Migration Legislation Amendment (Judicial Review) Act 2001 (134 of 2001)

Schedule 1   Judicial review

Part 1   Amendments

Migration Act 1958

7B   After section 486A

Insert:

486AA Intervention by Attorney-General

(1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding resulting from an application referred to in subsection 486A(1).

(2) If the Attorney-General intervenes in such a proceeding, the High Court may make such orders as to costs against the Commonwealth as the court thinks fit.

(3) If the Attorney-General intervenes in such a proceeding, he or she is taken to be a party to the proceeding.

486AB Operation etc. of decision

The making of an application referred to in subsection 486A(1) does not:

(a) affect the operation of the decision; or

(b) prevent the taking of action to implement the decision; or

(c) prevent the taking of action in reliance on the making of the decision.