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MIGRATION ACT 1958 - SECT 503E

Validation of decisions

             (1)  If:

                     (a)  section 503A is not a valid law of the Commonwealth (in whole or in part); and

                     (b)  the Minister made a decision under section 501, 501A, 501B, 501BA, 501C or 501CA before the commencement of this section;

the decision is not invalid, and is taken never to have been invalid, merely because:

                     (c)  the Minister:

                              (i)  relied on; or

                             (ii)  had regard to; or

                            (iii)  failed to disclose in accordance with any applicable common law or statutory obligation;

                            information that was covered, or purportedly covered, by subsection 503A(1) or (2); or

                     (d)  the Minister made the decision on the basis of an erroneous understanding of:

                              (i)  section 503A; or

                             (ii)  the protection that section 503A would provide against an obligation to disclose information.

             (2)  However, subsection (1) does not affect rights or liabilities arising between parties to proceedings in which:

                     (a)  judgment is reserved by a court as at the commencement of this section; or

                     (b)  judgment has been delivered by a court before the commencement of this section;

and the judgment sets aside, or declares invalid, a decision made by the Minister under section 501, 501A, 501B, 501BA, 501C or 501CA.



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