Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 503E

  (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.