Section 198AHAA — Rules of natural justice do not apply in relation to third country reception arrangements

198AHAA Rules of natural justice do not apply in relation to third country reception arrangements

Entering into third country reception arrangements

(1) The rules of natural justice do not apply to an exercise of the executive power of the Commonwealth to:

(a) enter into a third country reception arrangement with a foreign country; or

(b) do anything preparatory to entering into a third country reception arrangement with a foreign country. Note: The following are examples of things that are preparatory to entering into a third country reception arrangement with a foreign country:

(a) drafting the arrangement;

(b) negotiating and settling the terms of the arrangement with the foreign country;

(c) providing information to the foreign country about non-citizens who may be transferred to the foreign country under the arrangement (whether or not those non-citizens are of a kind mentioned in subsection 198AAA(1));

(d) adopting the arrangement.

Things done in relation to third country reception arrangements

(2) The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including in relation to the third country reception functions of a foreign country. Note: The following are examples of things done in relation to a third country reception arrangement with a foreign country or the third country reception functions of a foreign country:

(a) the things mentioned in subsection 198AHB(2);

(b) an officer of the Department applying for a non-citizen to be granted permission by a foreign country to enter and remain in that country for the purposes of section 76AAA.

(3) For the purposes of subsection (2), it does not matter whether:

(a) the Commonwealth does the thing by exercising its executive power; or

(b) any of the following do the thing by exercising statutory power under a provision of this Act:

(i) the Commonwealth;

(ii) the Minister, or a delegate of the Minister;

(iii) an officer of the Department.

(4) In this section: third country reception arrangement has the meaning given by section 198AHB. third country reception functions has the meaning given by subsection 198AHB(5).