Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 5E

Meaning of purported privative clause decision

  (1)   In this Act, purported privative clause decision means a decision purportedly made, proposed to be made, or required to be made, under this Act or under a regulation or other instrument made under this Act (whether in purported exercise of a discretion or not), that would be a privative clause decision if there were not:

  (a)   a failure to exercise jurisdiction; or

  (b)   an excess of jurisdiction;

in the making of the decision.

  (2)   In this section, decision includes anything listed in subsection   474(3).


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