Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 2   Home Affairs

Part 1   Main amendments

Migration Act 1958

151   After subsection 357A(2)

Insert:

(2A) If there is any inconsistency between the relevant provisions and any of the following provisions of the ART Act, the relevant provisions prevail to the extent of the inconsistency:

(a) section 49 (Tribunal has discretion in relation to procedure);

(b) section 50 (Tribunal is to act informally etc.);

(c) section 53 (Tribunal controls scope of review of decision);

(d) section 55 (right to present case).

Note: The ART Act generally applies in relation to reviews by the ART (see subsection 336P(1)).

(2B) Without limiting subsection (2A), paragraph 55(1)(b) of the ART Act does not apply in relation to a review of a reviewable migration decision or a reviewable protection decision.

(2C) As an exhaustive statement of the requirements of the natural justice hearing rule, the relevant provisions do not require the ART to observe any principle or rule of common law relating to the matters the relevant provisions deal with.

(2D) In this section, the relevant provisions are:

(a) this Division; and

(b) sections 374, 375, 375A and 376 and Division 7, in so far as they relate to this Division.