Section 486C — Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court

486C Persons who may commence or continue proceedings in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court

(1) Only the persons mentioned in this section may commence or continue a proceeding in the Federal Circuit and Family Court of Australia (Division 2) or the Federal Court that raises an issue:

(a) in connection with visas (including if a visa is not granted or has been cancelled), deportation, taking, or removal of unlawful non-citizens; and

(b) that relates to the validity, interpretation or effect of a provision of this Act or the regulations;

(whether or not the proceeding raises any other issue).

(2) Those persons are:

(a) a party to a review mentioned in section 479; or

(b) the Attorney-General of the Commonwealth or of a State or a Territory; or

(c) a person who commences or continues the proceeding in performing the person’s statutory functions; or

(d) any other person prescribed by the regulations.

(3) This section applies to proceedings within the jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under section 476 of this Act, section 44 of the Judiciary Act 1903, section 32AB of the Federal Court of Australia Act 1976 or any other law.

(3A) This section applies to:

(a) proceedings:

(i) that are transferred to the Federal Court under section 153 of the Federal Circuit and Family Court of Australia Act 2021; and

(ii) whose transfer are confirmed by the Federal Court under section 32AD of the Federal Court of Australia Act 1976; and

(b) proceedings in which the Federal Court has jurisdiction under paragraph 476A(1)(b) or (c).

(3B) To avoid doubt, this section does not apply to proceedings that are transferred to the Federal Court under section 32AC of the Federal Court of Australia Act 1976.

(4) To avoid doubt, nothing in this section allows a person to commence or continue a proceeding that the person could not otherwise commence or continue.

Relationship with other laws

(5) This section has effect despite any other law.

(6) However, subsection (5) does not apply to a provision of an Act if the provision:

(a) commences after this section commences; and

(b) specifically states that it applies despite this section.