Commonwealth of Australia

Migration Act 1958

DESIGNATED MIGRATION LAW 

(PARAGRAPH 495A(3)(b)) 

I, KEVIN ANDREWS, Minister for Immigration and Citizenship, acting under
paragraph 495A(3)(b) of the Migration Act 1958 (‘the Act’), determine that
Subdivision AF of Division 3 of Part 2 of the Act is part of the designated migration law for the purposes of subsection 495A(1) of the Act.

This Instrument, IMMI 07/091, commences on the day after registration on the Federal Register of Legislative Instruments.

Dated   19 November 2007

KEVIN ANDREWS

Minister for Immigration and Citizenship

[NOTES:

1. Subsections 495A(1) and (2)  provide that the Minister may arrange for the use, under the Minister’s control, of computer programs for any purposes for which the Minister may, or must, under the designated Migration Law

(a)      make a decision; or

(b)      exercise any power, or comply with any obligation; or

(c)      do anything else related to making a decision, exercising a power, or complying with an obligation.

AND 

 The Minister is taken to have:

(a)      made a decision; or

(b)      exercised a power, or complied with an obligation; or

(c)      done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;

that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).

2. Subsection 495A(3) provides relevantly that the Minister may, by legislative instrument, determine any provision of the Act or of the Migration Regulations 1994 to be part of the designated migration law for the purposes of section 495A.]