Bill
Administrative Review Tribunal (Miscellaneous Measures) Bill 2024
passed, as at 2025-02-20. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2024-08-21
- second reading — 2024-08-21
- other — 2024-09-10
- second reading — 2024-09-10
- second reading — 2024-09-10
- other — 2024-09-11
- third reading — 2024-09-11
- introduced — 2024-09-11
- second reading — 2024-09-11
- second reading — 2025-02-04
- second reading — 2025-02-11
- second reading — 2025-02-11
- committee — 2025-02-11
- committee — 2025-02-12
- third reading — 2025-02-12
- other — 2025-02-12
- other — 2025-02-12
- passed — 2025-02-12
- royal assent — 2025-02-20
Divisions
- The majority voted in favour of [amendment (4) on sheet GF100](https://www.openaustralia.org.au/senate/?gid=2025-02-11.54.1), which means it will now be included in the bill. Queensland Senator [Anthony Chisholm](https://theyvoteforyou.org.au/people/senate/queensland/anthony_chisholm) (Labor) explained that these [amendments:](https://www.openaustralia.org.au/senate/?gid=2025-02-11.54.1) > *extend the timeframe for persons who are in immigration detention to apply to the tribunal for a review of migration and protection decisions from seven days to 14 days. This would ensure that no applicants in immigration detention have less time to apply than they did in the Administrative Appeals Tribunal.* ### Amendment text > *(4) Schedule 2, items 115 to 119, page 35 (line 18) to page 37 (line 2), omit the items, substitute:* > >> *115 Paragraph 347(3)(a)* >> >> *Omit “7 days”, substitute “14 days”.* — 2025-02-11, Senate: affirmative, ayes 38, noes 30
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2025-02-12.29.1) introduced by NSW Senator [David Shoebridge](https://theyvoteforyou.org.au/people/senate/nsw/david_shoebridge) (Greens), which means they were not successful. The amendments related to reconsideration of Immigration Assessment Authority (IAA) decisions. ### Amendment text > *(1)—Clause 2, page 4 (at the end of the table), add:* > >> *11. Schedule 6* >> >> *The day after this Act receives the Royal assent.* > > *(2)—Page 49 (after line 17), at the end of the bill, add:* > >> *Schedule 6 — Reconsideration of IAA decisions* >> >> *1 Definitions* >> >>> *In this Schedule:* >>> >>>> *ART means the Administrative Review Tribunal.* >>>> >>>> *IAA means the Immigration Assessment Authority, as in existence before the transition time.* >>>> >>>> *Minister means the Minister administering the Migration Act 1958.* >>>> >>>> *new Act means the Administrative Review Tribunal Act 2024.* >>>> >>>> *transition time means the time the new Act commences.* >> >> *2 Reconsideration of decisions on protection visa applications* >> >>> *(1) Subitem (2) applies if, at any time before the transition time:* >>> >>>> *(a) a person applied for a protection visa (within the meaning of the Migration Act 1958); and* >>>> >>>> *(b) a decision (the original decision) under section 65 of that Act on the person's application had been made to refuse to grant the visa to the person; and* >>>> >>>> *(c) the IAA reviewed and affirmed the original decision; and* >>>> >>>> *(d) the person has not been granted a protection visa since the original decision was made.* >>> >>> *(2) The Minister must:* >>> >>>> *(a) refer the original decision to the ART as soon as practicable after the commencement of this item; and* >>>> >>>> *(b) notify the person in writing that the Minister as referred the original decision.* >>> >>> *(3) If the person requests the Minister to withdraw the referral, the Minister must with — 2025-02-12, Senate: negative, ayes 15, noes 28
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2024-08-21.
This bill would update references and make technical changes to 52 Commonwealth Acts as part of replacing the Administrative Appeals Tribunal with the new Administrative Review Tribunal.
It would change the ART Act to exclude the Christmas and New Year period from the 28-day appeal deadline, limit the President's ability to delegate powers in sensitive areas, and allow the Attorney-General to delegate cost authorisation.
The bill would also standardise timeframes for reviewing deemed decisions and amend the Crimes Act to give nominated Tribunal members consistent immunity when issuing certain search warrants.
- Amends 52 Commonwealth Acts to update AAT references and make technical amendments.
- Excludes the period from 24 December to 14 January from the 28-day appeal calculation.
- Limits delegation of Tribunal powers and functions in the Intelligence and Security jurisdiction area.
- Allows the Attorney-General to delegate the power to authorise costs or grant legal or financial assistance.
- Removes inconsistent timeframes for review of deemed decisions to align with the ART Act.
- Amends the Crimes Act to give nominated Tribunal members a standalone immunity for post-entry and delayed notification search warrants.
Applicants, parties, and decision-makers involved in reviews before the Administrative Review Tribunal, as well as nominated Tribunal members exercising functions under the Crimes Act.
Sources
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