Section 474AA — Interaction with the ART Act

474AA Interaction with the ART Act

(1) Part 7 of the ART Act does not apply to an application in relation to, or a proceeding for the review of, any of the following:

(a) a privative clause decision;

(b) a purported privative clause decision;

(c) an ART Act migration decision.

(2) Despite subsection (1):

(a) section 185 (referring questions of law) of the ART Act applies to an application in relation to, or a proceeding for the review of, a reviewable migration decision or a reviewable protection decision; but

(b) the ART does not have a duty to consider a request to refer a question of law at the request of a party to a proceeding.

(2A) To avoid doubt, if the ART refers a question of law under section 185 of the ART Act, Division 6 of Part 7 of that Act applies in relation to the proceeding before the Federal Court in relation to the reference.

(3) Subdivision A of Division 2 of Part 7 of the ART Act (appeals on questions of law) does not apply to a decision of the ART under section 185 of that Act (referring questions of law) in relation to proceedings for review of a reviewable migration decision or a reviewable protection decision.

Division 2—Jurisdiction and procedure of courts