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MIGRATION ACT 1958 - SECT 494B

Methods by which Minister gives documents to a person

Coverage of section

             (1)  For the purposes of provisions of this Act or the regulations that:

                     (a)  require or permit the Minister to give a document to a person (the recipient ); and

                     (b)  state that the Minister must do so by one of the methods specified in this section;

the methods are as follows.

          (1A)  If a person is a minor, the Minister may use the method mentioned in subsection (4), (5) or (5A) to dispatch, transmit or make available a document to an individual (a carer of the minor ):

                     (a)  who is at least 18 years of age; and

                     (b)  who the Minister reasonably believes:

                              (i)  has day-to-day care and responsibility for the minor; or

                             (ii)  works in or for an organisation that has day-to-day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.

Note:          If the Minister gives an individual a document by the method mentioned in subsection (4), (5) or (5A), the individual is taken to have received the document at the time specified in section 494C in respect of that method.

          (1B)  However, subsection (1A) does not apply if subsection 52(3C) (which relates to giving notifications in the case of combined applications) applies in relation to the minor.

Giving by hand

             (2)  One method consists of the Minister (including by way of an authorised officer) handing the document to the recipient.

Handing to a person at last residential or business address

             (3)  Another method consists of the Minister (including by way of an authorised officer) handing the document to another person who:

                     (a)  is at the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents; and

                     (b)  appears to live there (in the case of a residential address) or work there (in the case of a business address); and

                     (c)  appears to be at least 16 years of age.

Dispatch by prepaid post or by other prepaid means

             (4)  Another method consists of the Minister dating the document, and then dispatching it:

                     (a)  within 3 working days (in the place of dispatch) of the date of the document; and

                     (b)  by prepaid post or by other prepaid means; and

                     (c)  to:

                              (i)  the last address for service provided to the Minister by the recipient for the purposes of receiving documents; or

                             (ii)  the last residential or business address provided to the Minister by the recipient for the purposes of receiving documents; or

                            (iii)  if the recipient is a minor--the last address for a carer of the minor that is known by the Minister.

Transmission by fax, email or other electronic means

             (5)  Another method consists of the Minister transmitting the document by:

                     (a)  fax; or

                     (b)  email; or

                     (c)  other electronic means;

to:

                     (d)  the last fax number, email address or other electronic address, as the case may be, provided to the Minister for the purposes of receiving documents; or

                     (e)  if the recipient is a minor--the last fax number, email address or other electronic address, as the case may be, for a carer of the minor that is known by the Minister.

Making document available by way of online account

          (5A)  Another method consists of the Minister making the document available by way of an online account of the recipient established for purposes relating to this Act or the regulations.

When the Minister hands a document by way of an authorised officer

             (6)  For the purposes of sections 494C and 494D, a reference in those sections to an act of the Minister includes, if the act is of a kind referred to in subsection (2) or (3) of this section, a reference to an act of the Minister by way of an authorised officer.

Documents given to a carer

             (7)  If the Minister gives a document to a carer of a minor, the Minister is taken to have given the document to the minor. However, this does not prevent the Minister giving the minor a copy of the document.



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