Interaction with the ART Act
act-s474AA — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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