Pt 3 heading substituted by No 22 of 2017, s 3 and Sch 1 item 34, effective 2 July 2018. For application, saving and transitional provisions, see note under Pt 4A heading. The heading formerly read:

PART 3 - ELIGIBILITY FOR FAMILY ASSISTANCE

Div 7 inserted by No 116 of 2014, s 3 and Sch 2 item 2, effective 1 December 2014.

S 57GL repealed by No 31 of 2018, s 3 and Sch 2 item 24, effective 11 May 2018. No 31 of 2018, s 3 and Sch 1 Pt 5 contain the following transitional rules:

Part 5 - Transitional rules

284 Transitional rules  
(1)
A Minister administering an Act amended by this Schedule (the amended Act ) may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the following:

(a) the amendments or repeals of the amended Act made by this Schedule;

(b) the effect of section 19 or 19A of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act, because of an Administrative Arrangements Order made during the period:

(i) beginning on 20 December 2017; and

(ii) ending on the day before this item commences;

(c) the effect of a substituted reference order, made during the period mentioned in paragraph (b) of this subitem under section 19B of the Acts Interpretation Act 1901 , in relation to a provision of the amended Act.

Note:

Subparagraph (b)(i) - 20 December 2017 is the day an Administrative Arrangements Order was made to provide for certain matters to be dealt with by a Department of Home Affairs.

(2)
To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in an Act;

(e) directly amend the text of an Act.

(3)
This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

(4)
Rules made for the purposes of this item that are registered under the Legislation Act 2003 before the end of the period of 12 months starting on the commencement of this item:

(a) may be expressed to take effect from a date before the rules are registered; and

(b) apply despite subsection 12(2) (retrospective application of legislative instruments) of that Act.

S 57GL formerly read:

SECTION 57GL Notice from Immigration Minister  
57GL
If:

(a) the Immigration Minister cancels an individual ' s visa under section 116 or 128 of the Migration Act 1958 because of an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 ); or

[ CCH Note: No 116 of 2014, s 3 and Sch 2 item 9(5) provides that para (a) is applicable in relation to the cancellation of a visa, or an assessment made, before, on or after the 1 December 2014.]

(b) the Immigration Minister cancels an individual ' s visa under section 134B of the Migration Act 1958 (emergency cancellation on security grounds) and decides not to revoke that cancellation under subsection 134C(3) of that Act; or

(c) the Immigration Minister cancels an individual ' s visa under section 501 of the Migration Act 1958 and there is an assessment by the Australian Security Intelligence Organisation that the individual is directly or indirectly a risk to security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979 );

[ CCH Note: No 116 of 2014, s 3 and Sch 2 item 9(5) provides that para (c) is applicable in relation to the cancellation of a visa, or an assessment made, before, on or after the 1 December 2014.]

the Immigration Minister may give the Attorney-General a written notice setting out those matters.

S 57GL inserted by No 116 of 2014, s 3 and Sch 2 item 2, effective 1 December 2014.