Immigration Amendment Act 2013

16 Section 403 amended (Regulations in respect of refugee and protection matters)
  • (1) After section 403(k), insert:

    • (ka) specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138:

      • (i) common circumstances or common characteristics of the claims:

      • (ii) common circumstances or common characteristics of the claimants making the claims:.

    (2) In section 403, insert as subsections (2) and (3):

    • (2) No regulations may be made under section 400 in respect of the matters specified in subsection (1)(ka) of this section unless the Minister—

      • (a) has recommended the making of the regulations to the Governor-General; and

      • (b) before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons:

        • (i) there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations:

        • (ii) the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138 is unlikely to produce a robust outcome.

    • (3) Regulations made under section 400 in respect of the matters specified in subsection (1)(ka) of this section—

      • (a) are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and

      • (b) have no continuing effect after the date on which they expire.