Review Tribunal
Division 1 -- Establishment and membership of the Migration Review Tribunal
394 Establishment of the Migration Review Tribunal
A Migration Review Tribunal is established.
395 Membership of Migration Review Tribunal
The Migration Review Tribunal consists of:
(a) a Principal Member; and
(b) such number (not exceeding the prescribed number) of Senior Members as are appointed in accordance with this Act; and
(c) such number (not exceeding the prescribed number) of other members as are appointed in accordance with this Act.
(1) The members of the Tribunal are to be appointed by the Governor - General.
(2) The Principal Member and the Senior Members are to be appointed as full - time members.
(3) Any other member may be appointed either as a full - time member or as a part - time member.
(1) The Principal Member is the executive officer of the Tribunal and is responsible for its overall operation and administration.
(2) The Principal Member is responsible for:
(a) monitoring the operations of the Tribunal to ensure that those operations are as fair, just, economical, informal and quick as practicable; and
(b) allocating the work of the Tribunal among the members (including himself or herself) in accordance with guidelines under subsection (3).
(3) The Principal Member may determine, in writing, guidelines for the allocation of the work of the Tribunal.
(4) Without limiting the scope of subsection (3), guidelines determined under that subsection must provide that cases where a person affected by the decision under review is being held in immigration detention must be given priority over other cases.
398 Period of appointment of members
Subject to this Part, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for reappointment.
399 Remuneration and allowances of members
(1) A member is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in operation, the member is to be paid such remuneration as is prescribed.
(2) A member is to be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
400 Other terms and conditions
A member holds office on such terms and conditions in respect of matters not provided for by this Act as are determined by the Minister in writing.
A member may resign by writing signed by him or her and sent to the Governor - General.
(1) A member who has a conflict of interest in relation to a review by the Tribunal:
(a) must disclose the matters giving rise to that conflict to the applicant and:
(i) if the member is the Principal Member--to the Minister; or
(ii) in any other case--to the Principal Member; and
(b) the member must not take part in the review or exercise any powers in relation to the review unless:
(i) if the member is the Principal Member--the applicant and the Minister consent; or
(ii) in any other case--the applicant and the Principal Member consent.
(2) For the purposes of this section, a member has a conflict of interest in relation to a review by the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member's functions in relation to that review.
(1) The Governor - General may remove a member from office on the ground of proved misbehaviour or physical or mental incapacity.
(2) The Governor - General may remove a member from office if:
(a) the member becomes bankrupt; or
(b) the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) the member compounds with his or her creditors; or
(d) the member makes an assignment of remuneration for the benefit of his or her creditors; or
(e) the member has a direct or indirect pecuniary interest in an immigration advisory service; or
(f) the member, being a full - time member, is absent from duty, except on leave of absence granted in accordance with the terms and conditions determined under section 400, for 14 consecutive days or 28 days in any 12 months; or
(g) the member, being a full - time member, engages in paid employment outside the duties of the office of member without the Minister's written consent; or
(h) the member fails, without reasonable excuse, to comply with his or her obligations under section 402.
(3) In this section:
"immigration advisory service" means a body that provides services in relation to the seeking by non - citizens of permission to enter or remain in Australia.
(1) The Minister may appoint a person to act in a senior office:
(a) during a vacancy in the office, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
(2) Subject to this section, a person appointed to act during a vacancy in a senior office must not continue to act for more than 12 months.
(3) If a person is acting in an office, the Minister may direct that, for the purposes specified in the direction, the person is to be taken to continue to act in the office after the normal terminating event occurs.
(4) A direction under subsection (3) must specify the period during which the person is to be taken to continue to act in the office.
(5) The period specified under subsection (4) may be specified by reference to the happening of a particular event or the existence of particular circumstances.
(6) A direction under subsection (3):
(a) is to be given only if there is a pending review or other special circumstance justifying the giving of the direction; and
(b) may only be given before the normal terminating event occurs; and
(c) has effect according to its terms even if the holder of the office is also performing the duties of the office; and
(d) ceases to have effect 12 months after the normal terminating event occurs.
(7) If the Tribunal as constituted for the purposes of a review includes a person acting or purporting to act under this section, any decision of, or any direction given or other act done by, the Tribunal as so constituted is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(8) Anything done by or in relation to a person acting or purporting to act under an appointment under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(9) In this section:
"normal terminating event" , in relation to an appointment to act in an office, means:
(a) if the appointment is made under paragraph (1)(a)--the filling of the vacancy in the office; or
(b) if the appointment is made under paragraph (1)(b)--the holder of the office ceasing to be absent or ceasing to be unable to perform the duties of the office.
"senior office" means the office of Principal Member or an office of Senior Member.
The Principal Member may, by writing, signed by him or her, delegate to a Senior Member all or any of the Principal Member's powers under this Act other than the power under section 381 to refer decisions to the Administrative Appeals Tribunal.
Division 2 -- Registries and officers
(1) The Minister is to establish such registries of the Tribunal as the Minister thinks fit.
(2) The Minister must designate one of the registries as the Principal Registry.
(1) There is to be a Registrar of the Tribunal and such Deputy Registrars and other officers of the Tribunal as are required.
(2) The Registrar, the Deputy Registrars and the other officers of the Tribunal are to be appointed by the Minister.
(3) The officers of the Tribunal have:
(a) such duties, powers and functions as are provided by this Act and the regulations; and
(b) such other duties and functions as the Principal Member directs.
(4) The Registrar, the Deputy Registrar and the other officers of the Tribunal are to be persons appointed or employed under the Public Service Act 1922 .
(1) The Minister may appoint a person appointed or employed under the Public Service Act 1922 to act in a Tribunal office:
(a) during a vacancy in the office; or
(b) during a period when the holder of the office is absent from duty.
(2) In this section:
"Tribunal office" means the office of Registrar of the Tribunal, an office of Deputy Registrar of the Tribunal or the office of any other officer of the Tribunal appointed under section 407.
Part 2 -- Transitional provision
10 Appointments relating to the Migration Review Tribunal
(1) If, before the commencement of this Schedule, an appointment as provided for by subsection 4(1) of the Acts Interpretation Act 1901 is made under Part 6 of the Migration Act 1958 as amended by this Schedule, the amendments made to that Act by this Schedule apply to the appointment as if those amendments had commenced immediately before the appointment was made.
(2) This item does not affect the operation of Part 5 of the Migration Act 1958 .